Circular No. 06/2021/TT-BXD stipulates on the classification of construction projects and guidance for application in the management of investment construction activities.

CIRCULAR

Article 24regulating the classification of construction works and guidance on application
in managing investment construction activities

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Pursuant to the Law on Construction dated June 18, 2014; the Law Amending and Supplementing Certain Provisions of the Law on Construction dated June 17, 2020;

Pursuant to the Law on Architecture dated June 13, 2019;

Pursuant to the Government Decree No. 06/2021/NĐ-CP dated January 26, 2021 detailing certain provisions on quality management, construction works, and maintenance of construction projects;

Pursuant to Decree No. 15/2021/ND-CP dated March 3, 2021 of the Government detailing certain contents regarding project management of investment construction;

Pursuant to Decree No. 81/2017/NĐ-CP dated July 17, 2017 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Construction;

At the proposal of the Director of the National Construction Quality Supervision Agency;

The Minister of Construction issues this Circular to regulate the classification of construction works and guidance on applying the classification of construction works in managing investment construction activities.

Article 1. Scope of Regulation and Applicability

This Circular provides detailed regulations on the classification of construction works and guidance on applying the classification of construction works in managing investment construction activities as stipulated in Clause 4, Article 5 of the Construction Law 2014, amended and supplemented by Clause 3, Article 1 of the Law Amending and Supplementing Certain Provisions of the Construction Law 2020 and Clause 2, Article 3 of Decree No. 06/2021/NĐ-CP.

Thông tư này áp dụng đối với tổ chức, cá nhân có liên quan đến hoạt động kinh doanh đối tượng thủy sản nuôi chủ lực trên lãnh thổ Việt Nam.

This Circular applies to investors, project owners, asset owners, managers, users of construction works, domestic contractors, foreign contractors, state management agencies for construction, and other organizations and individuals related to investment construction activities within the territory of Vietnam.

Article 2. Principles for Determining the Classification of Construction Works

1. The classification of construction works prescribed in this Circular shall be determined based on the following criteria:

a) Degree of importance, capacity scale: Applied to individual construction works or a combination of several construction works or a production line consisting of multiple components under an investment construction project as specified in Appendix I of this Circular;

b) Structural scale: Applied to individual construction works under an investment construction project as specified in Appendix II of this Circular.

2. The classification of an individual construction work is the highest level determined according to Appendices I and II of this Circular. In cases where an individual construction work is not specified in Appendix I of this Circular, its classification shall be determined according to the provisions of Appendix II of this Circular, and vice versa.

3. The classification of a combination of several construction works or a production line consisting of multiple components shall be determined as follows:

a) In cases where a combination of several construction works or a production line consisting of multiple components is specified in Appendix I of this Circular, the classification of the construction works shall be determined according to Appendix I of this Circular;

b) In cases where a combination of several construction works or a production line consisting of multiple components is not specified in Appendix I of this Circular, the classification of the construction works shall be determined according to the classification of the main construction work (part of the combination of several construction works or a production line) with the highest level. The classification of the main construction work shall be determined according to the provisions of Clause 2 of this Article.

a) In cases where repair, renovation, or upgrading changes the criteria for determining the classification of construction works as stipulated in Clause 1 of this Article, the classification of the construction work after repair, renovation, or upgrading shall be determined according to the provisions of this Article;

b) In cases other than those stipulated in point a of this clause, the classification of the construction work before and after repair, renovation, or upgrading shall remain unchanged.

Article 3. Application of the Classification of Construction Works in Managing Investment Construction Activities

1. The classification of construction works prescribed in this Circular shall be applied as the basis for managing the following investment construction activities:

a) Determining the authority when reviewing feasibility study reports; reviewing or providing opinions on technology for investment projects using restricted technology transfer or investment projects that may have adverse environmental impacts using technology as stipulated in the Technology Transfer Law; reviewing design implementation after basic design; inspecting acceptance work during construction and upon completion of construction of construction works;

b) Classifying the capacity of construction activities of organizations and individuals to issue certificates of capacity and certificates of practice in construction activities;

c) Determining construction works exempt from construction permits;

d) Determining construction works required to hold architectural design competitions as stipulated in Clause 2, Article 17 of the Architecture Law;

đ) Determining construction works requiring separate technical guidelines;

e) Determining construction works having significant impact on safety and public interest;

g) Determining construction works requiring mandatory professional liability insurance;

h) Determining construction works required to conduct periodic safety assessments during use;

i) Classifying construction accidents and the authority to resolve construction accidents;

k) Managing investment construction costs;

l) Determining warranty periods and warranty amounts for construction works;

m) Determining construction works required to establish maintenance procedures;

n) Other contents as prescribed by laws on managing investment construction works.

2. Applying the classification of construction works to manage investment construction activities as stipulated in point a of Clause 1 of this Article shall be carried out as follows:

a) In cases where an investment construction project only includes one independent main construction work: Apply the classification of construction works determined according to Clause 2, Article 2 of this Circular;

b) In cases where an investment construction project includes several independent main construction works or constructed along a route (consisting of several construction works arranged consecutively along the route): Apply the classification of the main construction work with the highest level determined according to Clause 2, Article 2 of this Circular;

c) In cases where an investment construction project includes a combination of several main construction works or a production line consisting of multiple components: Apply the classification of construction works determined according to Clause 3, Article 2 of this Circular;

d) In cases where an investment construction project includes several combinations of main construction works, several main production lines, or a mixed combination: Apply the classification of the combination of main construction works or the main production line with the highest level determined according to Clause 3, Article 2 of this Circular.

a) In cases where the scope of implementation is for one independent construction work, apply the classification of construction works determined according to Clause 2, Article 2 of this Circular for that construction work;

b) In cases where the scope of implementation is for several construction works under an investment construction project, apply the classification of construction works determined according to Clause 2, Article 2 of this Circular for each construction work being considered.

c) In cases where the scope of implementation covers an entire complex of works or an entire production line consisting of multiple components, the level of the work shall be determined according to the provisions of Clause 3, Article 2 of this Circular. In cases where the investment project for construction works is carried out along a route, it shall be implemented according to the provisions of point d of this clause;

d) In cases where the scope of implementation covers one work, several works, or all works belonging to an investment project for construction works along a route, the level of each work within the route shall be determined according to the provisions of Clause 2, Article 2 of this Circular;

Article 4. Provisions on Transition

1. The level of works within an investment project for construction that has been decided to invest before the effective date of this Circular shall be determined according to the legal provisions at the time of approving the investment project for construction works;

2. In cases where there is a change in the design of construction works after the effective date of this Circular:

a) If the change in the design of construction does not alter the criteria for determining the level of works specified in Clause 1, Article 2 of this Circular, the level of the works shall be determined according to the legal provisions at the time of approving the investment project for construction works;

b) If the change in the design of construction alters the criteria for determining the level of works specified in Clause 1, Article 2 of this Circular, the level of the works shall be determined according to the provisions of this Circular;

Article 5. Effective Date

1. This Circular takes effect from August 15, 2021, and replaces Circulars No. 03/2016/TT-BXD dated March 10, 2016, issued by the Minister of Construction on the classification of construction works and guidance on application in investment construction management activities, and Circular No. 07/2019/TT-BXD dated November 7, 2019, issued by the Minister of Construction on amending, supplementing, and replacing certain provisions of Circular No. 03/2016/TT-BXD;

2. During the implementation process, if there are difficulties, organizations and individuals are requested to send their opinions to the Ministry of Construction for consideration and resolution./.