Circular No. 10/2013/TT-BXD detailing certain contents regarding construction project quality management

CIRCULAR

Detailed regulations on certain contents

concerning quality management of construction worksg

_______________________

BASED ON Decree No. 62/2013/ND-CP dated June 25, 2013 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Construction;

Pursuant to Decree No. 15/2013/NĐ-CP dated February 6, 2013 of the Government on Quality Management of Construction Works (hereinafter referred to as Decree No. 15/2013/NĐ-CP);

Pursuant to Decree No. 12/2009/NĐ-CP dated February 12, 2009 of the Government on Project Management for Investment Construction Works; Decree No. 83/2009/NĐ-CP dated October 15, 2009 of the Government amending and supplementing certain articles of Decree No. 12/2009/NĐ-CP dated February 12, 2009 of the Government on project management for investment construction works;

Pursuant to Decree No. 108/2009/NĐ-CP dated November 27, 2009 of the Government on Investment under Build-Operate-Transfer Contracts, Build-Transfer-Operate Contracts, and Build-Transfer Contracts (hereinafter referred to as Decree No. 108/2009/NĐ-CP); Decree No. 24/2011/NĐ-CP dated April 5, 2011 of the Government amending certain articles of Decree No. 108/2009/NĐ-CP dated November 27, 2009 on investment under Build-Operate-Transfer Contracts, Build-Transfer-Operate Contracts, and Build-Transfer Contracts (hereinafter referred to as Decree No. 24/2011/NĐ-CP);

Pursuant to Decision No. 71/2010/QĐ-TTg dated November 9, 2010 of the Prime Minister on Pilot Regulations on Investment under Public-Private Partnership Form;

Considering the proposal of the Director of the National Construction Quality Control Agency;

The Minister of Construction issues this Circular detailing certain contents regarding quality management of construction works.

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation and Applicability

2. Applicability:

a) This Circular details certain contents of quality management of construction works as prescribed in Decree No. 15/2013/NĐ-CP, applicable to all types of construction works funded from any sources;

b) Contents related to design review, verification, and approval, quality management of individual housing construction, and other relevant contents are regulated in other circulars issued by the Ministry of Construction.

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.

Organizations and individuals, both domestic and foreign, involved in quality management of construction works within the territory of Vietnam.

Article 2. Allocation of responsibilities for quality management of construction works between the investor and the project management board or project management consultant

1. The investor shall be responsible for organizing quality management of construction works from survey, design to construction, acceptance, and warranty of the works, including:

a) Selecting contractors with sufficient capacity to perform construction activities of the works; approving subcontractors participating in construction activities proposed by the main contractor or general contractor in accordance with the contract;

b) Managing the quality of construction survey and design of the works in accordance with Articles 13, 18, and 21 of Decree No. 15/2013/NĐ-CP and other relevant provisions in this Circular;

c) Managing the quality of construction of the works in accordance with Article 24 of Decree No. 15/2013/NĐ-CP and other relevant provisions in this Circular;

d) Organizing the acceptance of construction works in accordance with Article 31 of Decree No. 15/2013/NĐ-CP and other relevant provisions in this Circular;

đ) Implementing the warranty of construction works in accordance with Chapter V of Decree No. 15/2013/NĐ-CP;

e) Storing project files in accordance with Article 28 of this Circular;

g) Resolving incidents in accordance with Chapter VI of Decree No. 15/2013/NĐ-CP and other relevant provisions in this Circular;

h) Fulfilling requirements of state management agencies on construction in accordance with laws during the investment and construction of works.

3. In case the investor delegates to the project management board, the investor shall be responsible for directing, inspecting, and bearing responsibility for the results of the project management board's implementation. The project management board shall bear responsibility before the investor and the law according to the tasks and authorities delegated by the investor.

4. In case the investor hires a project management consultant, the delegation of the investor to the project management consultant must be clearly stipulated in the contract. The investor shall be responsible for inspecting, urging, and monitoring the implementation of the contract by the project management consultant. The project management consultant shall bear responsibility before the investor and the law for the implementation of commitments in the contract.

5. In case the investor performs design and construction of the works themselves, the investor shall establish an independent quality management department for the works separate from the design and construction departments to manage the quality of the works in accordance with the provisions of this Article.

Article 3. Allocation of responsibility for managing the quality of construction works in cases where the design-build-supply (EPC) contract form and the design-and-build (EC) contract form are applied.

1. The project owner does not directly manage the overall quality of the construction work, but must perform the following tasks:

a) Establish the design assignment;

b) Select the general contractor and check the capacity conditions of the general contractor during implementation compared to the bidding documents; designate subcontractors in situations permitted under the laws on contracts in construction activities;

c) Check the capacity conditions and approve the main subcontractors proposed by the general contractor according to the contract provisions;

d) Inspect and approve the construction design of the work prepared by the general contractor;

đ) Approve the construction progress schedule of the work;

e) Inspect and approve the main construction materials, products, and technological equipment used in the work;

g) Witness the acceptance or directly participate in the acceptance of some construction works and important construction phases carried out by the general contractor and subcontractors;

h) Accept the completion of individual items and construction works for use;

i) Implement or require the general contractor to implement the requirements of the state management agencies regarding construction works in accordance with the law during the investment and construction process.

2. The general contractor is responsible for organizing the management of the quality of the works they undertake and those undertaken by subcontractors, including:

a) Establishing and proposing to the project owner a quality control procedure for all works undertaken by the general contractor and subcontractors;

b) Controlling the quality of surveying, designing, and construction works they undertake in accordance with Decree No. 15/2013/NĐ-CP and related guiding circulars;

c) Selecting subcontractors meeting the capacity conditions as prescribed;

d) Supervising and accepting the works performed by subcontractors;

đ) The general contractor is responsible to the project owner for the quality of the works performed by subcontractors.

Article 4. Allocation of responsibility for managing the quality of construction works in cases where the construction-only (C) contract form, the design-and-supply (EP) contract form, and the supply-and-construction (PC) contract form are applied.

1. Investors are responsible for:

a) Organizing the management of the quality of construction works in accordance with Clause 1, Article 2 of this Circular for works directly undertaken by the general contractor and main contractors;

b) Checking the capacity and approving subcontractors proposed by the general contractor according to the contract provisions; designating subcontractors in situations permitted under the laws on contracts in construction activities; witnessing the acceptance or directly participating in the acceptance of some construction works carried out by subcontractors when necessary.

2. The general contractor is responsible for:

a) Fulfilling the responsibilities of a contractor regarding the management of the quality of construction works in accordance with Decree No. 15/2013/NĐ-CP and related regulatory legal documents for works they undertake;

b) Selecting subcontractors meeting the capacity conditions as prescribed; supervising and accepting the works performed by subcontractors;

The general contractor is responsible to the project owner and to the law for the quality of construction works performed by subcontractors.

