Circular No. 05/2009/TT-BTNMT guiding inspection, examination, and acceptance of land works and products.

CIRCULAR

Guidelines for inspection, examination, and acceptance of works and land administration products

 land administration products

 _________

Based on the Land Law dated November 26, 2003;

Pursuant to Decree No. 12/2002/NĐ-CP dated January 22, 2002 of the Government on surveying and mapping activities;

Pursuant to Decree No. 25/2008/NĐ-CP dated March 4, 2008 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Natural Resources and Environment;

To ensure construction progress and to strengthen the work of inspecting, examining, and accepting the quality and quantity of land administration works and products, the Ministry of Natural Resources and Environment provides the following guidelines:

I. GENERAL PROVISIONS

1. Scope of Regulation and Applicability

1.1. This Circular stipulates the contents, methods, levels, and responsibilities for inspecting construction progress; inspecting, examining, and accepting the quality and quantity of each stage, component, or the entire land administration work or product (hereinafter referred to as inspection, examination, and acceptance of land administration works and products), including:

a) Establishing land administration grids; measuring and drawing, revising land administration maps; extracting land administration measurements; digitizing land administration maps;

b) Establishing, supplementing, and revising land administration books, land registration books, land change tracking books, and copies of land use right certificates; extracting land administration data;

c) Land administration databases;

d) Land statistics and inventory; preparing current land use status maps.

1.2. This Circular applies to state management agencies, organizations, and individuals involved in land administration works and products.

2. Purpose of Inspection, Examination, and Acceptance of Quality and Quantity of Land Administration Works and Products

2.1. Ensuring compliance with standards, regulations, norms, procedures, technical rules, economic-technical norms, and other regulatory legal documents related to construction, inspection, examination, and acceptance of land administration works and products; avoiding duplication, omissions, or errors.

2.2. Identifying mistakes and violations during implementation to promptly address, correct, or eliminate products that do not meet quality requirements.

2.3. Confirming the quality and quantity of each stage, component, or the entire completed land administration work or product.

3. Principles for Inspecting Construction Progress, Inspection, Examination, and Acceptance of Quality and Quantity of Land Administration Works and Products

3.1. The inspection of construction progress, inspection, examination, and acceptance of quality and quantity of land administration works and products must be conducted regularly throughout the implementation process; plans for inspection, examination, and acceptance must be established based on the construction progress of each stage and each component of the land administration work or product.

3.2. Organizations and individuals constructing (collectively referred to as the construction unit) land administration works and products must self-inspect and accept the quality and quantity of all stages and components of the works and products before the competent authority conducts inspections and accepts them.

3.3. The project sponsor shall base on the approved project components to inspect construction progress; examine and inspect the quality and quantity of land administration works and products during construction; inspect, examine, and accept the quality and quantity of each stage, each component, or the entire completed land administration work or product.

3.4. The investment decision-making agency must review the acceptance files; determine the works and products requiring quality and quantity inspection and examination when making investment decisions and notify the central land management agency.

3.5. The central land management agency shall inspect and examine land statistics and inventory works and products, current land use status maps implemented by provinces and centrally-administered cities (collectively referred to as provinces) and ministries and sectors; for other works and products, it shall determine the works and products requiring inspection based on the notification from the investment decision-making agency and report back to the investment decision-making agency.

4. Legal Basis for Inspecting Construction Progress, Inspection, Examination, and Acceptance of Quality and Quantity of Land Administration Works and Products

4.1. Standards, regulations, norms, procedures, technical rules, economic-technical norms, and other regulatory legal documents related to land administration works and products issued by competent state agencies.

4.2. Decisions approving Projects, Technical Designs - Budget Estimates of land administration works by competent authorities and Projects, Technical Designs - Budget Estimates of land administration works attached to approval decisions by competent state agencies.

