Circular No. 05/2015/TT-BXD on management of construction quality and maintenance of individual houses

CIRCULAR

Provisions on the management of construction quality and maintenance of individual housing lBased on the Law on Housing No. 65/2013/QL-CP dated November 25, 2013

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Article 1. This Circular guides the preliminary selection of projects; preparation, review, and approval of project proposals; preparation, review, and approval of feasibility study reports for public-private partnership investment projects within the scope regulated by Article 1 of Decree No. 15/2015/NĐ-CP dated February 14, 2015 of the Government on public-private partnership investment.14/QH13;

Based on Decree No. 46/2015/ND-CP dated May 12, 2015 on construction quality and maintenance of construction works;14/QH13;

Pursuant to DecreeNo. 62/201Based on Decree No. 59/2015/ND-CP dated June 18, 2015 on project investment construction management;June 2024;-CP of the Government dated February 1, 2024, stipulating high-tech zones;amend1. During the period when Circular No. 08/2022/TT-BKHĐT and Circular No. 10/2022/TT-BKHĐT are suspended, the following legal documents and regulations continue to be effective:1Pursuant to Decree No. 79/2014/ND-CP dated July 31, 2014 of the Government detailing certain provisions of the Law on Prevention of Natural Disasters;

At the proposal of the Director of the Department of State Management of Construction Quality of Construction Works,June 2024;The Minister of Construction issues this Circular to regulate the management of construction quality and maintenance of individual housing.1This Circular regulates the management of construction quality and maintenance of individual housing.- Government;and reason This Circular applies to organizations, households, and individuals related to the construction and maintenance of individual housing within the territory of Vietnam.

Pursuant to DecreeNo. Individual housingJune 2024;(hereinafter referred to as housing) is a construction work built within the land plot under the use right of households or individuals according to the provisions of the law."b) In addition to the lists of public services issued according to the provisions of Clause 2, Article 4 of this Decree, specialized agencies under provincial People's Committees shall report to the provincial People's Committee for decision-making on amending, supplementing, or issuing the list of public services funded by the state budget within their jurisdiction and consistent with the local budget capacity within the approved budget by the Provincial People's Assembly, and send it to the Ministry of Finance and relevant ministries and sectors for supervision during implementation."and lAdjacent construction

is a construction located adjacent to the housing being constructed, sharing or not sharing structural parts (foundation, column, wall, floor, roof) with the housing being constructed.June 2024;Nearby construction lrefers to constructions near the location of housing construction that may be affected by subsidence, deformation, or other damages caused by housing construction.

Housing owner lis an organization or individual owning capital to carry out housing construction investment activities. lArticle 3. Basic principles in managing construction quality and maintenance of housing

Article 1. Scope of Regulation and Applicability

2. Applicability:

1. Surveying, designing, and construction work for housing must comply with approved planning, construction permit (if applicable), and other relevant requirements stipulated in Clause 3, Article 79 of the Construction Law No. 50/2014/QH13.

第二条 组织和实施奖励工作的支出水平，如政府第152/2025/NĐ-CP号决定关于分级授权和奖励领域的分权规定

2. The housing owner, organizations, and individuals involved in the management of construction quality and maintenance of housing shall be responsible for the contents of their work carried out in accordance with the law and the terms of the contract signed (if applicable).

Article 2. Interpretation of Terms

In this Circular, the following terms are understood as follows:

1. Article 4. Surveying for housing construction lDepending on the scale of housing, surveying for construction shall be conducted in accordance with the following regulations: 1. For housing less than seven stories, the housing owner can conduct the survey themselves or hire individuals or organizations with sufficient capacity as prescribed to perform the survey. In cases where the survey is not hired, the housing owner may apply one of the following methods: direct inspection through manually dug pits to determine the thickness and quality of soil layers and the expected foundation layer; refer to geological data of nearby construction projects and foundation treatment solutions; refer to geological data of the construction site provided by authorized agencies or organizations.

