Chapter IV
STATE MANAGEMENT OF CONSTRUCTION QUALITY
Article 32. Periodic and unscheduled inspections carried out by state agencies in charge of construction
1. Planning periodic inspections:
a) Specialized agencies affiliated to the Ministry of Construction shall plan the periodic inspections of construction quality of the Ministries, agencies and local governments; periodic inspections of quality management and construction quality nationwide;
b) Specialized agencies affiliated to the Ministries in charge of specialized works shall plan the inspections of quality of specialized works, inspection of the quality management and quality of specialized works nationwide;
c) Services of Construction shall plan the periodic inspections of quality of specialized constructions of the Services in charge of specialized constructions, quality of building works under the management of the People’s Committees of districts and the local building works;
d) Services of Construction shall plan the periodic inspections of quality of specialized constructions of the Services in charge of specialized constructions, quality of building works under the management of the People’s Committees of districts and the local building works;
dd) The Ministries in charge of specialized works, Services of Construction shall send the plans for the periodic inspections to the Ministry of Construction.
2. Contents of a periodic inspection:
a) Inspecting the conformity with legislation on construction quality management;
b) Inspecting the quality of construction parts visually and by results of testing, measurements, observations, and examinations (if any);
c) Other issues in accordance with legislation on management of construction investment.
3. Unscheduled inspections of quality management and construction quality:
a) Unscheduled inspections shall be carried out at the request of the Government, Ministers, ministerial agencies, Presidents of the People’s Committees, or when receiving feedbacks from citizens or the media;
b) A group of works shall be inspected when they are suspected of inferior quality or violating the regulations on quality management.
Article 33. Reporting the construction quality and quality management
1. The People’s Committees of provinces shall send annual or unscheduled reports on the quality and quality management of local building works to the Ministry of Construction before December 15 every year using the form in Appendix 6 to this Circular.
2. The Ministry of National Defense, the Ministry of Public Security, and the Ministries in charge of specialized works shall send annual reports on the quality and quality management of the building works under the management to the Ministry of Construction before December 15 using the form in Appendix 7 to this Circular.
3. Other Ministries and agencies shall send annual reports on the quality and quality management of the building works under their management to the Ministry of Construction before December 15 using the form in Appendix 8 to this Circular.
4. Services of Construction, Services in charge of specialized works, and the People’s Committees of districts shall send periodic and unscheduled reports on the quality and quality management of local building works to the People’s Committees of provinces.
Article 34. Penalties for violations against regulations on construction quality management
1. When the entities participating in the construction are found committing violations, according to Article 24 and Article 32 of this Circular, the state agencies in charge of construction shall:
a) Request relevant organizations and individuals to stop the violations;
b) Suggest penalties for such violations in accordance with legislation on penalties for administrative violations to the Inspectorate of the Ministry of Construction and the Inspectorate of the Service of Construction where the work is built. The inspectorate shall handle the cases in accordance with law and notify the result to the state agencies in charge of construction;
c) Announce the names of violators and their violations on the websites of the Ministry of Construction, the Ministries in charge of specialized works, and the Service of Construction where the work is built.
2. Suspending the construction process:
a) Heads of specialized departments of the Ministry of Construction and the Ministries in charge of specialized works are entitled to suspend the construction process in the cases mentioned in Clause 2 Article 46 of the Decree No. 15/2013/ND-CP.
Within 24 hours since the decision to suspend the construction process is made, the heads of aforesaid agencies shall report the decision to the Ministry of Construction and the Ministries in charge of specialized works;
b) Directors of Services of Construction and Services in charge of specialized works are entitled to suspend the construction process in the cases mentioned in Clause 2 Article 46 of the Decree No. 15/2013/ND-CP.
Within 24 hours since the decision to suspend the construction process is made, the heads of aforesaid agencies shall report the decision to the People’s Committees of provinces.
c) Heads of the agencies that decide to suspend the construction process in Point a and Point b of this Clause shall inspect the rectification carried out by investors and contractors, and allow them to resume the construction process after the defects are rectified and safety are ensured.
Tìm kiếm
Thông tư 10/2013/TT-BXD (Bản Word)
Thông tư 10/2013/TT-BXD (Bản Pdf)