3. Subcontractors fulfill the responsibilities of a contractor regarding the management of the quality of construction works in accordance with Decree No. 15/2013/NĐ-CP and related regulatory legal documents for the portion of work they undertake as stipulated in the construction contract.

Article 5. Allocation of responsibility for managing the quality of construction works in cases where investment is carried out under Build-Operate-Transfer (BOT), Build-Transfer-Operate (BTO), Build-Transfer (BT), and Public-Private Partnership (PPP) contracts.

1. The project enterprise shall be responsible for:

a) Selecting consulting contractors, purchasing goods, carrying out construction work, and other contractors to implement the project in accordance with the provisions of the Law on Bidding.

The results of contractor selection must be notified to the competent state agency signing the BOT, BTO, BT, or PPP contract within fifteen working days from the date of the decision on contractor selection.

b) Preparing technical designs based on feasibility studies reports and the project contract, and submitting them to the competent state agency signing the BOT, BTO, BT, or PPP contract for supervision and inspection.

c) Managing and supervising the construction work itself, or hiring independent consulting organizations to manage and supervise the construction work, inspect individual components, and the entire construction work according to the agreed design in compliance with the Construction Law and the project contract.

d) Fulfilling all responsibilities for managing the quality of the construction work as stipulated in Article 2 of this Circular.

đ) Transferring technology, training, providing warranty, and maintaining the construction work in accordance with the requirements of the project contract and relevant laws.

2. The competent state agency signing the BOT, BTO, BT, or PPP contract shall be responsible for:

a) Receiving and checking the results of the contractor selection by the project enterprise against the requirements of the project contract and relevant laws.

b) Supervising and inspecting the technical designs prepared by the project enterprise in accordance with current regulations, or reviewing the technical designs in accordance with Decree No. 15/2013/NĐ-CP if the competent state agency signing the BOT, BTO, BT, or PPP contract is also the state management agency for construction; considering and deciding on changes to the technical designs compared to the feasibility study report.

c) Supervising and evaluating the compliance of the investor and the project enterprise with requirements regarding planning, objectives, scale, technical standards, quality of construction works, capital mobilization progress, implementation of the project, environmental protection, and other issues agreed upon in the project contract. Conducting inspections of the project enterprise's acceptance procedures for construction works in accordance with Decree No. 15/2013/NĐ-CP if the competent state agency signing the BOT, BTO, BT, or PPP contract is also the state management agency for construction.

d) Organizing quality appraisals, valuations, and conditions of construction works as agreed in the project contract, compiling a list of transferred assets, identifying any damages (if any), and requiring the project enterprise to carry out repairs and maintenance of the construction works.

đ) Only accepting the transfer when the construction works and related equipment and assets necessary for operation have been maintained and repaired to meet technical and quality requirements and the contents agreed upon in the project contract.

e) Cooperating with the project enterprise to prepare handover documents serving as legal grounds for transferring the construction works.

g) Managing and operating the construction works according to its functions and authorities, or entrusting the investor to manage and operate the construction works according to the agreement in the project contract after receiving the construction works.

3. The responsibilities of the project enterprise and the competent state agency signing the BOT, BTO, BT, or PPP contract in managing the quality of construction works must be clearly defined in the project contract.

Article 6. Technical Guidelines

1. Organizations establish and approve technical guidelines:

a) The project owner organizes the establishment and approval of technical guidelines for construction projects as specified in Clause 3, Article 7 of Decree No. 15/2013/NĐ-CP;

b) During the construction process of the project, if necessary, contractors involved in the construction activities may submit to the project owner for approval of additional detailed contents of the technical guidelines;

c) For projects implemented under the EPC general contracting and EC general contracting forms, this general contractor organizes the preparation of technical guidelines based on the requirements of the project owner;

d) For projects not required to prepare technical guidelines, the contents of the technical guidelines are stipulated in the design description of the construction project, construction drawings, and in the supervision and quality control procedures of the construction project.

2. The technical guidelines of the project include a general section and specific technical guidelines for each main construction work. Technical guidelines must clearly express the technical requirements that the construction contractor must implement; specifying allowable construction errors, technical requirements, and inspection procedures for materials, construction products, equipment, and technology used and installed in the project.

3. Consulting contractors refer to model technical guidelines issued by the Ministry of Construction, specialized construction management ministries, or professional associations to prepare specific technical guidelines for each project.

Article 7. Classification of construction projects as specified in Clause 2, Article 6 of Decree No. 15/2013/NĐ-CP

1. The classification of construction projects specified in this circular serves as the basis for implementing the following tasks:

a) Specifying the types of projects that must prepare technical guidelines;

b) Specifying the publication of information on the capacity of organizations and individuals engaged in construction activities;

c) Specifying the types of projects that must be reviewed by state management agencies regarding design and acceptance inspections before putting the project into use;

d) Specifying the classification of incidents and their resolution during the construction process;

đ) Specifying the warranty period for construction projects;

e) Specifying other related tasks.

2. The classification of construction projects is determined according to the following procedure:

a) Based on the scale, capacity, and importance of the project as stipulated in Appendix 1 of this circular;

b) Based on the durability requirements, fire resistance level, and other technical requirements of the project as stipulated in relevant national technical standards (if applicable);

c) The project classification is selected based on the highest level determined in Points a and b of this Clause.

3. The project classification is determined for each individual project component within the investment construction project.

Chapter II

QUALITY MANAGEMENT OF CONSTRUCTION SURVEY AND DESIGN PROJECTS

AND PROJECT CONSTRUCTION DESIGN

Article 8. Tasks of Construction Survey

1. The survey tasks must be established in accordance with the scale of the project, type of construction survey, and design stage. The project owner may hire consulting organizations or experts to provide comments or review the construction survey tasks when necessary.

The construction survey tasks prepared by the construction design contractor form the basis for preparing the tender documents for construction surveys. In the bidding documents for construction surveys, the survey contractor is responsible for preparing the construction survey technical plan as stipulated in Article 9 of this circular. The project owner may hire a survey contractor to prepare survey tasks to serve the purpose of site selection, preparation of the Investment Construction Project Report, and preparation of the Investment Construction Project Proposal.

2. The main contents of the construction survey tasks include:

a) Purpose of construction survey;

b) Scope of construction survey;

c) Construction survey methods and applicable construction survey standards (if necessary);

d) Estimated volume of various construction survey works;

đ) Time frame for conducting construction surveys.

3. The construction survey tasks may be amended or supplemented in the following cases:

a) During the implementation of construction surveys, discovering unusual factors that may directly affect the design solution;

b) During the design process, the design contractor finds that the survey documents do not meet the design requirements;

c) During construction, discovering unusual factors compared to survey data that may affect the quality of the project and construction methods.

