Circular No. 08/2019/TT-BGTVT stipulates criteria for supervising and accepting the results of maintenance of inland waterway infrastructure assets based on quality implementation.

CIRCULAR

Regulations on criteria for monitoring and acceptance of maintenance results of inland waterway transport infrastructure assets based on quality implementation

infrastructure for inland waterway transportation based on the quality of implementation

Pursuant to the Law on Inland Waterway Traffic dated June 15, 2004, and the Law Amending and Supplementing Certain Provisions of the Law on Inland Waterway Traffic dated June 17, 2014;

Pursuant to Decree No. 46/2015/NĐ-CP dated May 12, 2015 of the Government on management of construction project quality and maintenance;

Pursuant to Decree No. 45/2018/NĐ-CP dated March 13, 2018, issued by the Government, stipulating the management, use, and operation of infrastructure assets for inland waterway transport;

Pursuant to Decree No. 12/2017/NĐ-CP dated February 10, 2017, issued by the Government on the functions, tasks, powers, and organizational structure of the Ministry of Transport;

At the proposal of the Director of the Infrastructure Department and the Director of the Vietnam Inland Waterway Administration;

Article 2. This Circular does not apply to periodic repair work, emergency repair work of waterway infrastructure assets within inland waterways.

Article 1. Scope of Regulation

These Circulars stipulate the criteria for monitoring and acceptance of maintenance results of inland waterway transport infrastructure assets based on quality implementation for regular maintenance work of inland waterway projects (excluding traffic control operations to ensure safety of inland waterway transport).

Article 2. Applicability

These Circulars apply to agencies, organizations, and individuals related to regular maintenance work of inland waterway projects based on quality implementation (excluding traffic control operations to ensure safety of inland waterway transport).

Article 3. Explanation of Terms

In this Circular, the following terms are understood as follows:

1. Regular maintenance of inland waterway projects refers to activities aimed at maintaining normal operation and safety of the projects during exploitation, including regular maintenance of inland waterways, navigation channel protection zones, and inland waterway navigation aids.

2. The unit or contractor performing regular maintenance of inland waterway projects is an organization selected by the investor to carry out regular maintenance work of inland waterway projects in accordance with the provisions of the law.

3. Navigation aid adjustment operations involve adjusting navigation aids along the route in response to changes in the channel. Such operations include: mooring, unmooring, adjusting, and preventing siltation of buoys; adjusting and moving navigation aid poles; moving signboards and lights indicating lock chambers.

Article 4. Criteria for monitoring and acceptance of regular maintenance work of inland waterway projects based on quality implementation

1. Regular maintenance work of inland waterway projects shall be carried out in accordance with the standards for regular maintenance of inland waterways.

2. Criteria for monitoring and acceptance of regular maintenance work of inland waterway projects based on quality implementation are specified in Appendix 1 attached hereto.

3. The investor or their representative shall base on the approved maintenance plan and budget and the provisions of Clause 1 and Clause 2 of this Article to prepare tender documents, request documents, procurement documents, conclude contracts, evaluate, accept and settle payments when implementing contracts based on quality implementation.

Article 5. Method for evaluating regular maintenance work of inland waterway projects based on quality implementation

1. Evaluation of regular maintenance work of inland waterway projects based on quality implementation shall be conducted using a scoring method with a total score of 100 points (corresponding to 100%), including items of work or certain items of work as prescribed in Appendix 1 attached hereto.

2. The maximum score structure for each item of work shall be calculated as a percentage of the estimated cost value or the total bid price of that criterion over the total estimated budget for regular maintenance work of inland waterway projects (rounded to the nearest whole number).

3. The cost of each item of work shall be evenly distributed among the months serving as the basis for evaluation during inspection and acceptance, and deducted from the budget.

Article 6. Inspection, supervision, evaluation, and acceptance of regular maintenance work for inland waterway projects based on the quality of implementation and deduction of funds

1. Evaluation of the quality of regular maintenance work for inland waterway projects shall be based on the results of on-site inspection, supervision, and the implementation records and documents of the unit or contractor, including:

a) Administrative work: inspection and supervision of record-keeping, storage, and updating of data in files, documents, computer software, and reporting systems during the implementation of regular maintenance work for inland waterway projects at units;

b) On-site work: inspection, supervision, and evaluation according to the criteria for regular maintenance work for inland waterway projects at the site;

c) The evaluation and acceptance shall be based on the results of the unit or contractor implementing regular maintenance work for inland waterway projects through spot checks and periodic inspections as stipulated in points a and b of this clause;

d) Determining the score for regular maintenance work for inland waterway projects shall be based on the assessment of individual items of work against each quality criterion as prescribed in Appendix 2 issued together with this Circular.

2. Inspection and acceptance components

a) For spot checks or monthly periodic inspections and acceptance: the project owner or their representative or supervising consultant (if any), and the unit or contractor implementing regular maintenance work for inland waterway projects;

b) For phase (quarterly) or final inspections and acceptance: the project owner or their representative, supervising consultant (if any), and the unit or contractor implementing regular maintenance work for inland waterway projects.

