Circular No. 05/2001/TT-BXD guiding the maintenance work of construction projects

CIRCULAR

Guidelines for the maintenance of construction works

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Pursuant to the Government Decree No. 15/CP dated March 4, 1994, stipulating the functions, tasks, powers, and organizational structure of the Ministry of Construction;

Pursuant to the Investment Management and Construction Regulations issued together with Government Decrees No. 52/1999/NĐ-CP dated July 8, 1999, and No. 12/2000/NĐ-CP dated May 5, 2000;

To ensure the quality and safety of construction works during operation, exploitation, and use, the Ministry of Construction hereby provides guidelines for the maintenance of construction works as follows:

Part 1:

GENERAL PROVISIONS

1. Object and scope of application:

1.1. All construction works funded from any source and under any form of ownership must comply with the maintenance regulations set forth in this Circular.

1.2. Construction works shall apply the Quality Management Regulations for Construction Works issued together with Decision No. 17/2000/QĐ-BXD dated August 2, 2000, of the Minister of Construction. In cases where the initial function of the work is changed with the approval of the competent authority, the consulting design unit must establish a maintenance procedure for the work.

1.3. For construction works currently in use or those that have exceeded their designed service life but are allowed to continue operation by the competent authority, the owner or user manager must engage a consulting unit with the capability to assess the current quality status to establish a maintenance procedure.

2. Explanation of Terms:

2.1. Construction works: are products of construction technology attached to land, formed from building materials through the use of construction equipment and labor. Construction works can be individual components or multiple components within a complete integrated production process.

2.2. Maintenance of construction works: is a mandatory activity under the law for the owner or user manager of the works aimed at ensuring that the parts and components of the works continue to perform their designated functions.

2.3. Maintenance procedure for construction works: is the sequence of necessary actions taken to restore the quality of the parts and components of the works so that they can continue to fulfill their required functions.

2.4. Maintenance activities for construction works: are the tasks that need to be carried out within the maintenance procedure to complete the maintenance of the works.

2.5. Assessment of the degree of deterioration of construction works: is the evaluation of the current quality status of the works compared to the original design, taking into account the consequences of various impacts during operation, exploitation, and use of the works, including:

2.5.1. The impact of natural factors;

2.5.2. The impact of activities during operation, exploitation, and use of the works;

2.5.3. The influence of unforeseen factors or risks arising from the design unit;

2.6. Major repair of construction works: is the work carried out when there is damage or deterioration in many parts of the works to restore the original quality of the works.

2.7. Intermediate repair of construction works: is the work carried out when there is damage or deterioration in some parts of the works to restore the original quality of those parts.

2.8. Minor repair of construction works: is the work carried out when there is damage in some details of the parts of the works to restore the original quality of those details.

2.9. Routine maintenance and upkeep of construction works: is the regular inspection and handling work conducted to prevent damage to each detail and part of the works.

3. Provisions on levels of maintenance for construction works:

3.1. Maintenance of construction works is divided into four levels as follows:

3.1.1. Routine maintenance and upkeep;

3.1.2. Minor repair;

3.1.3. Intermediate repair;

3.1.4. Major repair.

3.2. The content of implementation for each level of maintenance of specialized construction works with special requirements is specified by the relevant ministry.

3.3. The timing of the first cycle of maintenance work is defined as follows:

3.3.1. For construction works mentioned in Clause 1.2, Section 1, Part I of this Circular, it is the completion date of the acceptance and commissioning of the works for operation, exploitation, and use.

3.3.2. For construction works mentioned in Clause 1.3, Section 1, Part I of this Circular, it is the time after the assessment of the degree of deterioration of the works and the establishment of the maintenance procedure.

4. Responsibilities for organizing the implementation of maintenance work for construction works.

4.1. Based on Clauses 1.2 and 1.3, Section 1, Part I of this Circular, the owner or user manager of the works has the responsibility to organize the implementation of maintenance work according to the following steps:

4.1.1. Preparation for maintenance work;

4.1.2. Implementation of maintenance work;

4.1.3. Completion of maintenance work.

4.2. The owner or user manager of the works must prepare plans and organize the implementation of maintenance work at the routine maintenance and minor repair levels.

4.3. Maintenance work at the intermediate and major repair levels shall be carried out according to contracts signed between the owner or user manager of the works and legal entities with sufficient capacity and experience.

5. Sources of funds for maintenance work for construction works:

5.1. Construction works belonging to units benefiting from the State budget or managed and used by enterprises, economic organizations, and political-social organizations shall implement maintenance work in accordance with the regulations of the Ministry of Finance.

5.2. Construction works managed and used by private households must prepare their own funds for maintenance work based on the level of maintenance required.

5.3. The sources of funds for maintenance work at the intermediate and major repair levels shall be determined according to projects and the management and use of funds shall be carried out in accordance with the Investment Management and Construction Regulations issued together with Government Decrees No. 52/1999/NĐ-CP dated July 8, 1999, and No. 12/2000/NĐ-CP dated May 5, 2000.

