Circular No. 02/2006/TT-BXD guiding the storage of design files and completion drawings for construction projects

CIRCULAR

Guidelines for storing design files and completion drawings of construction projects

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Pursuant to the Construction Law No. 16/2003/QH11 dated November 26, 2003;

Based on the National Archives Law No. 34/2001/PL-UBTVQH10 dated April 4, 2001;

Based on Decree No. 36/2003/NĐ-CP dated April 4, 2003 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Construction;

Based on Decree No. 16/2005/NĐ-CP dated February 7, 2005 of the Government on Project Management for Construction Investment;

Based on Decree No. 209/2004/NĐ-CP dated December 16, 2004 of the Government on Quality Management of Construction Projects;

Based on Decree No. 111/2004/NĐ-CP dated April 8, 2004 of the Government detailing the implementation of certain provisions of the National Archives Law.

The Ministry of Construction provides guidelines for storing design files and completion drawings of construction projects as follows:

I. GENERAL PROVISIONS

1) Purpose of storing design files and completion drawings of construction projects: Design files and completion drawings of construction projects are stored to serve management work; research; maintenance of the project; inspection and appraisal of the project when there is a technical incident or upon request; resolution of disputes arising from the project.

2) Scope of regulation and subjects of application: This Circular stipulates the storage of design files and completion drawings of new construction projects, renovation, repair, upgrading, regardless of investment capital sources and ownership forms. The project investor or owner or manager, design contractor, construction contractor, state management agency for construction, national archives agency shall implement the storage of design files and completion drawings of construction projects according to the provisions of this Circular.

3) Storage period: - For the project investor or owner or manager, state management agency for construction, national archives agency, design files and completion drawings of construction projects are stored for the life span of the project.

Specifically, for the following construction projects, completion drawings must be stored nationally with a permanent storage period: Projects of significant historical, political, economic, cultural, scientific and technological, defense, and security importance decided by the Prime Minister for investment; projects that must undergo architectural design competitions at level I or special level; projects of exceptional cultural value listed. - For design contractors and construction contractors, the storage period for design files and completion drawings of construction projects is ten years from the end of the warranty period of the project.

4) In cases where the project investor or owner or manager changes, the design files and completion drawings of construction projects are handed over to the lawful successor for storage. 5) Submission, preservation, exploitation, restoration, and destruction of stored design files and completion drawings of construction projects shall be carried out in accordance with the laws on archives.

II. STORAGE OF DESIGN FILES AND COMPLETION DRAWINGS OF CONSTRUCTION PROJECTS

1) Components of stored files and storage locations

a) For the project investor or owner or manager:

The project investor or owner or manager stores the basic design file, technical design file (in case of three-step design), construction drawing design file, and completion drawings of construction projects. The components of stored files include:

- Description and design drawings, survey results report in the basic design stage, approval document for the basic design, approval document for the feasibility study report (if only a feasibility study report needs to be prepared).

- Description and technical design drawings, survey results report in the technical design stage, technical design review report (if any), approval document for the technical design.

- Description (if any) and construction drawings, survey results report in the construction drawing design stage (if any), construction drawing design review report (if any), approval document for the construction drawing design (in case of two-step design), approval document for the construction drawing design.

- Completion drawings of construction projects established in accordance with Article 27 of Decree No. 209/2004/NĐ-CP dated December 16, 2004 of the Government.

b) For the design contractor:

The design contractor participating in the design of construction projects stores the portion of the design file they have implemented. Specifically, the general design contractor must store the entire design file of the construction project including the basic design file, technical design file (in case of three-step design), construction drawing design file implemented by themselves and subcontractors. The components of stored files include:

- Description and design drawings, survey results report in the basic design stage.

- Description and technical design drawings, survey results report in the technical design stage, calculation documents.

- Description (if any) and construction drawings, survey results report in the construction drawing design stage (if any), calculation documents (in case of two-step design).

c) For the construction contractor:

The construction contractor stores the construction drawing design file and completion drawings of construction projects they have implemented. Specifically, the general construction contractor must store the entire construction drawing design file and completion drawings implemented by themselves and subcontractors. The components of stored files include:

- Description (if any) and construction drawings, survey results report in the construction drawing design stage (if any).

- Completion drawings of construction projects established in accordance with Article 27 of Decree No. 209/2004/NĐ-CP dated December 16, 2004 of the Government.

d) For the state management agency for construction:

- The competent state management agency that issues construction permits retains the design application files for construction permits issued by itself. d) For state archival agencies:

- The national state archival agency retains the completion drawings of construction projects that must be nationally archived according to regulations, with a permanent retention period.

- The provincial state archival agency retains the completion drawings of construction projects of Class II, Class I, and Special Class built within its jurisdiction, except those retained by the national archival agency.

- The district archival agency retains the completion drawings of construction projects of Class IV and Class III built within its jurisdiction.

- For construction projects spanning multiple jurisdictions, if they are part of a project decided on investment by ministries or sectors, the completion drawings shall be archived at the national archival agency; if they are part of a project decided on investment by the Provincial People's Committee, the completion drawings shall be archived at the provincial state archival agency.

