Chapter IV
ORGANIZATION OF IMPLEMENTATION
Article 14. Implementation responsibilities
1. The Ministry of Construction shall:
a/ Perform the state management of inspection and certification activities; guide and inspect the implementation of this Circular nationwide;
b/ Stop or request local state management agencies in charge of construction to stop inspection or certification activities upon detecting a violation in these activities. In case of necessity, request local state management agencies in charge of construction to disallow investors or owners to put their works into operation or use or to suspend the operation or use of works upon detecting factors which affect the safety of these works;
c/ Sum up and publicize information on inspection organizations and certification organizations; announce sanctions against and remove violators of this Circular from the list of inspection organizations and certification organizations on its website.
The Department for State Assessment of Quality of Construction Works of the Ministry of Construction shall assist the Ministry of Construction in performing the above tasks.
2. Provincial-level People's Committees shall:
a/ Guide and inspect inspection and certification activities within administrative boundaries under their management;
b/ Stop inspection or certification activities upon detecting a violation in these activities; disallow investors or owners to put their works into operation or use or suspend the operation or use of works upon detecting factors which affect the safety of these works;
c/ Receive and publicize information on inspection organizations and certification organizations operating in their localities; announce sanctions against violators of this Circular on websites of provincial-level Construction Departments and send them to the Ministry of Construction for publicization on its website;
d/ Annually review and report on the implementation of this Circular to the Ministry of Construction.
Provincial-level Construction Departments shall assist provincial-level People's Committees in performing the above tasks.
Article 15. Handling of violations
If violating this Circular, investors and owners of works and inspection organizations and certification organizations shall, apart from being administratively sanctioned under law, be handled as follows:
1. For investors and owners: To be suspended from operating or using their works or disallowed to put their works into operation or use.
2. For inspection organizations and certification organizations: To be removed from the list of inspection organizations and certification organizations on the Ministry of Construction's website.
Article 16. Implementation provisions
1. This Circular takes effect on June 1, 2011, and replaces the Ministry of Construction's Circular No. 16/2008/TT-BXD of September 11, 2008, guiding the inspection and certification of full satisfaction of force-bearing safety conditions and the certification of quality standard conformity of construction works; Articles 5 and 6 of the Ministry of Construction's Circular No. 22/2009/TT-BXD of July 6, 2009, detailing the capability conditions in construction activities; and Point b, Clause 2, Article 4 and Article 8 of Circular No. 35/2009/TT-BXD.
2. Construction works for which certification has been or is being made under Circular No. 16/2008/TT-BXD must still comply with Circular No. 16/2008/TT-BXD.
Any difficulties or problems arising in the course of implementation should be reported to the Ministry of Construction for study and settlement. -
Tìm kiếm
Thông tư 03/2011/TT-BXD (Bản Pdf)
Thông tư 03/2011/TT-BXD (Bản Word)