Circular No. 06/2017/TT-BXD guiding specialized construction testing activities

Article 3. Scope and fields of specialized construction testing activities as prescribed in Decree No. 62/2016/NĐ-CP

1. Specialized construction testing includes measurement activities to determine mechanical, physical, chemical, and geometric characteristics of test objects: construction products, building materials; construction soil; structural components and structures of construction works; construction environment for various types of construction works.

2. Specialized construction testing can be conducted in laboratories or at construction sites.

3. Specialized construction testing can be performed using destructive or non-destructive methods to determine the characteristics of test objects at a given point in time over a specified period.

Article 4. Evaluation and certification of eligibility for specialized construction testing activities

1. The evaluation team consists of representatives from the Ministry of Construction's Department of Science, Technology and Environment, representatives from the Construction Department of the locality where the laboratory is located, and experts with relevant expertise and experience.

2. The content of the laboratory evaluation is specified in the Appendix attached to this Circular.

3. Organizations conducting specialized construction testing activities are responsible for paying fees and charges for the evaluation work to issue the Certificate of Eligibility for Specialized Construction Testing Activities, in accordance with regulations on fee collection for conformity assessment services.

Article 5. Provisions on field testing stations

1. Field testing stations are entities of specialized construction laboratories established by organizations conducting specialized construction testing activities to serve testing activities for specific construction projects/works during the construction period. Field testing stations are equipped with personnel, equipment, and tools to meet spatial and testing condition requirements similar to those of specialized construction laboratories, corresponding to the tests being conducted.

2. Based on the actual requirements of each specific construction project/work, the establishment of a field testing station must be issued by a Decision. The Decision establishing a field testing station must clearly state the address and include a list of transferred personnel and equipment. The establishment Decision must be sent to the project owner or the individual or organization authorized by the owner to verify compliance with the tests conducted for the work. Inspection records must be prepared before testing activities commence. If a field testing station serves multiple projects/works simultaneously, this must be clearly stated in the establishment Decision or an additional Decision must be issued.

3. Field testing stations use the recognized laboratory code (LAS-XD) of the organization conducting specialized construction testing activities.

4. Fixed testing equipment at field testing stations must be re-calibrated according to legal metrology regulations before testing activities commence.

5. Before commencing testing activities and within one month after the completion of field testing station operations, the organization conducting specialized construction testing activities must notify the local Construction Department in writing about the project/work location.

Article 6. Publicizing information on organizations conducting specialized construction testing activities

The system of organizations conducting specialized construction testing activities is published on the Ministry of Construction’s website at www.xaydung.gov.vn, including:

1. Information on organizations conducting specialized construction testing activities

a) Name, email, fixed contact phone number, organizational address, laboratory address, and code number (LAS-XD);

b) Certificate of Eligibility for Specialized Construction Testing Activities and List of Test Indices.

2. List of organizations conducting specialized construction testing activities that have violated legal provisions and had their Certificates of Eligibility for Specialized Construction Testing Activities suspended or revoked.

Article 7. Responsibilities of state agencies, organizations, and individuals in specialized construction testing activities

1. Responsibilities of state management agencies and specialized construction agencies

a) The Ministry of Construction shall uniformly manage specialized construction testing activities with code LAS-XD.

b) The Department of Science, Technology and Environment is the specialized agency responsible for assisting the Minister of Construction to implement the management of specialized construction testing activities, including: processing registration files, organizing evaluations, submitting to competent authorities for issuance of certificates of eligibility for specialized construction testing activities in accordance with Article 6 of Decree No. 62/2016/ND-CP; organizing inspections of specialized construction testing activities, handling complaints and reports, submitting to competent authorities for handling violations in specialized construction testing activities in accordance with Article 7 of Decree No. 62/2016/ND-CP; organizing proficiency testing and inter-laboratory comparison of specialized construction laboratories.

c) Provincial Construction Departments under central cities shall conduct regular and spot checks on the activities of laboratories and field testing stations in their localities. Inspection results shall be recorded in minutes and sent to the Ministry of Construction for unified handling procedures in accordance with regulations.

2. Responsibilities of organizations conducting specialized construction testing activities

a) Ensuring and maintaining material conditions, equipment, testing personnel, and quality management systems that meet the requirements stipulated in Article 5 of Decree No. 62/2016/ND-CP;

b) Being responsible for implementing the requirements of management agencies and specialized construction agencies as prescribed in Clause 1 of this Article.

c) Bearing responsibility under the law for the specialized construction testing activities of the organization.

3. Responsibilities of managers of testing activities of organizations conducting specialized construction testing activities (Laboratory Director/Deputy Director)

a) Managing testing equipment, planning periodic calibration/checking of testing equipment in accordance with regulations to ensure measurement accuracy;

b) Supervising and assigning specific tasks to each testing technician in accordance with their qualifications and training certificates;

c) Being responsible for testing records, documents, and books in accordance with the established quality management system;

d) Being responsible for the testing results of the laboratory they oversee.

4. Responsibilities of testing technicians

a) Adhering to assigned tasks, being honest during the testing process and in test results;

b) Being responsible for the data from tests they perform.

Article 8. Implementation clause

1. This Circular takes effect from June 15, 2017

2. In cases where standards cited in this Circular are supplemented, amended, or replaced, the latest version shall be implemented.

3. Abolish the following provisions:

a) Decision No. 11/2003/QD-BXD dated May 12, 2003, issued by the Minister of Construction promulgating Vietnam Construction Standard TCXDVN 297:2003 "Specialized Construction Laboratory - Recognition Standards"

b) Decision No. 11/2008/QD-BXD dated July 1, 2008, issued by the Minister of Construction promulgating Regulations on Recognition and Management of Specialized Construction Laboratory Activities.

c) Article 5, Article 6, Clause 3 of Article 7 of Circular No. 06/2011/TT-BXD dated June 21, 2011, issued by the Minister of Construction amending and supplementing certain provisions on administrative procedures in the construction sector; architecture, urban planning construction implementation Resolution No. 55/NQ-CP dated December 14, 2010 of the Government on simplifying administrative procedures within the scope of functions managed by the Ministry of Construction.

Article 9. Implementation Organization

1. Relevant agencies, organizations, and individuals shall be responsible for implementing this Circular.

2. In case of difficulties or obstacles during implementation, agencies, organizations, and individuals are advised to send their opinions to the Ministry of Construction for consideration and resolution./.