Article 9. Technical Survey Construction Plan

1. The technical survey construction plan must meet the following requirements:

b) It must comply with applicable construction survey standards.

b) Compliance with national technical standards and construction survey standards applicable.

2. Contents of the technical survey construction plan:

a) Basis for formulating the technical survey construction plan;

b) Components and volume of construction survey work;

c) Survey methods, equipment, and laboratories used;

d) Applied construction survey standards;

đ) Organization to implement and self-quality control measures of the construction survey contractor;

e) Implementation schedule;

g) Measures to protect infrastructure works and related construction works within the survey area;

h) Environmental protection measures during the survey process (water sources, noise, exhaust gases...);

i) Budget estimate for the survey work.

Article 10. Supervision of Construction Survey Work

1. The construction survey contractor is responsible for organizing self-quality control of the construction survey, quality control measures must be reflected in the technical survey construction plan.

2. Contents of construction survey supervision by the project owner:

a) Checking the actual capacity of the construction survey contractor including manpower, survey equipment at the site, and laboratories used compared to the approved survey plan and the provisions of the construction survey contract;

b) Monitoring and inspecting the implementation of construction surveys including: survey location, survey volume, survey implementation procedures, data retention and sample testing; laboratory and field testing inspections; labor safety and environmental safety inspections during the survey implementation process.

3. The project owner and the construction survey contractor agree on inspection forms, logbooks, and acceptance certificates for off-site survey work to apply during the implementation of construction survey work supervision as stipulated in Clause 2 of this Article.

Article 11. Content of the Construction Survey Result Report

1. Basis for conducting construction surveys.

2. Overview of the location and natural conditions of the construction survey area, characteristics, scale, and nature of the project.

3. Volume of completed construction survey work.

4. Survey results and data after testing and analysis.

5. Evaluation opinions, notes, and recommendations (if any).

6. Conclusions and recommendations.

7. Attached appendices.

Article 12. Acceptance of the Construction Survey Result Report

1. Basis for acceptance:

a) Construction survey contract;

b) Approved construction survey tasks and technical survey construction plans;

c) Construction survey result report of the construction survey contractor.

2. Content of acceptance:

a) Quality check of the construction survey result report against the approved construction survey tasks and technical survey construction plans;

b) Inspection of the volume of completed construction survey work, examining compliance with specifications, quantity, and other contents according to the provisions of the construction survey contract;

c) Conclusion on the acceptance of the construction survey result report.

3. Acceptance components:

a) Legal representative of the project owner or authorized person;

b) Project owner's survey supervisor;

c) Legal representative of the construction survey contractor or authorized person;

d) Survey head of the construction survey contractor.

4. Contents of the acceptance certificate for the construction survey result report include: acceptance object; direct acceptance components; acceptance time and location; acceptance conclusion (meets requirements or does not meet requirements); signatures, names, positions of legal representatives and corporate seals of the direct acceptance components.

Article 13. Design Tasks for Construction Projects

1. The project owner shall be responsible for determining the design tasks or hiring consultants to establish the design tasks for construction projects. The design tasks for construction projects must be consistent with the investment construction report (pre-feasibility study report) or the approved investment proposal by the competent authority.

The design tasks for construction projects serve as the basis for establishing the investment project for construction projects. The project owner may invite consulting organizations or experts to provide comments or review the design tasks when deemed necessary.

2. The main contents of the design tasks for construction projects include:

a) The bases for establishing the design tasks;

b) The objectives of constructing the project;

c) The construction location;

d) Requirements related to planning, landscape, and architecture of the project;

đ) Requirements regarding the scale, lifespan, functionality, and other requirements of the project.

3. The design tasks for construction projects may be supplemented or modified to suit actual conditions to ensure the effectiveness of the construction investment project.

Article 14. Requirements for Self-Control of Design Quality and Design Documentation Formats for Construction Projects

1. The design contractor shall be responsible for implementing internal inspection procedures for the design documentation during the design process and before delivering the design documentation to the project owner or the general contractor. The design contractor may designate individuals or departments within their organization or hire other organizations or individuals to perform quality control inspections. The design inspector must sign and confirm on the design drawings.

2. The design documentation prepared for each project includes the design description, calculations, design drawings, relevant construction survey documents, construction cost estimates, and maintenance procedures (if applicable).

3. The design drawings must have dimensions, scales, and frame titles displayed according to applicable standards in construction activities. Within each drawing's frame title, there must be the name, signature of the direct designer, design inspector, chief designer, project manager, legal representative of the design contractor, and the stamp of the construction project design contractor, except in cases where the design contractor is an independent individual practitioner.

4. The descriptions, drawings, and cost estimates must be compiled into a unified set of design documentation with an index, numbered, and marked for easy reference and long-term preservation.

5. In cases where the design contractor acts as the general design contractor, this contractor must undertake the primary sections or key technologies of the project and bear full responsibility for fulfilling the design contracting contract with the tenderer. Subordinate design contractors are responsible for the progress and quality of their assigned work to the general contractor and under the law.

Article 15. Acceptance of Design Documentation for Construction Projects

1. Basis for accepting design documentation for construction projects:

a) Contract for awarding and receiving construction design projects;

b) Approved design tasks and previous design documentation;

c) National technical regulations and applied standards;

d) Design documentation for construction projects that have been organized for review and approval by the project owner.

2. Direct acceptance personnel:

a) Legal representative of the project owner;

b) Legal representative of the design contractor;

c) Project chief designer.

3. Contents of the acceptance record for design documentation for construction projects include: object of acceptance; direct acceptance personnel; time and place of acceptance; evaluation of the quantity and quality of the design documentation compared to technical requirements and contract requirements; acceptance conclusion (acceptance or non-acceptance of the design documentation; requests for modifications and supplements, and other recommendations if any); signatures, names, positions of the legal representatives and stamps of the legal entities of the direct acceptance personnel.

4. The acceptance of design documentation for construction projects is carried out to facilitate payment, settlement, and termination of the design contract between the project owner and the construction project design contractor.

Chapter III

QUALITY MANAGEMENT IN CONSTRUCTION PROJECTS,

CLASSIFICATION OF INCIDENTS DURING THE CONSTRUCTION PROCESS

AND OPERATION AND USE OF PROJECTS

Article 16. Plan and Measures for Quality Control of Construction Projects During the Construction Phase

Prior to commencing construction, the project owner and construction contractors must agree on the contents regarding the quality management systems of the project owner and contractors; plans and measures for quality control based on technical guidelines and proposals from contractors, including:

1. Organizational chart, list of departments and individuals responsible for managing the quality of the construction project according to the construction contract; rights and obligations of these subjects in quality management work.