5. State Management Agency for Inspection, Examination, and Acceptance of Quality and Quantity of Land Administration Works and Products

5.1. The Ministry of Natural Resources and Environment shall uniformly manage state affairs regarding the inspection of construction progress, inspection, examination, and acceptance of quality and quantity of each part, each stage, or the entire land administration work or product; issue regulatory legal documents and technical documents concerning the inspection of construction progress, inspection, examination, and acceptance of quality and quantity of land administration works and products; direct, guide, and inspect localities and ministries and sectors in implementing the inspection of construction progress, inspection, examination, and acceptance of quality and quantity of land administration works and products; decide to suspend construction, revoke partially or entirely construction works or products that do not comply with approved projects, technical designs - budget estimates or seriously violate standards, regulations, norms, procedures, technical rules, economic-technical norms, and other regulatory legal documents related to land administration works and products issued by competent state agencies.

5.2. The Land Management General Department under the Ministry of Natural Resources and Environment assists the Minister of Natural Resources and Environment in uniformly managing state administration over the inspection of construction progress, inspection, examination, and acceptance of quality and quantity of cadastral works and products in parts, stages, or the entire project; preparing normative legal documents and technical documents regarding the inspection of construction progress, inspection, examination, and acceptance of quality and quantity of cadastral works and products to be submitted to the Minister for issuance; issuing guidance documents on inspection, examination, and acceptance of quality and quantity of cadastral works and products; guiding and inspecting the project owners under the Ministry, other Ministries and sectors, and local land management agencies in implementing the inspection of construction progress, inspection, examination, and acceptance of quality and quantity of cadastral works and products; reporting to the Minister on decisions to suspend construction, cancel part or all of the works and products that do not comply with the Project, Technical Design - budget approved or seriously violate standards, regulations, norms, procedures, technical regulations, economic and technical norms, and other normative legal documents issued by competent state agencies.

5.3. People's Committees of provinces and centrally-administered cities, Ministries, and sectors shall implement state management over the work of inspecting construction progress, inspection, examination, and acceptance of quality and quantity of cadastral works and products carried out by their respective localities, Ministries, and sectors; deciding to suspend construction, cancel part or all of the works and products that do not comply with the Project, Technical Design - budget approved or seriously violate standards, regulations, norms, procedures, technical regulations, economic and technical norms, and other normative legal documents issued by competent state agencies.

5.4. Departments of Natural Resources and Environment are responsible for guiding project owners within the management scope of provincial People's Committees and district-level land management agencies in implementing the inspection of construction progress, inspection, examination, and acceptance of quality and quantity of cadastral works and products in their respective localities.

6. Responsibilities for inspecting construction progress, inspection, examination, and acceptance of quality and quantity of cadastral works and products

6.1. Responsibilities of central land management agencies

The Ministry of Natural Resources and Environment organizes the implementation of inspections of cadastral works and products; inspection and examination of cadastral statistics, land inventory, and land use status maps prepared by provinces and Ministries and sectors.

The Land Management General Department under the Ministry of Natural Resources and Environment is directly responsible for inspecting, examining the quality and quantity of cadastral statistics, land inventory, and land use status maps prepared by centrally-administered cities, provinces, and Ministries and sectors, and cadastral works and products decided to be invested in or authorized to invest in by the Ministry of Natural Resources and Environment.

For cadastral works and products decided to be invested in or authorized to invest in by the Ministry of Natural Resources and Environment, the inspection, examination, and acceptance shall be implemented according to the provisions of Points 6.3 and 6.4 of Clause 6 herein.

6.2. Responsibilities of provincial and centrally-administered city People's Committees and local land management agencies.

Provincial and centrally-administered city People's Committees organize the implementation of inspections of cadastral works and products carried out by their respective localities and Ministries and sectors on their respective territories.

Departments of Natural Resources and Environment are directly responsible for inspecting, examining the quality and quantity of cadastral works and products carried out by agencies and organizations under provincial People's Committees.

District-level Natural Resources and Environment Offices are directly responsible for inspecting, examining the quality and quantity of cadastral works and products carried out by agencies and organizations under district-level People's Committees.

