Circular No. 08/2019/TT-BXD on supervision and quality management of construction projects invested in under the public-private partnership model

CIRCULAR

Regulations on supervision and management of quality of construction works invested in and constructed under public-private partnership (PPP) model

                                                                                    ­­­_______________

Pursuant to the Law on Construction promulgated on June 18, 2014;

Pursuant to Decree No. 63/2018/NĐ-CP dated May 4, 2018 of the Government on investment under the PPP model (hereinafter referred to as Decree No. 63/2018/NĐ-CP);

Pursuant to Decree No. 46/2015/NĐ-CP dated May 12, 2015 of the Government on quality management and maintenance of construction works (hereinafter referred to as Decree No. 46/2015/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 Construction Quality Supervision Agency;

The Minister of Construction issues this Circular detailing regulations on supervision and management of quality of construction works invested in and constructed under the PPP model.

Article 1. Scope of Regulation and Applicability

Thông tư này quy định chi tiết khoản 4 Điều 38 Luật Thủy sản số 18/2017/QH14 đã được sửa đổi, bổ sung tại điểm c khoản 21 Điều 14 Luật số 146/2025/QH15.

This Circular details the contents regarding supervision and management of quality of construction works according to types of contracts specified in Clauses 3, 4, 5, 6, 7, 8, and 10 of Article 3 of Decree No. 63/2018/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 competent state agencies, agencies authorized under Clause 4 of Article 8 of Decree No. 63/2018/NĐ-CP, investors, project enterprises (hereinafter collectively referred to as investors), and organizations and individuals related to investment and construction of works under the PPP model.

Article 2. Responsibilities for supervision and management of quality of competent state agencies

1. Implement provisions on quality management of construction works stipulated in legal documents on construction and provisions in Clauses 2, 3, 4, and 5 of this Article.

2. For construction works invested in and constructed without applying the BT contract type

a) Check the requirements for capacity and experience of contractors in tender documents or request documents and check the results of contractor selection for project packages (if any) at the pre-project implementation stage before the project enterprise approves according to the project contract;

b) Check compliance with quality management regulations of investors and contractors participating in construction work according to laws on construction and provisions in the project contract. When implementing, the competent state agency shall organize the preparation and approval of inspection outlines including scope of inspection, inspection content, inspection frequency, and other requirements suitable for the tasks to be performed;

c) Request investors to require supervisory consultants and construction contractors to replace personnel if they fail to meet the capacity requirements stipulated in tender documents, request documents, and laws on construction;

d) Request investors to temporarily suspend or halt construction work when discovering incidents causing loss of safety of the work, signs of violation of load-bearing safety regulations, fire prevention and fighting, environmental protection affecting human life, community safety, and safety of adjacent works, and require contractors to organize remediation before resuming construction work;

đ) Organize quality testing of parts of construction works, sub-projects, and entire construction works when there is suspicion about their quality or when requested by state management agencies. The competent state agency shall organize the selection and approve the results of contractor selection for testing according to laws on bidding; inspect the implementation of testing according to regulations. Testing procedures and testing outlines shall be carried out according to laws on construction;

e) Inspect conditions for acceptance of completion of sub-projects and construction works according to Clause 2 of Article 31 of Decree No. 46/2015/NĐ-CP and provisions in the project contract;

g) Organize quality testing of construction works as the basis for transfer according to provisions in the project contract for BOT and BLT contract types upon the end of business operation or service lease period;

h) Coordinate with investors to prepare handover documents;

i) Inspect the organization of warranty and maintenance of construction works according to laws and provisions in the project contract.

3. For construction works invested in and constructed under the BT contract type

a) Implement provisions at point a, đ, h of Clause 2 of this Article;

b) Assign the project management unit or project management board according to Clause 6 of Article 8 of Decree No. 63/2018/NĐ-CP or hire consulting organizations meeting the conditions stipulated by laws on construction to supervise construction work according to Clause 1 of Article 26 of Decree No. 46/2015/NĐ-CP.

In necessary cases, the competent state agency may assign investors to organize the implementation of some contents stipulated in Clause 1 of Article 26 of Decree No. 46/2015/NĐ-CP. The content of work assigned to investors to implement shall be established based on agreement between investors and the competent state agency but shall not include the contents stipulated at points b, d, e, h, n, o of Clause 1 of Article 26 of Decree No. 46/2015/NĐ-CP.

c) Temporarily suspend or halt construction work when discovering incidents causing loss of safety of the work, signs of violation of load-bearing safety regulations, fire prevention and fighting, environmental protection affecting human life, community safety, and safety of adjacent works, and require contractors to organize remediation before resuming construction.

4. Competent state agencies may entrust specialized agencies on construction to implement the provisions mentioned at points a, b, e, i of Clause 2 of this Article; entrust project management boards, project management units to implement the provisions mentioned at points đ, g, h of Clause 2 of this Article. In all cases, the competent state agency must bear responsibility for obligations under signed contracts.

5. The division of responsibilities for supervision and management of quality of construction works between the competent agency signing the project contract and the project enterprise must be clearly stipulated in the project contract.

Article 3. Investor's responsibility for supervision and quality management

1. Fulfill the responsibilities of the project owner in supervising and managing the construction quality of projects in accordance with the laws on construction.

2. Perform obligations as stipulated in the project contract regarding construction quality management.

3. Conduct construction quality supervision based on agreements with competent state agencies as provided for in point b, Clause 3, Article 2 of this Circular.

4. Fulfill other responsibilities as stipulated in the project contract and relevant laws.

5. Organize the transfer of technology, training, warranty, maintenance, and management of the use of construction works in accordance with the requirements of the project contract.

Article 4. Costs for inspection, supervision, and construction quality management

1. Inspection costs as specified in point d, g, Clause 2, Article 2 of this Circular and the responsibility for paying inspection costs shall be determined according to the provisions of Clause 4, Article 29 of Decree 46/2015/NĐ-CP.

2. Construction supervision costs as specified in point b, Clause 3, Article 2 of this Circular shall be determined according to the regulations on investment cost management.

In cases where competent state agencies organize implementation or entrust part of the construction supervision work to investors to carry out as provided for in point b, Clause 3, Article 2 of this Circular, the total construction supervision costs of competent state agencies and investors shall not exceed the prescribed construction supervision costs.

3. The costs for inspecting the supervision and quality management work of competent state agencies as specified in point b, Clause 2, Article 2 of this Circular are part of the supervision contract costs. Competent state agencies shall determine these costs based on the tasks that need to be inspected.

Supervision contract costs are part of the operational costs of the project management unit under competent state agencies and shall be determined according to the regulations on investment cost management.

Article 5. Effective Date

1. This Circular shall take effect from January 1, 2020.

2. Repeal Article 4 of Circular No. 26/2016/TT-BXD dated October 26, 2016, issued by the Minister of Construction detailing certain aspects of construction quality management and maintenance.

3. For public-private partnership investment projects that have signed formal project contracts before this Circular takes effect, supervision and quality management activities shall continue to be carried out in accordance with the provisions of the project contract.

4. During implementation, if there are any difficulties, organizations and individuals should submit their opinions to the Ministry of Construction for consideration and resolution./.