2. Quality assurance objectives and policies.

3. Plan for organizing testing and quality inspection; monitoring and measuring technical parameters of the project according to design requirements and technical guidelines.

4. Measures for inspecting and controlling the quality of materials, components, construction products, and equipment installed in the project.

5. Procedures for inspecting and supervising construction work, manufacturing and installation of equipment; determining construction tasks, construction phases, or parts of the construction project that need acceptance; regulations on acceptance criteria, participants in acceptance, and formats of acceptance records.

6. Measures for ensuring labor safety, environmental protection, fire prevention, and explosion prevention during construction.

7. Procedures for establishing and managing relevant documents and files during the construction process; forms and contents of construction diaries; inspection checklists; internal reporting procedures and reporting to the project owner; issuance and handling procedures for notifications of opinions from all parties and procedures for resolving issues arising during the construction process.

8. Agreement on the language used in related documents, materials, and files during construction. When the project owner or contractor is a foreign entity, the language used in documents, materials, and files shall be Vietnamese and English.

9. Other contents related to the construction contract as prescribed.

Article 17. Management of Material, Component, Construction Product, and Equipment Quality Installed in the Project

1. Materials, components, construction products, project equipment, and technological equipment (collectively referred to as products) must be subject to quality control according to technical standards applicable to the project, design requirements, provisions of the construction contract, and related documents.

The project owner and product buyer are responsible for organizing inspections and approving the source of products before their use and installation in the construction project.

2. The form of product quality control is defined as follows:

a) For industrial products that are already commercialized:

The project owner and product buyer shall inspect the origin, labeling, manufacturer's declaration of conformity, compliance certification, and standardization certification (if necessary) in accordance with the Law on Product Quality, the Trade Law, and other relevant laws. The project owner or buyer may conduct inspections at the production facility or request testing and quality verification when necessary as agreed in the contract. The production and supply facilities have the responsibility to provide certificates, certifications, and other related documents as required to the buyer to prove the origin and quality of the goods.

b) For products manufactured specifically for the construction project according to design requirements:

In cases where products are produced at industrial production facilities, the project owner or buyer shall inspect the quality according to the provisions of Point a of this Clause combined with periodic or spot checks during production. In cases where products are directly produced at the construction site, the project owner or general contractor shall organize supervision of production activities similar to other construction works as stipulated.

c) For building materials extracted from mines:

The project owner and material supplier shall organize surveys to assess the quality and reserves of the mine according to design requirements, standards, and related technical specifications; conduct periodic and spot checks during extraction.

All relevant parties must perform tests and quality inspections of products according to design requirements, standards, and technical specifications applicable to the project.

Article 18. Construction Site Diary and As-Built Drawings

1. The construction contractor shall be responsible for establishing a construction site diary for the construction project; this diary must be paginated, stamped with the contractor's seal, and confirmed by the project owner. The construction site diary may be established for each sub-project or the entire construction project.

2. The construction contractor, the construction supervisor appointed by the project owner when the owner directly supervises the construction work, or the construction supervisor appointed by the contractor when the owner hires a consulting firm to supervise (hereinafter referred to as the construction supervisor appointed by the project owner) shall regularly record the construction site diary, including the following information:

a) The development of construction conditions (temperature, weather, and related information), the progress of construction work, and the acceptance of daily construction tasks on-site; detailed descriptions of incidents, damages, and other issues arising during the construction process;

b) Recommendations and directives from relevant parties to address emerging issues.

3. The construction contractor shall be responsible for preparing as-built drawings for parts, sub-projects, and the entire construction project that they undertake. Concealed parts of the project must have as-built drawings prepared or actual dimensions measured before proceeding with subsequent work. The method of preparation and confirmation of as-built drawings is provided in Appendix 2 of this Circular.

Article 19. Supervision System for Construction Work and Author Supervision by the Design Contractor

1. All construction projects under construction must implement a supervision system. It is encouraged to implement a supervision system for individual house construction.

The project owner who hires a consultant to supervise or conducts supervision themselves must have the necessary qualifications to perform construction supervision activities. Individuals conducting construction supervision must hold a valid construction supervision practice certificate appropriate to the type and level of the construction project.

2. The construction supervisor appointed by the project owner, the project company, or the general contractor shall be responsible for implementing the contents stipulated in Decree No. 15/2013/NĐ-CP and the provisions of this Circular during the supervision of construction work.

3. Author Supervision System:

a) The design contractor shall appoint individuals with sufficient capacity to conduct author supervision according to regulations during the construction process;

b) Upon discovering construction work that deviates from the design, the author supervisor must record it in the construction site diary, requesting compliance with the design and issue a written notice to the project owner;

c) The design contractor shall participate in the acceptance of the construction project upon request by the project owner. Through author supervision or during participation in the acceptance process, if any sub-project or construction project does not meet the acceptance criteria, the design contractor must submit a written report to the project owner detailing the reasons for non-compliance.

Article 20. Acceptance of Construction Work

1. Basis for accepting construction works:

a) The inspection, supervision, and acceptance procedures agreed upon between the project owner and relevant contractors;

b) The contractor's acceptance request form;

c) The contractor's internal inspection and acceptance record (if any);

d) The construction design drawings and design changes approved by the project owner related to the subject of acceptance;

e) Relevant technical instructions;

f) Related monitoring, measurement, and testing results;

g) The construction work diary and other documents related to the subject of acceptance.

2. Content and Procedure for Acceptance of Construction Work:

a) Inspect the completed construction work at the site;

b) Check the actual monitoring and measurement data, comparing them with the design requirements;

c) Review the testing and measuring results;

d) Evaluate the compliance of the construction work with the design requirements;

e) Conclude on the acceptance of the construction work to proceed to the next phase. In cases where the construction work cannot be accepted, the construction work supervisor of the project owner or general contractor must provide the reasons in writing or record them in the construction work diary.

3. Direct Participants in the Acceptance of Construction Work:

a) The construction work supervisor of the project owner or general contractor for turnkey construction contracts;

b) The direct construction work supervisor of the construction contractor or subcontractor for turnkey construction contracts;

c) For turnkey construction contracts, the construction work supervisor of the project owner may witness the acceptance process or directly participate in it when necessary.

4. Acceptance Record of Construction Work:

a) The contents of the acceptance record include: the subject of acceptance (clearly stating the name of the accepted work); direct participants in the acceptance; time and location of acceptance; acceptance conclusion (acceptance or non-acceptance, agreement to proceed with subsequent construction works; repair and completion requirements for the work already performed, and other requirements if applicable); signatures, full names, and positions of those directly involved in the acceptance;

b) The acceptance record may include appendices if necessary;

c) The acceptance record of construction work can be prepared for each individual construction work or collectively for multiple construction works within a project component according to the construction sequence.