For cadastral works and products decided to be invested in (or authorized to invest in) by provincial People's Committees, Departments of Natural Resources and Environment, district-level People's Committees, and District-level Natural Resources and Environment Offices, which are project owners and construction units, the inspection, examination, and acceptance shall be implemented according to the provisions of Points 6.3, 6.4, and 6.5 of Clause 6 herein.

6.3. Responsibilities of investment decision-making agencies.

a) Organizing inspection and examination of quality and quantity or authorizing competent agencies to conduct inspection and examination of quality and quantity for cadastral works and products that must be inspected and examined as determined in the investment decision;

b) Organizing examination or authorizing competent agencies to examine completion acceptance documents for completed cadastral works and products;

c) Deciding to resolve technical and technological issues not covered by existing regulations; issues and difficulties arising from changes in technical and technological solutions that increase or decrease the budget estimate by more than five percent (5%) compared to the approved budget estimate; volume increases or decreases exceeding five percent (5%) of the approved volume; volume changes affecting the budget estimate by more than five percent (5%) compared to the approved budget; extension of construction project duration beyond the approved construction schedule;

d) Deciding to suspend construction, cancel part or all of the ongoing construction projects that do not comply with the Project, Technical Design - budget approved or seriously violate standards, regulations, norms, procedures, technical regulations, economic and technical norms, and other normative legal documents issued by competent state agencies;

đ) Approving settlement documents for cadastral works and products.

6.4. Responsibilities of project owners

a) The investor shall use quality product inspection agencies, specialized agencies under their management authority, establish advisory boards, or hire organizations with land administration consulting functions, or hire experts to conduct inspections, appraisals of the quality and quantity of construction works and land products assigned for implementation; they shall be responsible for the quality and quantity of the construction works and land products assigned to them.

b) Decide on resolving technical and technological changes, issues during the construction process; new developments and issues regarding economic-technical norms when changing technical solutions, without increasing or decreasing the budget estimate value by more than five percent (5%) compared to the approved budget estimate value; new developments in quantities without increasing or decreasing the approved quantities by more than five percent (5%).

c) Decide to suspend construction, cancel part or all of the construction works and land products being constructed that do not comply with the Project, Technical Design - Budget Estimate approved, or violate serious standards, regulations, rules, procedures, technical-economic norms, and other regulatory legal documents issued by competent state authorities, and report to the investment decision-making agency.

d) Supervise the quality, quantity, and progress during the construction process of construction works and land products; inspect, appraise, and accept the quality and quantity of assigned land products.

6.5. Responsibilities of the construction unit

a) The construction unit shall use its own specialized technical forces or hire land administration consulting organizations to carry out construction progress inspections, quality and quantity inspections, and appraisals of assigned land products; directly accept the quality and quantity of each stage and each component, and the entire construction work and land product carried out by the unit.

b) Be subject to supervision, inspection, appraisal, and acceptance by the investor; be subject to supervision, inspection, and appraisal of the quality, quantity, and progress of construction works and land products by the investment decision-making agency and relevant state management agencies.

c) In case there are changes in technical solutions, technology, technical design, economic-technical norms, volume of work, and construction progress compared to the approved Project and Technical Design - Budget Estimate, timely report in writing to the investor and only implement after receiving a written response from the investor or the investment decision-making agency.

d) Ensure the quality, quantity, and progress of construction works and land products carried out by the unit; if the construction works and land products do not meet the quality requirements, they must make up for it or redo it at their own expense; be responsible for the quantity and quality of products carried out by the unit.

7. Reporting system during the construction of land products

7.1. The construction unit must submit reports on the quality, quantity, and progress already implemented to the investor before the twentieth day of each month and no later than five (05) working days from the date the construction unit completes each stage, each component, or the entire construction work and land product.

