Circular No. 10/2014/TT-BXD on certain contents regarding the management of construction quality for individual houses

CIRCULAR

Provisions on certain aspects of the management of construction quality for individual houses

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

Pursuant to the Housing Law No. 56/2005/QH11 dated November 29, 2005;

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 the Government Decree No. 15/2013/NĐ-CP dated February 6, 2013 on the management of construction project quality (hereinafter referred to as Decree No. 15/2013/NĐ-CP);

Pursuant to the Government Decree No. 12/2009/NĐ-CP dated February 12, 2009 on the management of investment construction projects and the Government Decree No. 83/2009/NĐ-CP dated October 15, 2009 amending some articles of the Government Decree No. 12/2009/NĐ-CP dated February 12, 2009 on the management of investment construction projects;

Pursuant to the Government Decree No. 71/2010/NĐ-CP dated June 23, 2010 detailing and guiding the implementation of the Housing Law;

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

The Minister of Construction issues this Circular prescribing certain aspects of the management of construction quality for individual houses.

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

This Circular prescribes the management of construction quality for individual houses within the territory of Vietnam.

Article 2. Applicability

This Circular applies to organizations, households, and individuals (hereinafter referred to as the house owner) when constructing individual houses.

Article 3. Explanation of Terms

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

1. Individual house (hereinafter referred to as the house) is a construction project built on the land area belonging to the household or individual according to the provisions of the law, including cases where it is constructed on a plot of land of a housing project.

2. 2. For housing seven stories or more, the survey must be conducted by a qualified survey organization as prescribed. is a construction project adjacent to the constructed house, sharing or not sharing structural components (foundation, column, wall, floor, roof...) with the constructed house.

3. Adjacent construction project 3. For housing seven stories or more, the design must be carried out by an organization or individual with sufficient capacity as prescribed and must be reviewed in accordance with Point b, Clause 1, Article 26 of Decree No. 59/2015/ND-CP dated June 18, 2015 of the Government on project investment construction management.

Article 4. Basic principles in the management of construction quality for individual houses

The survey, design, and construction work of individual house projects carried out by the house owner and related organizations and individuals must ensure compliance with planning, adhere to construction permits, relevant construction technical standards, ensure safety for the construction project and adjacent construction projects, ensure labor safety, environmental hygiene, and other relevant legal provisions.

Chapter II

SURVEY AND DESIGN OF INDIVIDUAL HOUSES

Article 5. Survey of individual houses

Depending on the scale of housing, construction surveys shall be conducted in accordance with the following regulations:

1. For individual houses with a total floor area of 250 square meters or less, two floors or fewer, the house owner may conduct the construction survey themselves if they have experience in similar tasks and bear legal responsibility for the quality of the survey to ensure the safety of the individual house and adjacent construction projects.², from 2 floors or less, the house owner may conduct the construction survey themselves if they have experience in similar tasks and bear legal responsibility for the quality of the survey to ensure the safety of the individual house and adjacent construction projects.

It is encouraged for the house owner to hire a contractor with sufficient capacity as prescribed to carry out geological surveys of the construction project.

2. For individual houses with a total floor area greater than 250 square meters, three floors or more, the house owner must hire a contractor with sufficient capacity as prescribed to carry out geological surveys of the construction project.², three floors or more, the house owner must hire a contractor with sufficient capacity as prescribed to carry out geological surveys of the construction project.

Article 6. Design of individual houses

1. For individual houses with a total floor area of 250 square meters or less, two floors or fewer, the house owner may conduct the construction survey themselves if they have experience in similar tasks and bear legal responsibility for the quality of the survey to ensure the safety of the individual house and adjacent construction projects.², from 2 floors or less, the design of the house shall be carried out as follows:

a) Any organization or individual may design if they have sufficient capacity and experience in designing similar-sized houses and bear legal responsibility for the quality of the design.

b) In rural areas, when building a single-story house with a simple structure, it is not mandatory to prepare detailed design drawings, but the house owner can construct according to a model house that has already been built, but must bear legal responsibility for the quality of the construction project.

c) It is encouraged for the house owner to hire an organization or individual with sufficient capacity as prescribed to design the house.

2. For individual houses with a total floor area greater than 250 square meters, three floors or more, the house owner must hire a contractor with sufficient capacity as prescribed to carry out geological surveys of the construction project.², three floors or more, or houses located in cultural heritage sites or historical and cultural relics, or cases of adding floors to houses, the design must be carried out by an organization or individual with sufficient capacity for construction design activities.

3. For houses seven floors or higher, the house owner must submit the design documents to the specialized agency on construction according to the分级任务的原因是确保每个部分的翻译都准确无误，并且符合法律文本的专业性和准确性要求。由于每一段都是独立的法律条文或定义，保持其独立性有助于确保翻译的一致性和精确性。以下是直接翻译结果：

Chapter III

GUIDELINES FOR QUALITY MANAGEMENT IN CONSTRUCTION

INDIVIDUAL HOUSES

Article 7. Capacity Conditions for Organizations and Individuals when Constructing Housing

1. For individual houses with a total floor area of 250 square meters or less, two floors or fewer, the house owner may conduct the construction survey themselves if they have experience in similar tasks and bear legal responsibility for the quality of the survey to ensure the safety of the individual house and adjacent construction projects.², for houses with two floors or less, all organizations and individuals may construct on their own if they have experience in constructing similar-sized housing and bear responsibility for quality, safety, and environmental hygiene.