5.4. Annually, the owner or user manager of the works must inspect and evaluate the current usage status of the works to prepare plans for routine maintenance, upkeep, and minor repairs.

Part II:

CONTENTS OF MAINTENANCE WORK FOR CONSTRUCTION WORKS

1. The contents of maintenance work for construction works are detailed according to each specialty, but must meet the following main requirements:

1.1. Maintenance of construction works aims to maintain technical characteristics, aesthetics, and functionality during operation, exploitation, and use, consistent with the grade of the works and the designed service life.

1.2. Content requirements for construction works maintenance activities.

1.2.1. Regarding the content of construction works maintenance activities, it includes:

a. Organizing surveys and assessments to evaluate the current status;

b. Determining the extent of damage to individual components of the construction works;

c. Determining the maintenance level;

d. Establishing procedures for each maintenance level of the construction works and corresponding investment levels;

e. Financial resources for implementing maintenance activities on construction works.

The content of maintenance activities must clearly specify the necessary components that need maintenance; usage conditions and standards, organizational methods, anticipated implementation schedules; safety measures for equipment and personnel during the execution of maintenance activities.

The content of maintenance activities does not include regular cleaning inside and outside the construction works, repairs, additions, or upgrades beyond the initial functions without authorization from competent authorities.

1.2.2. Determining the safety level of construction works. The evaluation of the current quality status of construction works is defined according to five levels of quality deterioration as follows:

a. Good: Construction works quality ensures operation, exploitation, and use; has not deteriorated and maintains its original quality state.

b. Meets requirements: Construction works quality ensures operation, exploitation, and use, but shows minor damage in some parts.

c. Does not meet requirements: Construction works quality has deteriorated, with damage in several parts.

d. Dilapidated: Construction works quality has severely deteriorated, with widespread damage in multiple parts.

e. Not usable: Construction works quality has critically deteriorated, requiring demolition.

1.2.3. Establishing procedures for each maintenance level of construction works requires clarifying the following requirements:

a. Functions and operational standards of construction works.

b. Reasons why construction works fail to meet functional and operational standards.

c. Remedial measures (selecting maintenance levels and corresponding maintenance content).

d. Requirements for periodic survey systems and measures to prevent accidents or deterioration in construction works quality.

2. Ministries responsible for specialized construction works shall be responsible for issuing methods to determine quality levels for each type of specialized construction works and technical standards for maintenance of specialized construction works as legal bases for maintenance activities of specialized construction works.

Part 3:

DOCUMENTS SUPPORTING CONSTRUCTION WORKS MAINTENANCE ACTIVITIES

Documents serving as the basis for the implementation of maintenance activities on construction works include:

1. Design documents of construction works approved by competent authorities according to the content in Appendix 1 of the construction works quality management regulations issued together with Decision No. 17/2000/QĐ-BXD dated August 2, 2000, of the Minister of Construction, or according to the regulations of ministries responsible for specialized construction works if they are specialized construction works with special requirements;

2. Completion documents and technical materials used for designing, manufacturing, producing materials, supplies, and equipment for construction works;

3. Operation or usage logs of construction works;

4. Approved procedures including: maintenance procedures of the design unit of construction works, technical operation and maintenance procedures of the design technology unit, and operation and maintenance procedures of the manufacturer's design;

5. Reports evaluating the current quality status of construction works that have not established maintenance procedures;

6. Plans, schedules for implementing maintenance activities, and measures to ensure safety for people, equipment, and the environment when simultaneously operating, exploiting, using, and performing maintenance activities on construction works.

7. Contracts between the owner or manager of construction works and consulting units establishing maintenance procedures and contractors executing maintenance activities on construction works.

Part 4:

ACCEPTANCE AND WARRANTY FOR CONSTRUCTION WORKS MAINTENANCE ACTIVITIES

1. The owner or manager of construction works must organize acceptance of maintenance work according to the content of the contract signed with the maintenance contractor.

2. Warranty for construction works maintenance activities is stipulated as follows:

2.1. The maintenance contractor must provide warranty for maintenance work performed by the unit for three months for routine maintenance, repair, and minor repairs. For medium and major repairs, the warranty period is implemented according to Article 54 of the Investment and Construction Management Regulations issued together with Decree No. 52/1999/NĐ-CP dated July 8, 1999, and Decree No. 12/2000/NĐ-CP dated May 5, 2000, of the Government.

2.2. The start date for implementing the warranty for maintenance work is the date of signing the completion acceptance certificate for the completed maintenance work.

Part 5:

IMPLEMENTING PROVISIONS

This Circular takes effect 15 days from the date of signature.

2. The ministries, agencies at the ministerial level, provincial People's Committees under the central government, central agencies of social organizations, state-owned holding companies, and related organizations and individuals shall be responsible for implementing this Circular.

3. In the course of implementation, if there are any difficulties, they are requested to report them in writing to the Ministry of Construction for study and resolution.