Decision No. 10/2008/QD-BXD on the issuance of regulations on the capacity conditions of contractors when carrying out works, project components, or construction projects with special requirements.

Pursuant to …;

Regarding the issuance of regulations on the qualifications of contractors when carrying out works, sub-projects, or construction projects with special requirements

__________________________

 THE MINISTER OF CONSTRUCTION

Pursuant to the Construction Law No. 16/2003/QH11 dated November 26, 2003;

Pursuant to Decree No. 17/2008/NĐ-CP dated February 4, 2008 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Construction;

Pursuant to Decree No. 16/2005/NĐ-CP dated February 7, 2005 of the Government on project management for investment in construction works;

Pursuant to Decree No. 112/2006/NĐ-CP dated September 29, 2006 of the Government amending and supplementing certain articles of Decree No. 16/2005/NĐ-CP dated February 7, 2005 of the Government on project management for investment in construction works;

At the proposal of the Director of the Construction Management Department;

DECISION:

Article 1. Issued herewith is the "Regulations on the Qualifications of Contractors When Carrying Out Works, Sub-Projects, or Construction Projects With Special Requirements"

Article 2. This Decision shall take effect fifteen days from the date of publication in the Official Gazette.

Article 3. Construction organizations, relevant agencies, organizations, and individuals are responsible for implementing this Decision.

REGULATIONS

QUALIFICATIONS OF CONTRACTORS WHEN CARRYING OUT WORKS, SUB-PROJECTS, OR CONSTRUCTION PROJECTS WITH SPECIAL REQUIREMENTS

(Issued together with Decision No.: 10/2008/QĐ-BXD dated June 25, 2008 of the Minister of Construction)

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 Chapter I.

GENERAL PROVISIONS

Article 1. Purpose

The issuance of these Regulations aims to stipulate the qualifications of contractors when carrying out works, sub-projects, or construction projects with special requirements to ensure construction quality; safety for people, works, and adjacent works.

Article 2. Scope and Applicability

These Regulations apply to organizations and individuals involved in carrying out works, sub-projects, or construction projects with special requirements.

Article 3. Explanation of Terms

In this Regulation, the following terms shall be understood as follows:

1. Works, sub-projects, or construction projects with special requirements: are works, sub-projects, or construction projects with complex technical aspects that may cause accidents during construction, requiring that they be carried out by contractors with sufficient qualifications to ensure quality; safety for people, works, and adjacent works.

2. Relevant Specialty: is the specific field of expertise of the site manager, technical supervisor, and technical staff trained appropriately for works, sub-projects, or construction projects with special requirements under these Regulations, specifically for:

1. Supplementing Point 6a following Article 6 of Circular No. 02/2019/TT-BVHTTDL dated July 5, 2019 of the Minister of Culture, Sports and Tourism on the procedures for legal expertise regarding copyright and related rights as follows: Foundation treatment work using barret piles or drilled shafts: requires construction or geotechnical engineering specialty.

b. Demolition work: requires construction specialty.

c. Installation of super-heavy equipment: requires mechanical engineering specialty.

d. Underground construction of buildings: requires construction specialty.

e. Dam construction: requires water resources or hydropower construction specialty.

g. Tank, reservoir, pipeline installation for oil, gas, and gas transportation: requires construction or mechanical engineering specialty.

h. Civil and industrial construction projects: requires civil and industrial construction specialty.

. Tower-type construction projects: requires construction or mechanical engineering specialty.

k. Bridge construction projects: requires bridge and road construction specialty.

l. Underground construction projects: requires underground construction and mining or bridge and tunnel construction specialty.

m shall be used. Marine construction projects: requires marine construction specialty.

Chapter II.

QUALIFICATIONS OF CONTRACTORS WHEN CARRYING OUT WORKS, SUB-PROJECTS, OR CONSTRUCTION PROJECTS WITH SPECIAL REQUIREMENTS

Article 4. Works, project components, construction projects with special requirements

The works, project components, and construction projects with special requirements under this Regulation include:

1. Works:

a. Foundation treatment using barret piles and drilled shafts for various types of construction projects.

b. Demolition of structures with a height of 10 meters or more.

c. Installation of super heavy and extra long equipment.

