Circular No. 07/1999/TT-BXD guides the management and application of construction technical standards and regulations, including determining mandatory and voluntary standards, procedures for reviewing and approving the use of foreign standards, and the responsibilities of relevant parties during implementation.
적용 범위
Ministry of Construction, sectoral construction management ministries, construction management agencies, project sponsors, design and construction organizations, People's Committees of provinces/cities directly under the Central Government, Departments of Construction, Chief Architects' Offices of cities, Industrial Zone Management Boards.
핵심 사항
- The Ministry of Construction is responsible for researching, drafting, and promulgating construction standards or agreeing to their promulgation by sectoral construction management ministries.
- Mandatory construction standards include climatic data, hydrogeological data, seismic zoning, fire prevention and explosion protection, lightning protection, environmental protection, safety of structures under local climate impact, and labor safety. These contents must be applied in all construction works on the territory of Vietnam.
- Voluntary construction standards are encouraged to be thoroughly applied, particularly concerning building materials. In cases where there are no domestic construction standards, foreign standards may be applied but must comply with the specified provisions.
- When applying non-mandatory foreign standards, specific procedures must be followed: research, review, and proposal by construction management agencies, the Ministry of Construction will issue approval documents for each specific construction work.
- The Ministry of Construction will periodically publish a list of mandatory standards to be applied.
🌐 이 문서의 사회적 영향
- Positive impacts include ensuring the quality of construction works, protecting the environment, and labor safety. However, applying foreign standards may impose cost burdens on project sponsors.
- Enterprises need to comply with these new regulations while also taking advantage of opportunities to apply advanced foreign standards.
❓ 자주 묻는 질문
Which standards are considered mandatory for application?
Construction standards regarding climatic data, hydrogeological data, seismic zoning, fire prevention and explosion protection, lightning protection, environmental protection, safety of structures under local climate impact, and labor safety are considered mandatory for application.
What procedures must be followed when applying foreign standards?
When applying non-mandatory foreign standards, the following procedures must be followed: research, review, and proposal by construction management agencies, the Ministry of Construction will issue approval documents for each specific construction work.
What responsibilities does the Ministry of Construction have in this matter?
The Ministry of Construction is responsible for researching, drafting, and promulgating construction standards or agreeing to their promulgation by sectoral construction management ministries. Additionally, the Ministry will issue approval documents for the specific application of foreign standards.
Which standards are encouraged for application?
Construction standards concerning building materials are encouraged to be thoroughly applied. In cases where there are no domestic construction standards, foreign standards may be applied but must comply with the specified provisions.
전문
CIRCULAR
Guidelines for managing and applying construction standards and technical regulations.
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Pursuant to Decree 15/CP dated March 4, 1994 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Construction;
Pursuant to Decree 52/1999/NĐ-CP dated July 8, 1999 of the Government on the issuance of the "Regulations on Investment Management and Construction";
The Ministry of Construction provides specific guidance on certain issues regarding the management and application of construction standards as follows:
This technical regulation sets out technical requirements, testing methods, sampling procedures; management requirements; responsibilities of organizations and individuals producing, trading, and importing cigarettes.
1.Construction standards include: Vietnamese Standards - TCVN, industry standards - TCXD, and construction technical regulations, which are technical legal documents used as a basis for uniform state management over the quality of construction works.
2.The Ministry of Construction is the agency responsible for organizing research, drafting, and issuing or agreeing with relevant ministries to issue construction standards.
3.Foreign construction standards (except for provisions in 5a. II) if applied in design and construction of works within the territory of Vietnam must be reviewed and approved in writing by the Ministry of Construction.
4.Construction standards are defined into two types of application as follows:
Mandatory application.
Voluntary application.
II. SPECIFIC PROVISIONS
1.The contents of construction standards in the following fields shall be considered as "mandatory application":
Construction climate data
Hydrogeological data
Seismic zoning
Fire and explosion prevention
Lightning protection
Environmental protection
Safety of structures under local climatic effects
Labor safety
The mandatory nature may be prescribed for the entire standard or parts thereof.
If it is a mandatory construction standard, then at the beginning of the standard, it will be noted: This standard is mandatory application. If only part of the standard is mandatory, then that part will note: (mandatory application) - in parentheses.
The Ministry of Construction will periodically publish a list of mandatory construction standards.
2.For mandatory application contents of construction standards, all construction works within the territory of Vietnam must apply them during surveying, planning, designing, production, construction, and acceptance.
3.For contents in mandatory application fields where there are no Vietnamese standards, foreign standards may be applied, but they must be suitable for Vietnamese conditions and must be approved in writing by the Ministry of Construction. Other similar foreign construction technical standards may also be applied, provided they have equal or higher technical and safety levels than Vietnamese construction standards.
4.Construction standards shall not in mandatory application fields are considered as standards voluntary application.The Ministry of Construction encourages the application of construction standards in voluntary application fields. 5.When applying foreign standards not in mandatory application fields above, the Ministry of Construction stipulates as follows:
a.Current construction standards of the following organizations and countries: ISO, EURO, USA, UK, France, Germany, Russia, Japan, and Australia, after being reviewed and approved by relevant ministries,
may be applied without the need for written agreement from the Ministry of Construction. b.Construction standards of other organizations and countries wishing to apply to construction works within the territory of Vietnam must follow the procedures below: They must be studied and proposed by construction management agencies under relevant ministries; the Ministry of Construction will review and issue written approval for each specific construction project.
6.Vietnamese construction standards on building materials are encouraged to be fully applied. In cases where there are insufficient domestic construction standards in this field, foreign standards may be applied, but they must comply with the provisions set out in points (1 and 5) above.
7.Documents for the Ministry of Construction to consider and issue agreements for the application of foreign standards in construction works in Vietnam include:
A list and content of the standards attached (including the original language version and Vietnamese translation).
An explanatory statement proposing the application of these standards (including reasons, purpose, content requested for application, advantages and disadvantages, related impacts, effectiveness, and recommendations).
Technical guidance documents
Approval opinions of the Ministry or competent construction management agencies of related construction works.
8.The Department of Science and Technology - Ministry of Construction is assigned to manage and assist the Ministry of Construction in reviewing documents on foreign standards proposed for application in construction in Vietnam.
1.This Circular is issued to replace Circular No. 12/BXD-KHCN dated April 24, 1995 of the Ministry of Construction and Notice No. 78/BXD-KHCN dated July 17, 1995 on the application of construction standards and technical regulations of the Ministry of Construction.
III. IMPLEMENTATION
2.This Circular takes effect fifteen days from the date of signature; Ministries, ministerial-level agencies, People's Committees of provinces and centrally-administered cities, Construction Departments, Chief Architects' Offices of cities, Industrial Zone Management Boards are responsible for guiding and implementing this Circular.
Investors, design and construction organizations of all economic sectors throughout the country must fully implement the provisions of this Circular.
Any difficulties encountered during implementation requiring supplementation or amendment should be reported by the concerned units to the Ministry of Construction for consideration and improvement./.
During the implementation process, if there are obstacles requiring supplementation or amendment, the unit concerned shall submit its comments to the Ministry of Construction for consideration and improvement./.
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