Circular No. 11/2005/TT-BXD guiding the inspection and certification of construction project quality compliance

CIRCULAR

Guidelines for inspection and certification of quality

of construction works

Pursuant to Decree No. 36/2003/NĐ-CP dated April 4, 2003 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Construction;

Pursuant to Decree No. 209/2004/NĐ-CP dated December 16, 2004 of the Government on management of construction work quality;

Pursuant to Decree No. 179/2004/NĐ-CP dated October 21, 2004 of the Government stipulating state management of product and commodity quality;

The Ministry of Construction guides the work of inspection and certification of quality of construction works as follows:

This technical regulation sets out technical requirements, testing methods, sampling procedures; management requirements; responsibilities of organizations and individuals producing, trading, and importing cigarettes.

Scope of application

This Circular guides the inspection and certification of quality of construction works as prescribed in Article 28 of Decree No. 209/2004/NĐ-CP dated December 16, 2004 of the Government on management of construction work quality.

Investors, construction contractors, domestic and foreign organizations certifying quality must comply with the provisions of this Circular when conducting inspections and certifications of quality of construction works within the territory of Vietnam.

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.

a) Construction works that must have quality certification before being put into use include works where accidents may occur, posing catastrophic risks to people, property, and the environment, such as: large-scale gathering places like theaters, cinemas, circuses, conference halls, schools, sports stadiums, gymnasiums, supermarkets, and similar construction works; residential buildings, hospital buildings, office buildings, hotel buildings, chemical, oil, gas processing, oil storage, gas storage facilities regardless of their level, and levees, dams, bridges, tunnels from Level II upwards;

b) Quality certification of construction works shall be carried out upon request of competent state management agencies; insurance organizations; users or managers of the works (referred to as the requesting party).

3. Contents of inspection and certification of quality of construction works:

a) For construction works specified in point a, Clause 2, Section I of this Circular, depending on safety requirements set for the works, the contents of inspection and certification of quality suitability may be one, several, or all of the following:

- Safety regarding the load-bearing capacity of the works;

- Safe use, operation, and maintenance of the works;

- Fire prevention and firefighting safety;

- Environmental safety.

b) For construction works specified in point b, Clause 2, Section I of this Circular: The scope of inspection and certification of quality suitability is a part, a category, or the entire work according to specific quality criteria set by the requesting party.

4. Explanation of terms

a) Certification of quality suitability of construction works (hereinafter referred to as quality certification of construction works) is confirmation that the completed construction works meet usage requirements, construction standards applicable to the works, approved design of the works, and legal documents on construction work quality management.

b) Organization certifying quality of construction works (hereinafter referred to as quality certification organization) is an organization with appropriate capability to perform inspection and certification of quality of construction works according to the type and level of the works.

II. INSPECTION AND CERTIFICATION OF QUALITY OF CONSTRUCTION WORKS

1. Selection of quality certification organizations

a) For construction works that require quality certification, investors select and enter into contracts with quality certification organizations having the required capability as stipulated in Clause 5, Section II of this Circular, suitable for the type and level of the works to conduct inspections and certifications of quality. For specialized contents such as fire prevention and firefighting safety, occupational safety, environmental impact assessment, the selected certification organizations must comply with current laws.

Organizations performing quality certification must ensure independence in operations, free from economic interests, and without organizational ties or other forms of binding relationships with investors, design contractors, construction contractors, material and equipment suppliers, project management consultants, and construction supervision consultants of the certified works.

b) For construction works that require quality certification upon request, investors select and enter into contracts for inspection and certification of quality with quality certification organizations. The certification content is determined based on the requesting party's requirements. Quality certification organizations must ensure independence and objectivity as stipulated above and must be agreed upon by the requesting party for selection.