2. 2. For housing seven stories or more, the survey must be conducted by a qualified survey organization as prescribed. Article 5. Design for housing construction

3. 1. For housing with a total floor area less than 250 square meters or less than three stories or a height under 12 meters, the housing owner can design it themselves.ìealth l2. For housing less than seven stories, except for the case stipulated in Clause 1 of this Article, the design must be carried out by an organization or individual with sufficient capacity as prescribed. 3. For housing seven stories or more, the design must be carried out by an organization or individual with sufficient capacity as prescribed and must be reviewed in accordance with Point b, Clause 1, Article 26 of Decree No. 59/2015/ND-CP dated June 18, 2015 of the Government on project investment construction management.

4. Owner is an organization or individual owning capital to carry out housing investment construction activities.

Article 3. Basic principles in managing construction quality and maintaining houses in

1. Surveying, designing, and constructing housing must be consistent with approved planning schemes, construction permits (if applicable), and other relevant requirements stipulated in Clause 3, Article 79 of the Construction Law No. 50/2014/QH13.

2. The owner and organizations or individuals related to construction quality management and house maintenance shall be responsible for the contents of their work as prescribed by law and according to the terms of any signed contracts (if applicable).

Article 4. Construction survey for housing

Depending on the scale of housing, construction surveys shall be conducted in accordance with the following regulations:

1. For housing under seven stories, the owner may conduct the survey themselves or hire individuals or organizations with the required qualifications to perform the construction survey. In cases where a construction survey is not hired, the owner may apply one of the following methods: direct inspection through manual excavation pits to determine soil layer thickness and quality and the anticipated foundation soil layer; referencing geological data of adjacent structures and foundation treatment solutions; referencing geological data provided by authorized agencies or organizations for the construction site.

2. For housing seven stories or higher, the construction survey must be carried out by organizations with the required qualifications.

Article 5. Design for construction of housing

1. For housing with a total floor area less than 250 square meters² or fewer than three stories or a height under 12 meters, the owner may design it themselves.

2. For housing under seven stories, except for the case stipulated in Clause 1 of this Article, the design must be performed by organizations or individuals with the required qualifications.

3. For housing seven stories or higher, the design must be performed by organizations or individuals with the required qualifications and must be reviewed in accordance with Point b, Clause 1, Article 26 of Government Decree No. 59/2015/NĐ-CP dated June 18, 2015 on project management for construction investment.

Article 6. Construction of houses in

1. Management during construction

a) For residential buildings with a total floor area less than 250 square meters or fewer than three floors or a height under 12 meters, the owner may organize the construction themselves and bear responsibility for construction safety and the impact of construction on adjacent structures.² b) For residential buildings under seven floors, except in cases stipulated in Point a of this Clause, the construction shall be carried out by individuals or organizations with experience in constructing similar projects. During the construction process, if any abnormal signs are detected, the owner must consult the designer to promptly address them.

c) For residential buildings seven floors or higher, the construction must be carried out by organizations meeting the required conditions for construction capacity as prescribed. The owner must prepare the completion documents for the project according to the annex attached to this Circular and notify the competent state management agency for inspection before putting the project into use.

2. Encouragement of supervision during construction of residential buildings with the following main contents:

a) Inspection of construction methods and measures to ensure safety for the residential building and adjacent structures.

b) Inspection of material quality and construction components, equipment before they are put into construction.

c) Inspection of formwork and scaffolding systems.

d) Inspection of labor safety and environmental hygiene measures during the construction process.

Article 7. Maintenance of residential buildings

3. Amend Clause 3 Article 2 as follows:i1. The owner or manager/user of the residential building must carry out maintenance according to regulations; regularly inspect the main load-bearing parts (roof, columns, beams, floors, load-bearing walls), mechanical-electrical systems, water supply and drainage systems, and have the elevator safety inspection conducted (if applicable); immediately implement solutions to address damages affecting usage and safety of the residential building.

2. When discovering signs of danger in the residential building that do not ensure safe usage, the owner or manager/user must immediately report to the local authority and arrange for the quality inspection organization (if necessary); take emergency measures such as limiting or ceasing usage, moving people and property to ensure safety if there is a risk of collapse.