7.2. Regular reporting and the content of regular reports from the investor to the investment decision-making agency are regulated by the investment decision-making agency for each specific construction work and land product. Within no more than five (05) working days from the date of completing the acceptance of each stage, each component of the construction work and land product, and no more than ten (10) working days from the date of completing the acceptance of the entire quantity and quality of the construction work and land product, the investor must submit reports on quality, quantity, progress, and the Acceptance File of the construction work and land product already implemented to the investment decision-making agency.

8. Funding for monitoring construction progress, inspecting, appraising, and accepting the quality and quantity of construction works and land products

8.1. Funding for inspections and appraisals by central land management agencies for construction works and land products implemented by localities and other ministries and sectors, and funding for inspections and appraisals of construction works and land products by the investment decision-making agency according to current regulations.

8.2. Funding for monitoring, inspecting construction progress, inspecting, appraising, and accepting the quality and quantity of construction works and land products carried out by the investor is determined within the total budget estimate of the construction work and land product according to current regulations.

8.3. Funding for inspecting construction progress, inspecting, and accepting the quality and quantity of construction works and land products carried out by the construction unit is included in the budget estimate unit price of the construction work and land product according to current regulations.

II. CONTENT, METHODS, AND LEVELS OF INSPECTION, APPRAISAL, AND ACCEPTANCE OF THE QUALITY AND QUANTITY OF CONSTRUCTION WORKS AND LAND PRODUCTS

1. Establishing plans for inspecting, appraising, and accepting the quality and quantity of construction works and land products

1.1. The construction unit shall establish a plan for inspecting and accepting the quality and quantity of construction works and land products and submit it to the investor before construction; organize implementation strictly according to the established plan.

1.2. The investor shall establish a plan for monitoring construction progress, inspecting, appraising, and accepting the quality and quantity of construction works and land products consistent with the approved construction progress of the construction work and land product and consistent with the inspection and acceptance plan of the construction unit; notify the construction unit and the investment decision-making agency of this plan within no more than ten (10) working days from the date of receipt of the inspection and acceptance plan of the construction unit; organize implementation strictly according to the established plan.

1.3. The investment decision-making agency shall establish a plan for inspecting and appraising construction works and land products and notify the investor ten (10) working days prior to the planned inspection and appraisal date; organize implementation strictly according to the notified plan.

1.4. The central land management agency shall develop a plan for inspection, evaluation, and notify the investment decision-making agency and the project investor thereof at least fifteen (15) working days prior to the planned date of inspection and evaluation; and implement strictly according to the announced plan.

2. Content and extent of inspection and evaluation serving the acceptance of quality and quantity of construction works and cadastral products.

2.1. The content and extent of inspection and evaluation by the construction unit and the project investor serving the acceptance of quality and quantity of construction works and cadastral products include items detailed in Appendix 01 issued together with this Circular.

2.2. The content and extent of inspection and evaluation by the investment decision-making agency and the central land management agency on the quality and quantity of construction works and cadastral products shall be determined by these agencies for each specific construction work and cadastral product.

3. Methods for inspecting progress of construction, inspecting and evaluating quality and quantity of construction works and cadastral products.

3.1. Methods for inspecting during the construction process of construction works and cadastral products include:

a) Repeating certain contents of work carried out by the construction unit in each stage and item of the construction work and cadastral product to assess quality against standards, regulations, norms, procedures, technical and economic provisions, and the content of the Project and Technical Design - Estimate approved.

b) Checking information within each product and between products to ensure completeness and consistency of information in the product.

3.2. Methods for evaluating quality for each stage, each item or the entire construction work and cadastral product that has been completed;

a) For construction works and cadastral products implemented using a single technological method, quality will be evaluated based on repeating part of the work in each stage and item of the construction work and cadastral product.

b) For construction works and cadastral products implemented using different technological methods, quality will be evaluated based on repeating part of the work in each stage and item of the construction work and cadastral product using a different technological method from the one used in construction.

c) In cases where it is possible to evaluate the final quality of the construction work and cadastral product, the project investor must specify the evaluation method and plan in the Project and Technical Design - Estimate of the construction work.

d) Evaluation of product quality for each stage and item of the construction work and cadastral product is based on analyzing quality inspection records, technical summary reports, quality inspection and acceptance reports of the construction unit; quality inspection records during construction by the project investor; results of inspection and evaluation by the project investor; reports by the construction unit on corrections made according to the investor's requirements and confirmation documents of product corrections by the project investor.