3. Time for inspection and acceptance:

a) Monthly periodic inspection and acceptance: shall be organized from the 1st to the 5th day of the month immediately following the month being accepted. For the last month of the year, it shall be organized from December 25 to December 31 of the same year;

b) Quarterly inspection and acceptance: shall be organized from the 1st to the 5th day of the first month of the quarter immediately following the quarter being accepted. For the fourth quarter, it shall be organized from December 25 to December 31 of the same year. Quarterly acceptance is a summary of the acceptance results of the months within that quarter;

c) Final inspection and acceptance: shall be organized from December 25 to December 31 of the year. Final acceptance is a summary of the quarterly acceptance results throughout the year as the basis for final acceptance;

d) Spot check: shall be organized at any time during the month; spot check serves as the basis for evaluating monthly acceptance.

4. Items of work of the unit or contractor not accepted quarterly and deduction of implementation costs according to the provisions of the law and in the following cases:

a. Two consecutive months in the quarter evaluated under the provisions of Clause 2 and Clause 3 of Appendix 2 of this Circular;

b. Two months in the quarter evaluated under the provisions of Clause 4 and Clause 5 of Appendix 2 of this Circular;

c. One month in the quarter evaluated under the provisions of Clause 6 of Appendix 2 of this Circular.

Article 7. Effective Date

This Circular shall take effect from June 1, 2019.

Article 8. Implementation organization

1. The Vietnam Inland Waterways Administration shall organize the implementation and inspection of the implementation of this Circular. During the implementation process, if there are difficulties or obstacles, they must promptly report to the Ministry of Transport for consideration and resolution.

2. The Director of the Ministry's Office, the Inspector General of the Ministry, the Heads of Departments, the Director of the Vietnam Inland Waterways Administration, the Heads of agencies, organizations, and individuals related to this Circular shall be responsible for its enforcement.

Respectfully submitted to: The State Bank of Vietnam Branch in the Region ...

Criteria for Acceptance Quality of Regular Maintenance Workfor Inland Waterway Projects

(Annexed to Circular No. /2019/TT-BGTVT dated month day year 2019 of the Minister of Transport)

DIRECTOR OF THE STATE BANK OF VIETNAM

Method for evaluating and scoring routine maintenance work on inland waterway projectsThe score for management tasks in routine maintenance is based on the evaluation of work items according to quality criteria, specifically using the following assessment methods:

(Annexed to Circular No. /2019/TT-BGTVT dated month day year 2019 of the Minister of Transport)

1. The score is 100% of the maximum points for the work item in the following cases:

a) Fully meeting all quality criteria as stipulated in this Circular;

b) For work items involving signal operations or maintenance, painting of signals, minor repairs to signals or electrical signals: less than 2% of the total evaluated signals do not meet requirements or fall under the circumstances specified in point b of Clauses 2, 3, 4 and Clause 5 of the Appendix, and the unit or contractor has completed corrective repairs and improvements within three days from the date of inspection and acceptance, confirmed by the project owner or their representative or supervising consultant (if applicable).

2. The score is 95% of the maximum points for the work item in the following cases:

a) One criterion of the work item does not meet requirements;

b) For work items involving signal operations or maintenance, painting of signals, minor repairs to signals or electrical signals: between 2% and 5% of the total evaluated signals do not meet requirements and have not been fully corrected and repaired within three days from the date of inspection and acceptance, except for the case specified in point a of this clause.

3. The score is 85% of the maximum points for the work item in the following cases:

a) Two criteria of the work item do not meet requirements;

b) For work items involving signal operations or maintenance, painting of signals, minor repairs to signals or electrical signals: two criteria of the work item do not meet requirements, including between 2% and 5% of the total evaluated signals do not meet requirements and have not been fully corrected and repaired by the unit or contractor within three days from the date of inspection and acceptance.

4. The score is 70% of the maximum points for the work item in the following cases:

a) Three or more criteria of the work item do not meet requirements;

b) For work items involving signal operations or maintenance, painting of signals, minor repairs to signals or electrical signals: three criteria of the work item do not meet requirements, including between 2% and 5% of the total evaluated signals do not meet requirements and have not been fully corrected and repaired by the unit or contractor within three days from the date of inspection and acceptance.

5. For work items involving signal operations or maintenance, painting of signals, minor repairs to signals or electrical signals: between 5% and 30% of the total evaluated signals do not meet requirements and have not been fully corrected and repaired by the unit or contractor within three days from the date of inspection and acceptance, the score corresponds to the percentage of non-compliant signals.

6. The score is "0" points in the following cases:

a) The unit does not perform and does not provide documentation proving the results of performance;

b) For work items involving signal operations or maintenance, painting of signals, minor repairs to signals or electrical signals: three criteria of the work item do not meet requirements, including more than 30% of the total evaluated signals do not meet requirements.

b) For works items that involve signaling operations or maintenance, painting of signals, minor signal repairs, or electrical signaling: there are three criteria for the work item that fail to meet requirements, including more than 30% of signals failing to meet requirements out of the total number of signals.