5. The responsible person of the project owner or general contractor must organize timely acceptance, not exceeding 24 hours from receipt of the contractor's acceptance request, or notify the contractor in writing of the reasons for rejecting acceptance.

In cases where the project owner witnesses the acceptance of the general contractor for subcontractors, if the project owner's supervisor does not attend the acceptance and does not provide written comments, the general contractor may still proceed with the acceptance of the subcontractor's work. The acceptance record in this case remains legally valid.

Article 21. Acceptance of construction phase or part of a construction project

1. The acceptance of a construction phase or part of a project may be conducted when these parts begin to bear loads according to design or for settlement of quantities or completion of a construction contract package.

2. The basis for acceptance includes documents as prescribed for the acceptance of construction work under Clause 1, Article 20 of this Circular and relevant acceptance records of construction work related to the construction phase or part of the project being accepted.

3. The investor, the construction supervision representative of the investor, the general contractor, and the construction contractors involved shall agree on the time, procedure, and content of acceptance, and the participants in the acceptance process.

4. The results of acceptance shall be recorded in a record including the following contents: the object of acceptance (clearly stating the name of the part of the project, the construction phase being accepted); the direct acceptance team; time and location of acceptance; acceptance conclusion (accepting or not accepting acceptance and agreeing to proceed with the next construction phase; requirements for repair, improvement of the part of the project, completed construction phase, and other requirements if any); signatures, names, and positions of those participating in the acceptance. The acceptance record may include relevant appendices.

Article 22. Acceptance of completion of a project component or construction project for use

1. Basis for acceptance:

a) Documents prescribed at Points a, b, c, d, and đ Clause 1, Article 20 of this Circular relating to the object of acceptance;

b) Records of acceptance of construction works, construction phases, or parts of construction projects that have been implemented (if any);

c) Results of monitoring, measurement, testing, calibration, trial operation of the equipment system, and quality inspection results of the project (if any);

d) As-built drawings of construction works;

đ) Approval documents of competent state management agencies regarding fire prevention and explosion control; environmental safety; operational safety as prescribed;

e) Conclusions of specialized agencies on construction regarding the inspection of the acceptance process for putting the project into use as stipulated in Article 32 of Decree No. 15/2013/NĐ-CP;

2. Content and procedure for acceptance:

a) Inspect the quality of the project, project components at the site in comparison with design requirements and technical instructions;

b) Inspect the as-built drawings;

c) Inspect test data, measurement, monitoring results, testing, calibration, trial operation results of the equipment system; quality inspection results of the project (if any);

d) Inspect agreement documents, confirmation, or approval documents of competent state management agencies regarding fire prevention and explosion control, environmental safety, operational safety; inspect the acceptance process for putting the project into use and other related documents;

đ) Inspection of operating procedures and maintenance procedures for construction works;

e) Conclusion on the acceptance of the construction project for exploitation and use. The acceptance results shall be recorded in a record according to the content prescribed in Clause 4 of this Article.

3. Direct acceptance personnel:

a) Investor's side: legal representative or authorized representative of the investor, person responsible for the construction supervision department of the investor; legal representative and person responsible for the construction supervision department of the contractor performing construction supervision (if any);

b) Construction contractor's side: legal representative and person in charge of construction of the general contractor, relevant main construction contractors;

c) Design contractor's side participating in acceptance upon the investor's request: legal representative and chief designer;

d) In case the investor is not the project manager or user, the investor may invite the project manager or user to witness the acceptance during the acceptance process.

4. The acceptance record of the completion of a project component or construction project includes the following contents:

a) Object of acceptance (name of the project component or project being accepted);

b) Time and location of acceptance;

c) Participants in the acceptance;

d) Evaluation of the quality of the completed construction project component or construction project compared to design tasks, technical instructions, and other contract requirements;

đ) Acceptance conclusion (accepting or not accepting the completion acceptance of the project component or construction project for use; requirements for repair, improvement, and other opinions if any); signatures, names, positions of legal representatives and corporate seals of the direct acceptance team; the acceptance record may include relevant appendices if necessary.

5. A construction project component may still be accepted for use even if there are some design errors or construction defects but they do not affect the load-bearing capacity, lifespan, functionality, aesthetics of the project, and do not hinder the exploitation and use of the project according to design requirements. The parties involved must specify the deadline for correcting these errors and record it in the acceptance record.

Article 23. Handover of construction projects and construction works

1. In cases where the project investor is not the management or user of the construction work, the project investor shall be responsible for handing over the construction work to the management and user of the construction work after organizing the final acceptance of the construction work. The results of the handover must be recorded in a protocol.

2. When conducting the handover of the construction work, the project investor must provide the management and user of the construction work with the following documents:

a) Maintenance procedures, operation procedures of the construction work; design files, completion drawings, and other relevant documents related to the operation and maintenance of the construction work;

b) List of equipment, spare parts, and materials that have not been installed or used.

3. In cases where the Build-Operate-Transfer (BOT), Build-Transfer-Operate (BTO), and Build-Transfer (BT) contract forms are applied, the competent state agency and the investor must consider the fulfillment of the conditions for transfer stipulated in the Project Contract, the provisions of Decree No. 108/2009/NĐ-CP, and Decree No. 24/2011/NĐ-CP.

4. The management and user of the construction work shall be responsible for receiving, managing, operating, and maintaining the construction work according to the law from the time of taking over the handover of the construction work for use. During the warranty period of the construction work, the project investor and contractors shall be responsible for performing their obligations under the law regarding the warranty of the construction work.

5. During the period when the project investor has not yet handed over the construction work to the management and user of the construction work, the project investor shall be responsible for temporarily managing, operating, and maintaining the construction work.

Article 24. Inspection of the acceptance process for putting construction works into use as prescribed in Article 32 of Decree No. 15/2013/NĐ-CP

1. For construction works falling within the scope prescribed in Clause 1, Article 21 of Decree No. 15/2013/NĐ-CP, after commencement, the project investor shall be responsible for reporting to the specialized agency in charge of state management of construction quality (hereinafter referred to as the specialized construction management agency) according to the classification specified in Article 25 of this Circular the following information: name and contact address of the project investor, name of the construction work, location of construction, scale and planned construction progress of the construction work.

2. The specialized construction management agency shall be responsible for notifying the project investor of the inspection plan for the construction work, including:

a) Plan, content, and documents and materials required to be inspected at certain stages of important construction phases. The number of inspections depends on the scale and technical nature of the construction work but shall not exceed four times for special-grade construction works, three times for first-grade construction works, and two times for other construction works, except in cases where there are quality issues during construction or other situations proposed by the project investor;

b) Plan, content, and documents and materials required to be inspected before the project investor organizes the acceptance of the construction work for use.