đ) Assessing the appearance of each item of the product against the requirements of the Project and Technical Design - Estimate of the construction work already approved.

3.3. Methods for inspecting and evaluating the quantity of construction works and cadastral products are conducted through statistical methods for each stage and item of the construction work and cadastral product that have met quality requirements and those that have not met quality requirements compared to the Project and Technical Design - Estimate of the construction work already approved.

4. Acceptance of construction works and cadastral products.

4.1. The construction unit bases its acceptance of construction works and cadastral products on the results of inspections and evaluations during the implementation of construction items and products, according to the following main contents:

a) Determining the total quantity completed and meeting technical quality requirements as recorded in the contract or task assignment document.

b) Evaluating the level of difficulty for each item of work in the construction work and product.

c) Evaluating the degree of completion compared to the contract or task assignment document.

4.2. The project investor bases its acceptance of construction works and cadastral products on the results of inspections and evaluations during the implementation of construction items and products, according to the following main contents:

a) Determining the total quantity completed and meeting technical quality requirements compared to the Project and Technical Design - Estimate already approved.

b) Evaluating the level of difficulty for each item of work in the construction work and product compared to the Project and Technical Design - Estimate already approved.

c) Determining the rate and unit price of the construction work and product that has been accepted and meets quality requirements.

4.3. In cases where there are changes in technical methods, technology, or volume of work compared to the Project and Technical Design - Estimate already approved, the project investor shall consider, handle, and accept the construction work and product as follows:

a) If there is a document agreeing to adjustment from the competent authority, acceptance shall be carried out according to the provisions of point 4.2, Clause 4, Section II hereof.

b) If there is no document approving adjustment from the competent authority, it must be resolved within the authority or reported to the investment decision-making agency for resolution.

5. Procedures and formalities for inspecting, evaluating, and accepting construction works and cadastral products.

5.1. During the technical inspection, quality inspection, and construction progress inspection of construction works and cadastral products, the inspector hired by the project investor or consulting agency or individual (the consulting agency or individual hired must have a license for surveying and mapping activities, including activities related to quality inspection of construction cadastral products) must prepare an Inspection Opinion Record Form (YKKT Form) for each inspected item according to Model No. 1 (Appendix 02) attached to this Circular. The Inspection Opinion Record Form must be compiled into a file and kept by the project investor's agency for a period of five (05) years from the date of settlement of the construction work and cadastral product.

Upon completion of inspection for each stage and item of the project, product, the inspector must prepare a Quality Inspection Report for completed products according to Model No. 2 (Annex 02) issued together with this Circular. The Quality Inspection Report for completed products prepared by the inspector for the construction unit shall be made in three (03) copies; one (01) copy to be included in the acceptance file, one (01) copy to be sent to the construction unit, and one (01) copy to be kept at the inspecting agency.

Based on the Inspection Report and the Quality Inspection Report for completed products prepared by the inspector and the inspecting agency, the investor shall prepare a Quality and Quantity Acceptance Report for project stages and products according to Model No. 6a (Annex 02) or prepare an Acceptance Report for the entire project according to Model No. 6b (Annex 02) issued together with this Circular.

The Quality and Quantity Acceptance Report for projects and products (or project stages and products) shall be made in five (05) copies; one (01) copy to be included in the acceptance file, one (01) copy to be sent to the construction unit, one (01) copy to be kept at the inspecting agency, and two (02) copies to be kept at the investor's agency.

5.2. In cases where the investor hires experts or consulting agencies to conduct inspections (collectively referred to as the inspecting agency), after completing the quality inspection and quantity determination of the products, the inspecting agency must prepare a Quality and Quantity Inspection Report for completed construction products according to Model No. 5 (Annex 02) issued together with this Circular. In such cases, the investor must report specifically in the Construction Supervision and Quality Management Report for the project according to Model No. 7a (Annex 02) issued together with this Circular.