2. Project Components:

a. Basements of high-rise buildings, underground parking lots, and other types of structures.

b. Dams with a height exceeding 25 meters: including concrete dams, earth dams, rock dams of water conservancy and hydropower projects.

c. Tanks, reservoirs, pipelines for oil, gas, and air.

3. Construction Projects:

a. High-rise buildings with 20 floors or more or structures with a span of 36 meters or more.

b. Tower structures with a height of 50 meters or more.

c. Bridges with a main span length of 100 meters or more, arch bridges with a height of 50 meters or more, and bridges with piers of 30 meters or more in height.

d. Underground projects: such as tunnels of mining, hydropower, transportation, and other types of projects.

e. Marine projects: such as sea dike projects, offshore drilling platforms, marine oil and gas pipelines, and other offshore projects.

Article 5. Qualification Conditions of Contractors

Contractors undertaking the works, project components, or construction projects with special requirements as stipulated in Article 4 of this Regulation must meet the following qualification conditions:

1. The site manager or technical supervisor of the contractor must have a bachelor's degree in a relevant field, at least seven consecutive years of experience in construction work, and must have participated in at least one similar special requirement work, project component, or construction project of the same type or the next lower level.

2. Technical staff of the contractor working on the project must have a bachelor's or associate's degree in a relevant field, at least two consecutive years of experience in construction work for those with a bachelor's degree, and four years for those with an associate's degree.

3. Direct technical workers performing the works, project components, or construction projects with special requirements must hold appropriate vocational training certificates. For operators and controllers of major construction machinery and equipment requiring strict safety standards, they must have at least one year of experience.

4. Major machinery and equipment for the works, project components, or construction projects with special requirements must be inspected according to regulations, meeting technical requirements and operational safety standards.

5. The contractor must have participated in at least one similar special requirement work, project component, or construction project of the next lower level.

6. Depending on the volume of work and scale of the project, the contractor undertaking the works, project components, or construction projects with special requirements must have sufficient technical staff, technical workers, and machinery and equipment to ensure the corresponding qualification conditions for each work, project component, and construction project as prescribed in this Regulation. The contractor may subcontract to ensure compliance with the qualification conditions set forth in Clauses 1, 2, 3, and 4 of this Article.

Chapter III.

IMPLEMENTATION

Article 6. Responsibilities of the Project Owner

1. Select contractors with sufficient capacity conditions to perform works, project components, or construction projects with special requirements as stipulated herein and bear legal responsibility for selecting contractors without sufficient capacity conditions to perform such works or construction projects with special requirements when accidents occur causing casualties and property damage.

2. Continuously supervise contractors' performance in accordance with current regulations, suspend or halt construction until contractors meet the capacity conditions stipulated in the signed contract and as provided herein.

3. Other responsibilities as prescribed by law.

Article 7. Responsibilities of Contractors

1. Only accept bids for works, project components, or construction projects with special requirements when having sufficient capacity conditions as stipulated herein.

2. Adhere to technical standards, approved designs; organize self-supervision to ensure construction quality and acceptance in accordance with current regulations.

3. Bear responsibility before the Project Owner and the law for performing works, project components, or construction projects with special requirements without having sufficient capacity conditions as stipulated herein.

4. Before implementing works, project components, or construction projects with special requirements, must have approved construction methods in accordance with regulations and management plans to limit risks and prevent accidents.

5. Other responsibilities as stipulated by law.

Article 8. Responsibilities of relevant agencies

1. The Ministry of Construction assigns the Department of Construction Activities Management to organize guidance and inspection of the implementation of this Regulation.

2. Ministries, sectors, People's Committees of provinces have the responsibility to organize guidance and inspection of the implementation of this Regulation for project owners under their management. Specifically, People's Committees of provinces direct relevant agencies to organize inspections and handle violations by project owners and contractors in implementing this Regulation locally.

3. Departments of Construction have the responsibility:

a. To organize inspections of contractors' capacity conditions when constructing works, project components, or construction projects with special requirements on their jurisdictional territory in accordance with this Regulation.

b. To suspend construction and handle according to their authority or report to competent authorities for handling when contractors violate laws and this Regulation while performing works, project components, or construction projects with special requirements.