3. The specialized construction management agency shall conduct the final inspection after receiving the report on the completion of construction from the project investor according to the form specified in Appendix 3 of this Circular. The inspection content must be recorded in a protocol, focusing mainly on compliance with laws to ensure the safety of the construction work, its functionality, and safe operation according to the design, specifically:

a) Visual inspection of the construction work components and verification of monitoring and measurement data;

b) Inspection of compliance with laws on construction quality management based on reviewing the completed construction work files established according to the form specified in Appendix 5 of this Circular and exchanging views with relevant parties during the inspection;

c) Inspection of compliance with other relevant laws on construction.

4. During the inspection, the specialized construction management agency may require the project investor and contractors to explain and clarify the inspection contents or designate consulting organizations to perform testing of construction components and sections showing signs of non-compliance with quality requirements or lacking quality assurance as per the design requirements.

5. The specialized construction management agency must notify the project investor of the inspection results within the time limit specified in Point d, Clause 3, Article 32 of Decree No. 15/2013/NĐ-CP. The notification of the inspection results shall be prepared according to the form specified in Appendix 4 of this Circular.

6. The specialized construction management agency has the right to request public institutions or organizations and individuals with appropriate capabilities to participate in inspecting the acceptance process for putting construction works into use.

Article 25. Competence to inspect the acceptance work for putting construction projects into use as prescribed in Article 32 of Decree No. 15/2013/NĐ-CP

1. The specialized agencies under the Ministry of Construction shall inspect the following projects:

a) Class I and above projects regardless of funding sources, including residential buildings, public works, technical infrastructure projects, and cement factories;

b) Class II and III projects belonging to public works, residential buildings, cement factories, and technical infrastructure projects within investment projects decided by the Minister of Construction;

c) National important projects assigned by the Prime Minister.

2. The specialized agencies under the Ministry of Industry and Trade shall inspect the following projects:

c) Class II, III, and IV projects belonging to oil refining and petrochemical plants, gas processing facilities, warehouses, and pipelines for gasoline, diesel, liquefied gas, hazardous chemical production and storage plants, and industrial explosives production and storage plants within investment projects decided by the Minister of Industry and Trade;

d) National important industrial projects assigned by the Prime Minister.

3. The specialized agencies under the Ministry of Transport shall inspect the following projects:

a) Class I and above projects regardless of funding sources, including bridges, tunnels, roads, railways, airports, ship lifts, inland waterway ports, and cable car systems for passenger transport;

b) Class II and III projects belonging to bridges, tunnels, and roads within investment projects decided by the Minister of Transport;

c) Class II, III, and IV projects belonging to railways, airports, ship lifts, inland waterway ports, and cable car systems for passenger transport within investment projects decided by the Minister of Transport;

d) National important transportation projects assigned by the Prime Minister.

4. The specialized agencies under the Ministry of Agriculture and Rural Development shall inspect the following projects:

a) Class I and above projects regardless of funding sources, including water reservoirs, dams, spillways, water intake structures, drainage structures, canals, closed pipelines for water conveyance, hydraulic tunnels, levees, revetments, pumping stations, and other hydraulic works;

b) Class II, III, and IV projects belonging to water reservoirs, dams, spillways, water intake structures, drainage structures, canals, closed pipelines for water conveyance, hydraulic tunnels, levees, revetments, and pumping stations within investment projects decided by the Minister of Agriculture and Rural Development;

c) National important agricultural and rural development projects assigned by the Prime Minister.

5. The specialized agencies under the Ministry of Public Security and the Ministry of Defense shall conduct inspections on construction projects within their respective fields of national defense and security according to regulations of the Ministry of Public Security and the Ministry of Defense.

6. Departments of Construction and specialized construction management departments shall inspect the acceptance work of project owners for construction projects within their respective areas of management as follows:

a) Department of Construction: Class II and III cement factories; construction projects specified in Point a, Point b, and Point e Clause 1 Article 21 of Decree No. 15/2013/NĐ-CP, except for projects specified in Clause 1 of this Article;

c) Department of Transport: construction projects specified in Point d Clause 1 Article 21 of Decree No. 15/2013/NĐ-CP, except for projects specified in Clause 3 of this Article;

d) Department of Agriculture and Rural Development: construction projects specified in Point đ Clause 1 Article 21 of Decree No. 15/2013/NĐ-CP, except for projects specified in Clause 4 of this Article.

7. Joint inspection of the acceptance work for putting construction projects into use:

a) In cases where an investment project includes multiple construction projects with different types and classes, the specialized agency responsible for inspecting the main construction project of the investment project shall organize the inspection of all construction projects and components that must be inspected according to this Article and invite relevant specialized agencies to participate in the inspection process;

The main project referred to in this clause is an independent project or a cluster of components with the highest class forming the primary function of the investment project;

b) Specialized agencies under ministries managing specialized construction projects shall invite the specialized agency under the Ministry of Construction to participate in the final inspection of the acceptance work for specialized construction projects as stipulated in Point đ Clause 1 Article 43 of Decree No. 15/2013/NĐ-CP;

c) Specialized construction management departments shall invite the Department of Construction to participate in the final inspection of the acceptance work for specialized construction projects as stipulated in Point c Clause 2 Article 45 of Decree No. 15/2013/NĐ-CP.

8. Based on the actual conditions of each locality, the People's Committee of the province may delegate inspection responsibilities for some Class III and IV projects under the responsibility of the Department of Construction and specialized construction management departments to the People's Committee of the district, urban area management boards, and industrial zone management boards to implement.

Article 26. Control testing, quality inspection, and load-bearing capacity testing of construction structures during construction

1. Control testing may be carried out in the following cases:

a) As stipulated in the construction contract or technical instructions for construction projects with difficult and complex factors in construction quality control (for example: large-scale projects, long construction periods; projects constructed along routes or in remote areas; projects using multiple material suppliers...);

b) When construction materials, products, and construction quality show signs of not meeting the requirements of technical instructions or design specifications;

c) At the request of state management agencies for construction.

2. Quality inspection and load-bearing capacity testing of construction structures shall be conducted in the following cases:

a) As stipulated in the construction contract or technical instructions based on design requirements;

b) When construction projects, project components, or parts of construction projects exhibit signs of not meeting design quality requirements;

c) When incidents occur during construction that affect the quality of construction project components or the entire construction project;

d) At the request of competent state authorities signing BOT, BTO, BT, PPP contracts (for construction projects under investment projects implemented through BOT, BTO, BT, PPP contracts) and at the request of state management agencies for construction when necessary.

3. Consulting organizations conducting control testing, quality inspection, and load-bearing capacity testing of construction structures must meet the prescribed capacity conditions.