2. Procedure and methods for inspecting quality of construction works

a) Depending on the inspection and certification of quality suitability of construction works as stated in Clause 3, Section I of this Circular, quality certification organizations establish procedures and methods for inspection and certification of quality and must obtain investor agreement.

b) The procedure for inspecting quality of construction works can be divided into the following inspection stages: design documents, materials, equipment, construction steps, and completed works. Depending on the quality certification requirements, inspections can be conducted on one, several, or all of these stages.

c) Inspection methods involve reviewing the investor's quality acceptance documents and probabilistic quality inspection of the works. During inspections, if there are doubts about quality, the investor must clarify. If necessary, quality certification organizations may require the investor to re-inspect the design and re-inspect the quality of the works to have sufficient grounds for conclusions on quality.

3. Certification of quality of construction works

a) Quality certification organizations issue quality certificates for works corresponding to the certification tasks they have performed.

b) For construction works that must have quality certification, the quality certificate of the construction work serves as the basis for putting the work into operation and use. The contents and format of the quality certificate are stipulated in the annex of this Circular. The project owner shall be responsible for sending one copy of the quality certificate along with the report on the inspection results related to the quality certification process to the local state management agency for construction for inspection and management.

c) For construction works that obtain quality certification upon request, the quality certificate confirms that the project owner has met the quality certification requirements set forth by the requesting party.

d) The quality certification by the quality certification organization does not replace and does not reduce the responsibilities of the parties involved in the quality of construction works as prescribed by law.

4. Handling complaints about the results of construction work quality certification

The results of quality certification need to be reviewed when there is a complaint from one of the relevant parties. In cases where the parties cannot resolve disputes themselves, the complaint shall be submitted to the local state management agency for construction for resolution.

5. Qualification conditions for construction work quality certification organizations

a) Quality certification organizations must meet the qualification conditions for construction consultancy activities as prescribed by law, appropriate to the type, level of the construction work, and the content of quality certification. They must have at least five consecutive years of experience in one of the following construction consultancy activities: project management, design, construction supervision, and construction work quality testing without any violations in construction activities.

b) Individuals directly performing inspection and quality certification tasks must hold a professional practice certificate as an architect, engineer, or construction supervision technician suitable for the assigned tasks. These individuals must not have committed any violations in construction activities within the last three years. The staff in charge of leading the inspection and quality certification work must have more than ten years of experience in the relevant field.

III.RIGHTS AND OBLIGATIONS OF ORGANIZATIONS AND INDIVIDUALS INVOLVED IN THE ACTIVITY OF INSPECTION AND QUALITY CERTIFICATION OF CONSTRUCTION WORKS

1. Rights and obligations of the project owner

a) Rights:

- Has the right to select a quality certification organization suitable for the type and level of the construction work;

- Has the right to complain about the results of construction work quality certification;

- Shall perform other rights as agreed in the contract with the quality certification organization and as prescribed by law.

b) Obligations:

- Must organize the implementation of quality certification for construction works that are required to have quality certification;

- Approve the budget estimate and sign the contract for inspection and quality certification with the quality certification organization;

- Has the obligation to provide relevant documentation and certificates and create all necessary conditions for the quality certification activity;

- Must notify the local state management agency for construction about the inspection and quality certification plan for the construction work immediately after signing the inspection and quality certification contract. Send the quality certificate and its supporting documents to this agency immediately after obtaining the quality certification results for inspection and management.

- May only put the construction work into use when it has obtained the required quality certification;

- Must pay the quality certification costs to the quality certification organization even if a quality certificate is not issued due to non-compliance with the construction work quality standards.

- Shall perform other obligations as agreed in the contract with the relevant parties.

2. Rights and obligations of the quality certification organization

a) Rights:

- Has the right to request the project owner and contractor to provide necessary documents for the inspection and quality certification of construction works;

- Has the right to refuse to issue a quality certificate for a construction work if its quality does not meet the design requirements, applicable standards, and regulations;

- Shall perform other rights as agreed in the contract with the project owner and as prescribed by law.

b) Obligations:

- Must ensure honesty and objectivity during the inspection and quality certification process;

- Shall be responsible before the project owner and the law for the results of the inspection and quality certification of the construction work.

