Directive No. 07/2007/CT-BXD on Strengthening Construction Management for High-Rise Building Projects

DIRECTIVE

On strengthening construction management

for high-rise building projects

In recent years, along with the development speed of cities, especially large cities, investment in high-rise building projects has developed quite rapidly. To manage construction work generally and urban high-rise building projects specifically, the State has issued many regulatory legal documents; currently, the system of regulatory legal documents is relatively complete and consistent, stipulating procedures, conditions, capabilities, as well as rights and obligations of subjects participating in construction activities. However, recently, in constructing high-rise buildings, particularly underground floors of high-rise buildings, there have been many violations regarding procedures; many projects have constructed more underground floors than permitted; contractors do not meet the required capability conditions; many contractors lack experience in constructing underground floors but still undertake such work; construction methods have not been thoroughly reviewed and approved by both contractors and investors, especially when constructing underground floors under complex geological conditions like in Ho Chi Minh City, etc., leading to incidents affecting the safety of the project and nearby structures, causing property damage and public dissatisfaction.

To strengthen construction management for high-rise projects, particularly those with underground floors, to prevent unfortunate incidents, the Minister of Construction requests:

1. Provincial People's Committees direct specialized agencies and People's Committees at all levels according to their jurisdiction to strengthen inspection of compliance with investment and construction procedures, quality management of construction projects in accordance with laws on construction for high-rise building projects, specifically:

a) Inspect the compliance of investors with the provisions of construction permits, focusing on projects with underground floors built within urban areas. Strict and decisive measures must be taken to address violations upon discovery.

b) Inspect the capability conditions of contractors involved in construction projects. For high-rise buildings with underground floors, the contractor's direct construction experience must be checked. For surveying work, in addition to capability conditions, compliance with survey regulations, such as approved survey tasks, supervision during surveys, reporting survey results, and acceptance documents for survey outcomes, must also be inspected.

c) Inspect compliance with procedures for reviewing and approving design stages. For projects with underground floors, the Department of Construction must check the suitability of foundation design and underground floor construction method documentation submitted by contractors with accepted survey materials; additional surveys should be required if necessary to ensure safe construction methods.

d) Inspect monitoring systems for deformation of the project and adjacent structures. Investors and contractors must strictly implement this requirement if it is not fully carried out.

e) Before issuing construction permits, licensing authorities must conduct site surveys and issue confirmation records regarding the status of adjacent structures.

g) Inspect conditions for starting construction projects in accordance with Article 72 of the Construction Law.

2. For investors of construction projects:

a) They shall not select contractors who do not meet the prescribed capability conditions, particularly paying attention to the experience of contractors undertaking construction of high-rise buildings with underground floors.

b) For high-rise buildings with underground floors, investors must hire independent consultants to review the construction method designs of contractors before approval.

c) In construction permit application documents, in addition to the documents required by Decree No. 112/2006/NĐ-CP dated September 29, 2006 of the Government and Circular No. 02/2007/TT-BXD dated February 14, 2007 of the Ministry of Construction, investors must supplement photographs of the current status of surrounding adjacent structures.

d) Construction can only commence when all conditions stipulated in Article 72 of the Construction Law are met and approved construction methods ensuring safety are in place.

e) Publicize the contents of construction permits as required. For high-rise buildings with underground floors, the number of underground floors and the scope of underground floor ground plans must be publicly displayed.

g) Adhere strictly to approved designs and issued construction permits. Organize supervision to ensure contractors comply with legal regulations and signed contracts.

h) Require contractors to establish monitoring systems for deformation of the project and adjacent structures throughout the construction process.

i) Upon discovering signs that may affect adjacent structures, conduct surveys and propose remedial measures; if the impact is dangerous, stop construction, report to local authorities, and implement evacuation and emergency response measures while bearing full responsibility for any damages caused.

k) Shall only continue construction after all incidents have been fully resolved and appropriate construction measures have been implemented to prevent subsequent incidents.

3. For contractors participating in construction activities

a) Construction survey contractors, project design contractors, construction contractors, and construction supervision consultants shall only undertake works that are commensurate with their capacity conditions as prescribed.

b) Must comply with technical standards and regulations, organize supervision and acceptance in accordance with current provisions. Shall not carry out works that deviate from the contents of the construction permit issued.

c) Design consultants must conduct regular author supervision to promptly address any issues arising during the construction of underground levels of high-rise buildings.

d) Construction contractors must conduct supplementary surveys to develop safe construction method designs and shall only commence construction when approved safe construction methods are in place and all other required conditions under current regulations are met.

e) Construction contractors shall establish a system for monitoring deformation of the project and adjacent structures. When abnormal signs appear, construction shall be temporarily halted and the project owner notified to seek remedial measures; if intentionally failing to report results in an incident, full responsibility shall be borne.

4. Implementation organization

a) People's Committees at all levels shall strengthen publicity and dissemination to enhance awareness and responsibility of subjects involved in constructing high-rise buildings, particularly those with underground levels.

b) Provincial Construction Departments shall be responsible for:

- Organizing training sessions for county and commune-level construction management agencies on the management of high-rise building construction as required by this Directive; directly inspecting the construction of underground levels of high-rise buildings and promptly addressing any violations; and reporting any urgent or periodic matters to the provincial People's Committee and the Ministry of Construction.

- Cooperating with urban authorities to study geological and hydrogeological conditions and propose regulations for the construction of underground structures within their jurisdictions.

c) Functional units of the Ministry shall be responsible for urging, monitoring, inspecting, and reporting on the implementation of this Directive.