In cases where the investor uses their own quality inspection agency or specialized department, establishes an advisory council, or forms a group to inspect and assess the quality of projects and products and determine the quantities that meet the specified requirements, they must prepare a Construction Supervision and Quality Management Report for projects and products according to Model No. 7b (Annex 02) issued together with this Circular without having to prepare a report according to Model No. 5 (Annex 02).

5.3. The procedures and formalities for inspections and acceptances by the construction unit shall be self-regulated by the construction unit. Upon completion of the project or product, the construction unit must prepare an acceptance file for the project or product. The acceptance file of the construction unit shall be made in two (02) sets; one (01) set to be sent to the investor, and one (01) set to be kept at the construction unit. The acceptance file includes:

a) A letter requesting the investor to accept the project or product;

b) A technical summary report prepared according to Model No. 3 (Annex 02) issued together with this Circular;

c) A quality and quantity inspection and acceptance report for the construction of the project or product prepared by the construction unit according to Model No. 4 (Annex 02) issued together with this Circular;

d) A report on any changes, issues related to technology; economic and technical norms; quantities and other matters (if any) compared to the contract or Project, Technical Design – Budget already approved and the approval document for those changes and issues resolved by the competent authority;

đ) A Quality Inspection Report for products according to Model No. 2 (Annex 02).

If only one (or some parts) of the project or one (or some stages) of the project has been completed and needs to be accepted, the construction unit must also prepare an acceptance file similar to the acceptance file stipulated in point 5.3 but only related to the completed product part.

5.4. After receiving a valid acceptance file from the construction unit for the project or product, within no more than five (05) working days, the investor (or the investor transfers the construction unit's acceptance file to the inspecting agency) shall organize the acceptance of the project or product according to the contents stated in points 5.1 and 5.2 of this Article; the acceptance result shall be recorded in an Acceptance Completion Report for the project or product according to Model No. 6b (Annex 02) or according to Model No. 6a – Annex 02 (for partial or stage acceptance) issued together with this Circular.

5.5. Upon completion of the acceptance, the investor must prepare an Acceptance File for the project or product; the investor's acceptance file shall be made in five (05) sets: two (02) sets to be kept at the investor, one (01) set to be sent to the construction unit, one (01) set to be submitted along with the product, and one (01) set to be sent to the investment decision-making agency. The acceptance file includes:

a) Decision approving the Project (if applicable); Decision approving the Technical Design – Budget; assignment document of the investment decision-making agency (if applicable);

b) Construction Contract or assignment document for construction tasks;

c) Technical Summary Report of the construction unit prepared according to Model No. 3 (Annex 02) issued together with this Circular;

d) Quality and Quantity Inspection and Acceptance Report for projects and products prepared by the construction unit according to Model No. 4 (Annex 02) issued together with this Circular;

đ) Quality Inspection Report for projects and products prepared according to Model No. 2 (Annex 02) issued together with this Circular;

e) Quality and Quantity Inspection Report for projects and products prepared by the inspecting agency (if applicable) according to Model No. 5 (Annex 02) issued together with this Circular;

g) Report from the construction unit on rectifying errors as required by the investor (if applicable) and confirmation document of product rectification by the investor (if applicable);

h) Report on changes in quantities and issues resolved compared to the Project, Technical Design – Budget and approval document for those changes and issues resolved by the competent authority;

i) Quality and Quantity Acceptance Report for project stages or the entire project prepared accordingly according to Model No. 6a (Annex 02) or No. 6b (Annex 02) issued together with this Circular;

k) Construction Supervision and Quality Management Report for projects and products prepared according to Model No. 7a (Annex 02) or 7b – Annex 02 (if the investor does not hire an inspecting agency) issued together with this Circular;

l) A quality and quantity confirmation report for completed works and products established according to Model No. 8b (Annex 02) issued together with this Circular.

