Chương 1 Thông tư 10/2013/TT-BXD: Quy định chung

Chapter I

GENERAL PROVISIONS

Article 1. Scope of regulation and subjects of application

1. Scope of regulation:

a) This Circular elaborates some regulations on construction quality management according to the Decree No. 15/2013/ND-CP, applicable to the building works funded by all capital sources;

b) The regulations on inspecting, assessing, approving the engineering, detached housing quality management, and relevant regulations are provided in other Circulars of the Ministry of Construction.

2. Subjects of application

The Vietnamese or foreign organizations and individuals involved in the quality management of building works in Vietnam.

Article 2. Responsibilities for construction quality management of the investor, project management board, or project management consultants

1. The investor is responsible for organizing the construction quality management, including survey, design, construction, project commissioning, and warranty, including:

a) Selecting capable contractors to do under take building tasks; accepting sub-contractors to participate in building tasks suggested by the general contractor in accordance with the contract;

b) Monitoring the quality of construction survey and design in accordance with Article 13, Article 18, Article 21 of the Decree No. 15/2013/ND-CP, and relevant regulations in this Circular;

c) Monitoring the building quality in accordance with Article 24 of the Decree No. 15/2013/ND-CP and relevant regulations in this Circular;

d) Carrying out  project commissioning in accordance with Article 31 of the Decree No. 15/2013/ND-CP and relevant regulations in this Circular;

dd) Providing construction warranty in accordance with Chapter V of the Decree No. 15/2013/ND-CP;

e) Keeping the building documents in accordance with Article 28 of this Circular;

g) Dealing with accidents in accordance with Chapter VI of the Decree No. 15/2013/ND-CP and relevant regulations in this Circular;

h) Complying with requests of state agencies in charge of construction during the building process.

2. The legal representative of the investor may delegate the project management board (for direct management) or the project management consultant (for hired project management consultants) to take one or some tasks in Clause 1 of this Article, except for: approving the engineering as the basis for inviting and assessing tenders, approving tendering result and selecting contractors, carrying out project commissioning or approving project commissioning results.

3. The investor shall provide guidance, carry out inspection and take responsibility for the performance of the project management board when the investor delegates the project management board. The project management board is responsible to the investor and law for the tasks and entitlements delegated by the investor.

4. Where the investor hires project management consultants, the delegation of tasks to the project management consultants must be specified in the construction. The investor is responsible for inspecting and supervising the project management consultant executing the contract. The project management consultant is responsible to the investor and law for fulfillment of contractual agreements.

5. If investor undertake the engineering and building work, the investor shall establish a construction quality management department independent from the design department and building department to monitor construction quality in accordance with this Article.

Article 3. Responsibilities for construction quality management under Engineering-Procurement-Construction (EPC) contracts or Engineering-Construction (EC) contracts

1. The investor does not directly manage the construction qualify, and shall undertake the tasks below:

a) Specifying the engineering task:

b) Selecting the general contractor and compare the capacity of the general contractor with the tender; appoint sub-contractors in the allowable cases in accordance with legislation on building contracts;

c) Assessing the ability of primary sub-contractors suggested by the general contractor in accordance with the contract;

d) Inspecting and approving the design created by the general contractor;

dd) Approving the building schedule;

e) Checking and accepting the building materials, products, and technological equipment used for the building work;

g) Witnessing the  commissioning process or directly participate in the commissioning process of some important building tasks or stages done by the general contractor and sub-contractors;

h) Carrying out commissioning and inaugurating finished work items and building works;

i) Complying with requests, or request the general contractor to comply requests of state agencies in charge of construction in accordance with law during the construction of building works.

2. The general contractor is responsible for the quality of the tasks undertaken by the general contractor and sub-contractors, including:

a) Making submitting the quality control procedure for all the tasks undertaken by the general contractor and sub-contractors;

b) Controlling the quality of survey, design, and construction of the works they carry out in accordance with the Decree No. 15/2013/ND-CP and relevant guiding Circulars;

c) Selecting capable and proficient sub-contractors;

d) Supervising,  carrying out commissioning of the tasks undertaken by sub-contractors;

dd) The general contractor is responsible to the investor for the quality of the tasks undertaken by sub-contractors.

Article 4. Responsibilities for construction quality management under construction contracts or Engineering-Procurement (EP) contracts or Procurement-Construction (PC) contracts.

1. The investor is obliged to:

a) Organize the management of construction quality of the tasks undertaken by the general contractor and primary contractors in accordance with Clause 1 and Clause 2 of this Circular;

b) Examine the capacity of the sub-contractors suggested by the general contractor in accordance with the contract; appoint sub-contractors in allowable cases in accordance with legislation on construction contracts; witnessing the commissioning process, or participate in the commissioning process of some building tasks undertaken by sub-contractors where necessary;

2. The general contractor is obliged to:

a) Fulfill the responsibilities of contractors for construction quality management according to the Decree No. 15/2013/ND-CP and relevant legislative documents;

b) Select capable and proficient sub-contractors; supervise,  carry out commissioning of the tasks undertaken by sub-contractors;

The general contractor is responsible before the investor and law for the quality of the building tasks undertaken by sub-contractors.