In cases where control testing, quality inspection, and load-bearing capacity testing of construction structures are carried out at the request of state management agencies for construction or competent state authorities signing BOT, BTO, BT, PPP contracts, consulting organizations performing these tasks must be approved by the aforementioned agencies.

4. Contractors responsible for constructing construction projects and suppliers or manufacturers of construction products must bear the costs of control testing, quality inspection, and load-bearing capacity testing of construction structures as provided for in Point b Clause 1 and Point b Clause 2 of this Article if the test results prove the contractor's primary fault. For other cases, the costs of these activities shall be included in the total investment cost of the construction project.

Article 27. Completion Documents for Construction Projects

1. The project owner is responsible for organizing the preparation of completion documents.

2. The list and format of completion documents for construction projects are specified in Appendix 5 of this Circular.

3. Completion documents for construction projects must be fully prepared before the project components or the entire project are put into operation. These documents can be compiled once for the entire investment project or separately for each project or component within the project.

Article 28. Archiving Completion Documents for Construction Projects

1. The project owner shall be responsible for archiving completion documents for construction projects for a minimum period of ten years for projects under Group A, seven years for projects under Group B, and five years for projects under Group C from the date of acceptance and putting the project or project component into use.

2. State management agencies for construction, contractors participating in construction activities shall be responsible for archiving related documents concerning their respective tasks. The archiving period shall be as prescribed for the project owner in Clause 1 of this Article.

3. Management and usage documents for construction projects shall be archived by the person managing or using the project for a minimum period equal to the lifespan of the project according to the regulations on maintenance of construction projects.

4. Historical documentation of construction projects shall be archived in accordance with the laws on archiving.

Article 29. Guidelines for Resolving Disputes Regarding Quality of Construction Projects

1. Disputes regarding quality of construction projects arise when there are differing opinions on the quality of products, parts of the project, and the construction project itself, and measures to rectify quality defects.

Disputes regarding quality may occur between parties involved in the construction project or between these parties and owners, managers, users of adjacent construction projects and other relevant parties.

2. Resolution of disputes regarding quality of construction projects shall be conducted in the following sequence:

a) Self-negotiation among disputing parties;

b) Selection, agreement, and engagement of organizations or individuals with sufficient capacity as prescribed to conduct inspections and evaluations of the quality of construction projects and propose remedial solutions.

Disputing parties may request guidance from state management agencies for construction at the appropriate level to resolve disputes;

c) Initiating litigation and resolving disputes through the court, procedures to be carried out in accordance with relevant laws.

Article 30. Reports by Project Owners to State Management Agencies for Construction

The project owner shall be responsible for reporting on the quality of the project and quality management work to state management agencies for construction in the following cases:

1. The project owner shall submit a report on completed construction works to specialized agencies for construction at the appropriate level for components and projects that must be inspected by such agencies as stipulated in Articles 24 and 25 of this Circular.

2. In exceptional circumstances, the project owner shall be responsible for preparing reports as specifically requested by authorized state management agencies for construction.

3. When a project incident occurs, within twenty-four hours, the project owner must report the incident as prescribed in Clause 2 of Article 37 of Decree No. 15/2013/NĐ-CP, including information such as: name of the project, component of the project where the incident occurred; location of construction; time of occurrence of the incident; the project owner and contractors involved in the construction of the project or component where the incident occurred; casualties (number of fatalities, number injured, number missing); damage to the project, other material losses related to the incident; preliminary determination of the cause of the incident and other necessary contents (if any).

For operating projects, the person managing or using the project shall be responsible for reporting incidents occurring during operation.

Article 31. Classification of incidents during construction and operation and use of works

The types of incidents during construction and operation and use of works specified in Clause 1, Article 36 of Decree No. 15/2013/NĐ-CP shall be classified according to the degree of damage to the works, persons, and materials as follows:

1. Classification based on the degree of damage to the works (including main works, temporary works, adjacent works, and auxiliary structures):

a) A particularly serious incident is an incident occurring in cases where the entire work or a particularly important component of the work has collapsed, or a part of the work has been seriously damaged causing instability that may lead to the collapse of the entire work or a particularly important component of the work.

b) A Class I incident is an incident occurring in cases where a Class I work or component has collapsed, or a part of the work has been seriously damaged causing instability that may lead to the collapse of a Class I work or component.

c) A Class II incident is an incident occurring in cases where a Class II or Class III work or component has collapsed, or a part of the work has been seriously damaged causing instability that may lead to the collapse of a Class II or Class III work or component.

d) A Class III incident is an incident occurring in cases where a Class IV work or component has collapsed, or a part of the work has been seriously damaged causing instability that may lead to the collapse of a Class IV work or component.

đ) For incidents involving the collapse of auxiliary structures serving construction such as temporary supports, scaffolding, tower cranes, and similar structures, classification shall be made according to the provisions for work incidents based on the scale of the structures as stipulated in Appendix 1 of this Circular.

2. Classification based on the degree of material damage caused by incidents affecting works, and fire or explosion incidents causing damage to works (including incidents causing damage to construction products during construction):

a) A particularly serious incident is an incident causing damage of VND 20 billion or more to the work or a part of the work.

b) A Class I incident is an incident causing damage of VND 10 billion to less than VND 20 billion to the work or a part of the work.

c) A Class II incident is an incident causing damage of VND 3 billion to less than VND 10 billion to the work or a part of the work.

d) A Class III incident is an incident causing damage of less than VND 3 billion to the work or a part of the work.

3. Classification based on the degree of personal injury caused by incidents of workplace safety during construction shall be carried out in accordance with the provisions of labor laws.

4. Project owners, contractors, owners of works, or authorized representatives, and related agencies and organizations shall base their reporting of incidents, handling of incidents, investigation of causes of incidents, and preparation of incident records as provided for in Articles 37, 38, 39, and 40 of Decree No. 15/2013/NĐ-CP. For incidents specified in Clause 3 of this Article, project owners and contractors must report to competent state authorities in accordance with labor laws.

5. The level of the incident shall be determined based on the highest level specified in Clauses 1 and 2 of this Article.

ChapterIV

STATE MANAGEMENT OF QUALITY OF CONSTRUCTION PROJECTS

Article 32. Periodic and Spot Inspections by State Management Agencies for Construction

1. Establishing plans for periodic inspections:

a) The specialized agencies under the Ministry of Construction shall establish plans for periodic inspections of state management activities regarding construction project quality by relevant ministries, sectors, and localities; and conduct periodic inspections of quality management activities and construction project quality nationwide;

b) Specialized agencies under the ministries managing specific construction projects shall establish plans for inspections of state management activities regarding the quality of specific construction projects by localities; and conduct inspections of quality management activities and the quality of specific construction projects nationwide;

c) Departments of Construction shall establish plans for periodic inspections of state management activities regarding the quality of specific construction projects by specialized construction project management departments, state management activities regarding construction project quality by provincial People's Committees, and the quality of construction projects within their jurisdictions;

d) Specialized construction project management departments shall establish plans for periodic inspections of quality management activities and the quality of specific construction projects within their jurisdictions;

đ) Ministries managing specific construction projects and local Departments of Construction shall submit their periodic inspection plans to the Ministry of Construction for monitoring, consolidation, and coordination in inspection planning.