In cases where only the products of individual parts of the work or individual stages of the work are accepted, after the acceptance process is concluded, the investor must also establish an acceptance file similar to the acceptance file prescribed in Point 5.5 hereof but only related to the completed products and must establish a Quality and Quantity Confirmation Report for completed product stages according to Model No. 8a (Annex 02) issued together with this Circular.

5.6. After receiving the investor's report on quality and quantity, and the valid acceptance file for the work and land administration products, within five (05) working days from the date of receipt of the report and the investor's acceptance file, the investment decision-making agency or the agency authorized by the investment decision-making agency (hereinafter referred to collectively as the investment decision-making agency) shall be responsible for reviewing the file including checking the completeness, rationality, and accuracy of the acceptance file; establishing a Quality and Quantity Confirmation Report for completed works and products according to Model No. 8c (Annex 02) issued together with this Circular to be kept together with the investor's acceptance file. The review period shall not exceed five (05) working days for each file.

After receiving the investor's valid report and acceptance file for the work and land administration products, within fifteen (15) working days from the date of receipt of the valid file, if the investment decision-making agency does not organize the review of the file or does not issue a response, it shall be deemed to agree with the investor's file and shall bear responsibility for the relevant contents.

5.7. For works and land administration products that the investment decision-making agency or the central land management agency has determined require inspection and review of the quality and quantity of the works and products, such inspections and reviews must be carried out strictly according to the plan notified to the investor. After completing the inspection and review of the quality and quantity of the works and land administration products, the relevant parties must establish an Inspection and Review Record of the quality and quantity of the works and land administration products. The content of the record shall be agreed upon by all parties. The Inspection and Review Record of the quality and quantity of the works and land administration products shall be kept in the investor's acceptance file.

If ten (10) working days have passed since the day the investment decision-making agency or the central land management agency plans to organize the inspection and review of the quality and quantity of the works and products without issuing a notice about the time of implementation, it shall be deemed that the inspection and review of the quality and quantity of the works and land administration products will not proceed as planned.

6. Submission of Products and Final Settlement of Works and Products

6.1. The list of products to be submitted includes all products of the project components that have been accepted and confirmed in terms of quantity and quality, and the acceptance file of the works and products.

6.2. The products to be submitted as specified in Point 6.1 of this Clause must be stored at the location designated by the investment decision-making agency.

6.3. After receiving the Quality and Quantity Confirmation Report of the completed works and products from the investment decision-making agency, the investor is responsible for establishing the final settlement file for the works and products. The final settlement file includes:

a) A request for final settlement of the works and products established according to Model No. 9 (Annex 02) issued together with this Circular;

b) The acceptance file of the works and products of the investor;

c) The Inspection and Review Record of the quality and quantity of the works and products of the investment decision-making agency, of the central land management agency (if any);

d) The Quality and Quantity Confirmation Report of the completed works and products from the investment decision-making agency;

e) The Product Submission Record of the construction unit and the Inventory Receipt of the investor.

For works constructed over multiple years, an additional Summary of the total quantity and value of the final settlement of the entire work and product according to Model No. 10 (Annex 02) issued together with this Circular must be established.

The final settlement file for the works and products shall be established in five (05) copies, two (02) copies to be kept by the investor, one (01) copy to be sent to the investment decision-making agency, one (01) copy to be sent to the construction unit, and one (01) copy to be kept with the product.

III. IMPLEMENTATION AND EFFECTIVE DATE

1. Organization of Implementation

The Minister, Heads of Ministries equivalent to Ministries, Heads of Government Agencies; Chairpersons of People's Committees of provinces and centrally-administered cities are responsible for directing units and organizations operating in the field of land management; other units and organizations under their jurisdiction to implement this Circular.

The Department of Land Management under the Ministry of Natural Resources and Environment is responsible for guiding and supervising the implementation of this Circular.

2. Effective Date

This Circular takes effect from July 16, 2009./.