- In cases where a project includes multiple construction projects of different classes, the completion drawings of each project shall be archived at the corresponding state archival agency according to the provisions set out in point d, Section 1, Part II of this Circular.

- Construction projects of special cultural value, whose files are currently stored at provincial or district state archival agencies, shall have their files transferred to the national archival agency upon being classified.

- The components of the archival files submitted to the state archival agency shall comply with the guidelines provided in Appendix 02 of this Circular.

2) Form and format of archival files

a) Design files and completion drawings of construction projects submitted for archiving must bear the seals and signatures of the organizations or individuals who prepared them, including the signature of the chief designer and the lead designer (for design files); they must be preserved in A4-sized folders, with folder covers containing information as directed in Appendix 04 of this Circular.

All design drawings must meet the current standards or regulations regarding form and format. Completion drawings must bear the stamp "Completion Drawing" of the construction contractor as directed in Appendix 01 and include a list of drawings as directed in Appendix 03 of this Circular.

b) Documents within the archival files such as project approval documents, economic-technical report approval documents (if only an economic-technical report needs to be prepared), design review documents, design approval documents, project acceptance and handover documents for use... if the original is no longer available, a legally certified copy may replace it.

c) Design files and completion drawings of construction projects can be archived in magnetic tape, floppy disk, or other suitable media, fully reflecting the components and contents of the archival files as stipulated in Section 1, Part II of this Circular.

3) Responsibilities in archiving design files and completion drawings of construction projects

a) For the project investor or owner or manager:

- The project investor, owner, or manager has the responsibility to archive design files and completion drawings of construction projects according to the prescribed retention period; to safely preserve the files according to technical storage standards.

- Within three months from the date of project acceptance and handover for use, the project investor must submit the archival files to the state archival agency specified in point d, Section 1, Part II of this Circular; ensuring the completeness, form, and format of the files; and ensuring the submission procedures comply with the laws on archiving.

The project investor shall be held legally responsible if they fail to submit the archival files to the state archival agency as required; they must also cover any additional costs incurred due to the state archival agency having to collect the files not submitted by the investor within the prescribed timeframe.

- There is no requirement to submit archival files of new construction projects that only need to prepare an economic-technical report; renovation, repair, and upgrade projects that only need to prepare an economic-technical report but do not change the main architectural structure or load-bearing structure; new construction, renovation, repair, and upgrade projects that require a construction permit.

b) For design contractors and construction contractors:

- The design contractor, in addition to retaining the design files prepared by themselves, must submit these files to the general contractor for design to archive.

- The construction contractor, in addition to retaining the completion drawings prepared by themselves, must submit these drawings to the general contractor for construction to archive.

- The general contractor for construction must retain all completion drawings of the construction project, compile completion drawings by specialized fields of the project, and submit them to the project investor for archiving and submission to the state archival agency.

- The design contractor and construction contractor shall be held legally responsible for the authenticity of the design archival files and completion drawings prepared by themselves; they must compensate for damages caused by using unauthentic archival files.

c) For state management agencies on construction:

The state management agency on construction mentioned in point d, Section 1, Part II of this Circular is responsible for safely preserving the basic design files reviewed by itself and the design files for construction permits issued by itself according to technical storage standards.

d) For state archival agencies:

The state archival agency specified in point d, Section 1, Part II of this Circular is responsible for promptly receiving construction project archival files as required, ensuring the retention period and safe preservation of the archival files; providing archival files to organizations and individuals for research and exploitation according to the designated objects and current regulations.

The state archival agency shall be held legally responsible if it fails to accept the construction project archival files submitted by the project investor as required; it must also cover any additional costs incurred due to the investor having to transport and preserve the archival files not accepted by the state archival agency as required.

III. IMPLEMENTATION ORGANIZATION AND EFFECTIVE ENFORCEMENT.

1) The Ministries, ministerial-level agencies, government agencies, People's Committees at all levels shall direct the project investors, owners, managers, design contractors, construction contractors within their scope of responsibility and authority to implement the storage of design files and completion drawings of construction works, and annually send the list of stored design files and completion drawings of construction works to the Ministry of Construction in accordance with Appendix 05 of this Circular for monitoring.

2) The Ministry of Construction shall be the focal point for monitoring, guiding, and inspecting the implementation of the storage of design files and completion drawings of construction works nationwide. The Construction Departments of provinces and centrally-run cities shall be the focal points for monitoring, guiding, and inspecting the implementation of the storage of design files and completion drawings of construction works within their respective jurisdictions.

3) Organizations and individuals violating the regulations on the storage of design files and completion drawings of construction works stipulated in this Circular shall be subject to administrative handling and penalties according to the provisions of the Law depending on the nature and extent of the violation. 4) This Circular shall take effect fifteen days from the date of publication in the Official Gazette.

4) This Circular shall take effect fifteen days from the date of publication in the Official Gazette.

During the implementation process, it is requested that ministries, sectors, localities, related organizations, and individuals report any difficulties to the Ministry of Construction for research and resolution./.