2. Contents of periodic inspections:

a) Inspection of compliance with legal regulations on construction project quality management;

b) Inspection of construction component quality through visual observation and test data, measurement, and survey results; certification if necessary;

c) Inspection of other contents as prescribed by laws governing construction project investment activity management.

3. Spot inspections concerning construction project quality management activities:

a) Construction specialized agencies shall carry out spot inspections of a specific construction project upon request from the Government, ministers of relevant ministries, agencies at ministerial level, chairpersons of People's Committees at all levels, or when receiving citizen feedback or media reports;

b) Construction specialized agencies shall conduct inspections of a group of construction projects based on specific contents when signs of non-compliance with quality standards or violations of quality management regulations are detected in these projects.

Article 33. Reports on Quality and Quality Management Activities of Construction Projects

1. Provincial People's Committees shall compile and report on the quality situation and quality management activities of construction projects within their jurisdictions to the Ministry of Construction before December 15 each year and provide spot reports as required according to the form specified in Appendix 6 of this Circular.

2. Relevant ministries: Ministry of National Defense, Ministry of Public Security, and ministries managing specific construction projects shall prepare reports on the quality situation and quality management activities of construction projects managed by their ministries and send them to the Ministry of Construction before December 15 each year according to the form specified in Appendix 7 of this Circular.

3. Other ministries and sectors shall compile and report on the quality situation and quality management activities of construction projects managed by their ministries and sectors to the Ministry of Construction before December 15 each year according to the form specified in Appendix 8 of this Circular.

4. Departments of Construction, specialized construction project management departments, and district-level People's Committees shall periodically and promptly report to provincial People's Committees on compliance with regulations on construction project quality management and the quality situation of construction projects within their jurisdictions.

Article 34. Handling Violations in Construction Quality Management

1. When violations by subjects participating in construction activities are discovered during inspections as prescribed in Articles 24 and 32 of this Circular, the competent state management agency for construction shall be responsible for:

a) Requesting organizations and individuals related to the violations to rectify them;

b) Proposing measures to handle the violations according to the laws on administrative penalties in construction activities and sending such proposals to the construction inspection agencies including the Ministry of Construction's Inspection Department and the Construction Departments' Inspection Agencies where the construction projects are located. The construction inspection agencies shall handle the cases in accordance with the law and notify the results of their handling to the state management agency for construction;

c) Announcing the names and violation acts of subjects participating in construction activities on the electronic information websites of the Ministry of Construction, specialized construction management ministries, and the Construction Departments where the construction projects are located.

2. Suspension of Construction Work:

a) The heads of specialized departments under the Ministry of Construction and specialized construction management ministries have the authority to suspend construction work in cases as stipulated in Clause 2, Article 46 of Decree No. 15/2013/NĐ-CP.

Within 24 hours from the decision to suspend construction work, the head of the department mentioned above shall report to the Minister of Construction and the specialized construction management ministry about their decision to suspend construction work;

b) The Directors of Construction Departments and specialized construction management departments have the authority to suspend construction work within their jurisdiction in cases as stipulated in Clause 2, Article 46 of Decree No. 15/2013/NĐ-CP within their jurisdiction.

Within 24 hours from the decision to suspend construction work, the head of the department mentioned above shall report to the Chairman of the Provincial People's Committee about their decision to suspend construction work;

c) The head of the agency deciding to suspend construction work as provided in Points a and b of this Clause shall be responsible for organizing inspections of the rectification efforts by the project owner and contractors; and deciding to allow resumption of construction work after the project owner and contractors have rectified the deficiencies and ensured safety.

Chapter V

IMPLEMENTING PROVISIONS

Article 35. Provisions on Transition

1. Regarding the classification of construction projects for quality management purposes as specified in Article 7 of this Circular:

a) For investment projects that have been decided upon before this Circular takes effect, the classification of the construction project within the investment project shall be determined based on the investment decision;

b) For investment projects decided upon after this Circular takes effect, the classification of the construction project within the investment project shall be determined according to the provisions of this Circular.

2. Regarding certification of sufficient load-bearing safety conditions and certification of compliance with construction quality standards:

a) For construction works and components thereof which have contracts and have implemented certification of sufficient load-bearing safety conditions or certification of compliance with construction quality standards before April 15, 2013 but have not yet received certificates, the project owner and certification organizations shall continue to implement until completion of the construction works and components. The state management agency for construction shall base its conclusion on the site inspection results and the certification organization's certification results to verify the project owner's acceptance procedures before putting the construction works into use;

b) The provisions related to load-bearing safety certification in Article 43 of Government Decree No. 71/2010/NĐ-CP dated June 23, 2010 detailing and guiding the implementation of the Law on Housing and Point a, Clause 2, Article 9 of Circular No. 16/2010/TT-BXD of the Ministry of Construction detailing and guiding the implementation of certain contents of Government Decree No. 71/2010/NĐ-CP dated June 23, 2010 detailing and guiding the implementation of the Law on Housing shall be abolished from the date Decree No. 15/2013/NĐ-CP takes effect.

3. Regarding inspection of acceptance procedures for construction works required to be inspected before being put into use as stipulated in Article 24 of this Circular:

a) For construction works accepted for completion and put into use before the effective date of Decree No. 15/2013/NĐ-CP, the acceptance procedures shall be carried out according to the provisions of Government Decree No. 209/2004/NĐ-CP dated December 16, 2004 on construction quality management;

b) For construction works accepted for completion after April 15, 2013, the acceptance procedures must be conducted according to the provisions of Decree No. 15/2013/NĐ-CP.

Article 36. Effective Date

This Circular takes effect from September 9, 2013 and replaces Circular No. 27/2009/TT-BXD dated July 31, 2009 guiding certain contents on construction quality management; the contents on certification of sufficient load-bearing safety conditions and certification of compliance with construction quality standards as stipulated in Circular No. 03/2011/TT-BXD dated April 6, 2011 guiding the operation of inspection, appraisal, and certification of sufficient load-bearing safety conditions and certification of compliance with construction quality standards; and Circular No. 02/2006/TT-BXD dated May 17, 2006 guiding the storage of design documents and completion drawings of construction works issued by the Ministry of Construction.

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./.