3. Sub-contractors shall fulfill the responsibilities of contractors for construction quality management according to the Decree No. 15/2013/ND-CP and relevant legislative documents.

Article 5. Responsibilities for construction quality management of investment under BOT, BTO, BT, or PPP contracts

1. The project management enterprise is obliged to:

a) Select advisory contractors, procuring contractors, building contractors, and other contractors to execute the project in accordance with legislation on tendering.

The tendering result must be report to the state agencies authorized to sign BOT, BTO, BT, and PPP contracts within 15 working days from the day on which the decision on contractors are made;

b) Make the technical design based on the feasibility study report and project contract, and send it to the state agencies authorized to sign BOT, BTO, BT, and PPP contracts for supervision and inspection;

c) Carry out supervision, or hire an independent advisory organization to supervise the building work;  carry out commissioning of the items and the whole building work based on the design, in accordance with legislation on construction and contractual agreements;

d) Undertake the responsibilities for construction quality management of the investor in accordance with Article 2 of this Circular;

dd) Carry out technology transfers, providing training warranty and maintenance depending on the requirements of the project contract and relevant laws.

2. The state agencies authorized to sign BOT, BTO, BT, and PPP contracts are obliged to:

a) Receive and check the conformity of the tendering result sent by the project management enterprise with requirements of the project contract and relevant laws;

b) Supervise and inspect the technical design created by the project management enterprise in accordance with the Decree No. 15/2013/ND-CP if the state agency authorized to sign the BOT, BTO, BT, or PPP contract is also the state agency in charge of construction; consider deciding the changes in the technical standards in comparison with the feasibility study report;

c) Supervise and assess the fulfillment of obligations of the investor and the project management enterprise to meet the planning, targets, scales, technical standards, construction quality, schedule for mobilizing capital and executing the project, environment protection, and other issues according to contractual agreements. Inspect the  commissioning process carried out by the project management enterprise in accordance with the Decree No. 15/2013/ND-CP if the state agency authorized to sign the BOT, BTO, BT, or PPP contract is also the state agency in charge of construction;

d) Assess the quality, value, and condition of the work in accordance with the project contract; compiling the manifest of transfer assets, identify damage (if any), and request the project management enterprise to carry out repairs and maintenance;

dd) Only accept transfer after the work, equipment, and assets related to the construction has been maintained, repaired, meet the technical requirements and quality agreed in the project contract;

e) Cooperate with the project management enterprise compiling the work transfer contract as the basis for the work transfer;

g) Organize the management and operation of the work within their competence, or delegate the management to the investor as agreed in the project contract after receiving the work.

3. The responsibilities of the project management enterprise and the state agency authorized to sign the BOT, BTO, BT, or PPP contract must be specified in the project contract.

Article 6. Technical instructions

1. Formulating and approving technical instructions:

a) The investor shall formulate and approve technical instructions for on the works specified in Clause 3 Article 7 of the Decree No. 15/2013/ND-CP;

b) During the construction and where necessary, building contractors may request the investor to approve detailed technical instructions;

c) The technical instructions on the building works under EPC and EC contracts shall be provided based on the requirements of the investors.

d) For the building works on which the technical instructions are not obligatory, the contents of technical instructions shall be included in the description of the design, construction drawing, and the construction quality control procedure.

2. Technical instructions on a building work include general instructions and specific technical instructions for each primary building task. Technical instructions must specify the technical requirements, the building tolerances, technical requirements and procedure for inspecting building materials, products, building equipment and technological equipment used for and installed on the construction, regulations on the supervision,  and commissioning of building works.

3. Advisory contractors shall provide technical instructions for each particular building work based on the sample technical instructions of the Ministry of Construction and the Ministries in charge of specialized works or professional association.

Article 7. Classification of building works in Clause 2 Article 6 of the Decree No. 15/2013/ND-CP

1. The classes of building works in this Circular are the basis for:

a) Identifying the building works that need technical instructions;

b) Stipulating the announcement of capacities of organizations and individuals involved in the construction;

c) Identifying the building works that must have their designs inspected state agencies in charge of construction, and must undergo commissioning before inauguration;

d) Classification of accidents and resolution of accidents during building process;

dd) Deciding construction warranty duration;

e) Stipulating relevant tasks.

2. Building works are classified in the order below:

a) The scale, productivity, and importance of the construction, according to Appendix 1 of this Circular;

b) The requirements for the durability, fire resistance level, and other technical requirements of the construction in relevant National Technical Regulation (if any);

c) The class of a building work is the highest class identified in accordance with Point a and Point b of this Clause.

3. Each building work and work item of a project shall be classified independently.