2. For individual houses with a total floor area greater than 250 square meters, three floors or more, the house owner must hire a contractor with sufficient capacity as prescribed to carry out geological surveys of the construction project.², for houses with three floors or more or in cases of adding floors to existing housing, the construction organization must meet the capacity conditions as prescribed.

Article 8. Quality Management during Construction of Housing

1. During the construction process, the homeowner shall be responsible for organizing supervision or authorizing a representative to supervise construction and inspect the following main contents:

- The quality of building materials, components, equipment... before being put into construction;

- The formwork system, scaffolding, and construction frames;

- Measures to ensure labor safety during construction;

- Covering measures to ensure safety and environmental hygiene for people and adjacent structures.

2. For houses with seven floors or more, immediately after commencement, the homeowner must submit a report to the Department of Construction providing information about the project such as the name and contact address of the homeowner, the construction site, the scale and planned progress of the project. During the construction process, the homeowner is responsible for organizing supervision and acceptance in accordance with the provisions of Government Decree No. 15/2013/ND-CP and Circular No. 10/2013/TT-BXD dated July 25, 2013 of the Ministry of Construction detailing certain aspects of construction project quality management. Upon completion of the project, the homeowner is responsible for preparing the file according to the content in Appendix 1 issued together with this Circular to be sent to the Department of Construction for inspection before putting the project into use.

3. The homeowner and related organizations and individuals participating in the construction of the project are liable under the law for the work contents they undertake.

Article 9. Maintenance of Housing

The homeowner is responsible for maintaining their housing in accordance with the provisions of Government Decree No. 114/2010/ND-CP dated February 6, 2010 on maintenance of construction projects, and Circular No. 02/2012/TT-BXD dated June 12, 2012 of the Ministry of Construction guiding certain aspects of maintenance of civil, industrial, and urban infrastructure construction projects.

Article 10. Resolution of Disputes between Homeowners and Owners of Adjacent Structures

1. Before construction, the homeowner should proactively contact the owners of adjacent structures to check the current status and record any defects of the adjacent structures (if any).

2. During construction, if signs of subsidence, cracking, leakage, or risk of collapse due to the impact of housing construction are discovered in adjacent structures, the homeowner must cooperate with the owners of adjacent structures to examine, determine the cause, and agree on remedial measures. In case the parties cannot reach an agreement, disputes arising between the homeowner and the owners of adjacent structures shall be resolved in accordance with the law.

Chapter IV

IMPLEMENTATION

Article 11. Handling Violations in Housing Construction Activities

1. Administrative violations in housing construction activities are handled in accordance with the provisions of Government Decree No. 121/2013/ND-CP dated October 10, 2013 on administrative penalties for violations in construction activities; exploitation, production, and business of construction materials; management of technical infrastructure projects; and development of housing and office buildings; and Circular No. 02/2014/TT-BXD dated February 12, 2014 of the Ministry of Construction detailing and guiding the implementation of certain articles of Government Decree No. 121/2013/ND-CP dated October 10, 2013 on administrative penalties for violations in the field of construction activities; real estate business; exploitation, production, and business of construction materials; management of technical infrastructure projects; and development of housing and office buildings.

2. Handling of violations of housing construction order is carried out in accordance with the provisions of Chapter V of Government Decree No. 180/2007/ND-CP dated December 7, 2007 detailing and guiding the implementation of certain articles of the Construction Law on handling violations of urban construction order.

Article 12. Responsibilities of the People's Committee of the province in managing the quality of housing

1. Assigning and delegating responsibilities for state management of the quality of individual housing to the Construction Department and the People's Committee of the district.

2. Directing, inspecting organizations and individuals in implementing construction-related regulatory documents on housing within their jurisdiction; handling any errors discovered during inspections according to the aforementioned contents.

Article 13. Provisions on transition

1. For housing construction projects that have commenced before this Circular takes effect, the management of housing construction quality shall be carried out in accordance with Circular No. 39/2009/TT-BXD dated December 9, 2009, issued by the Ministry of Construction, guiding the management of the quality of individual housing construction.

2. For housing construction projects that commence after this Circular takes effect, the management of housing construction quality shall be carried out in accordance with the provisions of Decree No. 15/2013/NĐ-CP and this Circular.

Article 14. Effective Date

1. This Circular takes effect from September 1, 2014, and replaces Circular No. 39/2009/TT-BXD dated December 9, 2009, issued by the Ministry of Construction, guiding the management of the quality of individual housing construction.

2. During the implementation process, if there are any difficulties, organizations and individuals related to the matter are requested to send their feedback to the Ministry of Construction for consideration and guidance./.