Article 8. Resolution of disputes and handling of violations

1. Before commencing construction, the owner should proactively contact the owners or managers/users of adjacent structures to check the current status and record any defects of the adjacent structures (if any). The owners or managers/users of adjacent structures have the responsibility to cooperate with the owner to check and record the current status of the structure as the basis for resolving disputes (if any).i2. During the construction process, if adjacent structures show signs of subsidence, cracking, leakage, or there is a risk of collapse due to the impact of construction, the owner must cooperate with the owners or managers/users of adjacent structures to check, determine the cause, and agree on remedial measures. In case of disagreement among parties, the arising disputes will be resolved according to the provisions of the law. l3. Administrative violations in the construction of residential buildings are handled according to the provisions of the Construction Law and other relevant laws.

Before commencing construction, the owner shall proactively contact the owners or managers/users of adjacent structures to inspect the current condition and record any defects of the adjacent structures (if any). The owners or managers/users of adjacent structures have the responsibility to cooperate with the owner to inspect and record the current condition of the structure as a basis for resolving disputes (if any).

During the construction process, if adjacent structures show signs of settlement, cracking, leakage, or there is a risk of collapse due to the impact of housing construction, the owner must cooperate with the owners or managers/users of adjacent structures to inspect, determine the cause, and agree on remedial measures. If the parties cannot reach an agreement, any disputes arising shall be resolved in accordance with the provisions of the law.

Administrative violations in housing construction activities shall be handled in accordance with the laws on construction and other relevant laws.

Article 9. Responsibilities of the provincial people's committee in managing the quality and maintenance of housing. DECREES:1. Assigning and delegating responsibilities for state management of housing quality and maintenance to the Construction Department and the district-level people's committees.nationaland maintenance of houses

1. Assigning and delegating responsibilities for state management of housing quality and maintenance to the Construction Department and the district-level people's committees.

2. Guiding and inspecting the implementation of construction and maintenance legal documents on the local territory; handling violations discovered during inspections according to regulations.

Article 10. Provisions on transition

1. For houses that have obtained a Construction Permit or have commenced construction before this Circular takes effect, the management of construction quality and maintenance of housing shall be carried out in accordance with Circular No. 10/2014/TT-BXD dated July 11, 2014, issued by the Ministry of Construction, which stipulates certain contents regarding the management of individual housing construction quality.

2. For all other cases, the management of construction quality and maintenance of housing shall be carried out in accordance with the provisions of this Circular.

Article 11.ệnto effecitselffor implementation

1. This Circular takes effect from January 1, 2016, and replaces Circular No. 10/2014/TT-BXD dated July 11, 2014, issued by the Ministry of Construction, which stipulates certain contents regarding the management of individual housing construction quality.

2. During the implementation process, if there are any difficulties, organizations and individuals related to the matter are requested to send their feedback to the Ministry of Construction for consideration and guidance./.

ANNEX

LIST OF COMPLETION DOCUMENTS FOR HOUSING CONSTRUCTION PROJECTSROOFTOP SOLAR PHOTOVOLTAIC SYSTEMSAppendix 05

(Issued together with Circular(Circular No. 5/2015/TT-BXD dated December 30, 2015, issued by the Ministry of Construction)/2011) Construction permit.June 2024;energy 10 For power plants invested under the Build-Operate-Transfer (BOT) model, n is determined according to the operational period of the power plant stipulated in the BOT contract.amend(Circular No. 2015 of the Ministry of Construction)

2) Construction contracts signed by the homeowner with surveyors, designers, contractors, and construction supervision agencies (if applicable).

3) Report on construction survey results.

4) Design drawings for construction works.

5) Report on design review results and construction drawing approval documents.

6) As-built drawings (in case the construction work differs from the construction design drawings).

7) Test and inspection reports (if applicable).

8) Agreements, approvals, and confirmations from competent state agencies (if applicable) regarding fire safety and elevator operation safety.

8) Agreements, approvals, confirmations from authorized state agencies (if any) regarding fire safety; safe operation of elevators.