Circular No. 07/2019/TT-BXD amending, supplementing, and replacing certain provisions of Circular No. 03/2016/TT-BXD dated March 10, 2016, issued by the Minister of Construction regarding classification of construction projects and guidance on application in investment construction management activities.

CIRCULAR

Amending, supplementing, and replacing certain provisions of Circular No. 03/2016/TT-BXD datedMarch 10, 2016 issued by the Minister of Construction on classification of construction works and guidance for application in management of investment construction activities; construction worksand guiding the application in managing investment construction activities

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Pursuant to Decree No. 46/2015/NĐ-CP dated May 12, 2015 of the Government on Quality Management and Maintenance of Construction Works;

Pursuant to Decree No. 59/2015/NĐ-CP dated June 18, 2015 of the Government on Management of Investment Construction Projects (hereinafter referred to as Decree No. 59/2015/NĐ-CP);

Pursuant to Decree No. 42/2017/NĐ-CP dated April 5, 2017 amending and supplementing certain articles of Decree No. 59/2015/NĐ-CP;

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 Appraisal Agency for Construction Quality,

The Minister of Construction hereby issues this Circular amending, supplementing, and replacing certain provisions of Circular No. 03/2016/TT-BXD dated March 10, 2016 issued by the Minister of Construction on classification of construction works and guiding the application in managing investment construction activities.

Article 1. Amending, supplementing, and replacing certain provisions of Circular No. 03/2016/TT-BXD dated March 10, 2016 issued by the Minister of Construction on classification of construction works and guiding the application in managing investment construction activities (hereinafter referred to as Circular No. 03/2016/TT-BXD)

1. Supplementing Clause 1a following Clause 1 as follows:

"Clause 1a. Explanation of terms

a) Single-family house is a house built on a separate residential land plot legally owned by organizations, households, or individuals including villa houses, attached houses, and independent houses.

b) Apartment building is a building with two floors or more, having multiple apartments, common corridors, staircases, shared ownership parts, and a shared infrastructure system serving households, individuals, and organizations.

c) Multi-functional (or mixed-use) building is a building with various uses (for example, a building designed for residential, hotel, and office purposes is a multi-functional building).

d) Height of buildings, structures is the height measured from ground level to the highest point of the building, structure. For buildings with different ground levels, the height is measured from the lowest ground level. The method for determining the height of buildings, structures in specific cases is stipulated in Appendix 2 of Circular No. 03/2016/TT-BXD".

đ) Above-ground floor is a floor where the height of its floor slab is higher than or equal to the ground level designated in the approved planning.

e) Basement (or underground floor) is a floor where more than half of its height lies below the ground level designated in the approved planning.

g) Half-basement (or semi-underground floor) is a floor where half of its height lies above or at the ground level designated in the approved planning.

h) Technical floor is a floor arranged for technical equipment of the building. A technical floor can be a basement, half-basement, penthouse, or any floor of the building.

i) Penthouse is a floor located within the space of a sloping roof where the entire or part of its vertical surface is formed by the sloping or folded roof surface, in which the vertical wall (if any) does not exceed 1.5 meters above the floor level.

k) Number of floors of a building (or construction work) includes all above-ground floors (including technical floors, mechanical floors) and half-basements, excluding penthouses.

A mechanical floor that is only used for enclosing the staircase or elevator shaft, enclosing construction equipment (if any), serving access to the roof and rescue purposes, with an area not exceeding 30% of the roof floor area shall not be counted as a floor of the construction work.

For single-family houses, a mezzanine floor shall not be counted as a floor of the construction work if its floor area does not exceed 65% of the floor area of the immediately lower floor.

For multi-story buildings, structures, or construction works with floors (excluding single-family houses), a mezzanine floor shall not be counted as a floor of the construction work if it is only used for technical purposes (such as the bottom floor of a swimming pool, generator floor, or other construction equipment), with a floor area not exceeding 10% of the floor area of the immediately lower floor and not exceeding 300 square meters.

Each construction work may have only one mezzanine floor that is not counted as a floor of the construction work.

2. Amending, supplementing, and replacing certain provisions of Appendix 1 "Classification of Construction Works According to Capacity or Importance" of Circular No. 03/2016/TT-BXD as Appendix I attached hereto.

3. Amending and supplementing certain provisions of Appendix 2 "Classification of Construction Works According to Structural Scale" of Circular No. 03/2016/TT-BXD as Appendix II attached hereto.

4. Abolishing Point d Item 2 Part Notes Table 2 Appendix 2 "Classification of Construction Works According to Structural Scale" of Circular No. 03/2016/TT-BXD.

5. Replacing Item 3.5 of Appendix 3 "Examples of Determining the Level of Construction Works" of Circular No. 03/2016/TT-BXD with Item 3.5 of Appendix III attached hereto.

Article 2. Provisions on transition

1. The level of construction projects under investment and construction projects that have been decided to invest before this Circular takes effect shall be determined according to the provisions of the law at the time of approving the construction project investment plan.

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

a) In case the adjustment of the construction design does not change the capacity scale or structural scale as stipulated in this Circular, the level of the project shall be determined according to the provisions of the law at the time of approving the construction project investment plan;

b) In case the adjustment of the construction design changes the capacity scale or structural scale, the level of the project shall be determined according to the provisions of Article 1 of this Circular.

Article 3. Effectiveness

1. This Circular takes effect from January 1, 2019.

2. In the course of implementation, if there are difficulties, organizations and individuals shall send their opinions to the Ministry of Construction for consideration and resolution./.