3. Rights and obligations of contractors participating in construction activities

a) Rights:

- Has the right to complain about the results of construction work quality certification.

- Shall perform other rights as prescribed by law.

b) Obligations:

- Provide complete documentation and materials related to the inspection and quality certification process as requested by the quality certification organization and the project owner;

- Create favorable conditions for the quality certification organization to carry out its work smoothly;

- Shall perform other obligations as prescribed by law.

IV.STATE MANAGEMENT OVER THE ACTIVITY OF INSPECTION AND QUALITY CERTIFICATION OF CONSTRUCTION WORKS

1. Ministry of Construction:

a) Uniformly manage and guide the quality certification activities of construction works and manage quality certification organizations nationwide;

b) Inspect the situation of quality certification activities for construction works. Coordinate with the local state management agency for construction to inspect the quality certification activities for residential, industrial, and infrastructure construction works of Class I and Special Class when necessary or upon request of the local state management agency.

c) Resolve complaints about the results of construction work quality certification requested by the local state management agency for construction.

d) Has the authority to suspend the quality certification work if violations are detected and designate another quality certification organization to perform this task if necessary.

The National Construction Quality Certification Agency under the Ministry of Construction is the focal point assisting the Ministry of Construction in carrying out the above tasks.

2. Sectoral construction management agencies:

a) Guide the quality certification activities for sector-specific construction works under their management.

b) Inspect the situation of quality certification activities for specialized construction projects. Coordinate with the Ministry of Construction and local construction management authorities to inspect the quality certification activities of Class I and special-class specialized construction projects when necessary according to the分级授权。

c) Have the authority to suspend quality certification work if violations are found in the quality certification process of construction projects and have the authority to designate other quality certification organizations to perform this task.

d) Report to the Ministry of Construction every six months on the situation of quality certification activities for specialized construction projects.

3. People's Committees of Provinces and Cities directly under the Central Government:

a) Guide the inspection and quality certification activities for construction projects within their administrative boundaries;

b) Inspect the quality certification activities for construction projects within their jurisdiction. Receive and manage quality certificates submitted by project sponsors and report consolidated information to the Ministry of Construction. Coordinate with the Ministry of Construction and specialized construction management ministries to inspect quality certification activities for Class I and special-class construction projects.

c) Resolve complaints regarding the results of quality certification for construction projects within their jurisdiction; in complex cases, report to the Ministry of Construction or specialized construction management ministries for guidance on implementation.

d) Have the authority to suspend quality certification work for construction projects within their jurisdiction if violations are found in the quality certification process and may designate a quality certification organization to perform this task when deemed necessary.

The Department of Construction serves as the focal point, coordinating with specialized construction management departments to assist the Chairman of the Provincial People's Committee in implementing these tasks and reporting every six months to the Ministry of Construction on the situation of quality certification activities for construction projects in their locality.

4. Handling Violations

a) Quality certification organizations will be subject to penalties based on the severity of the violation as follows:

- Suspend quality certification work if they fail to comply with the content and procedures stipulated in this Circular.

- Revoke business licenses, refund fees, and compensate according to the law if they intentionally certify the quality of construction projects inaccurately.

b) Other organizations and individuals involved in the inspection and certification of construction projects who violate the provisions of this Circular shall be subject to administrative penalties based on the nature and severity of the violation. If damage is caused, compensation must be provided according to the law.

V. COSTS FOR INSPECTION AND QUALITY CERTIFICATION OF CONSTRUCTION PROJECTS

1. For projects that require quality certification: The costs for inspection and quality certification of construction projects shall be paid by the project sponsor to the quality certification organization from the project management fee. When the inspection and certification costs exceed 35% of the construction supervision fee of the certified object, the project sponsor shall submit it to the investment decision-maker for approval.

2. For projects that require quality certification upon request: The costs for inspection and quality certification shall be paid by the project sponsor or the party requesting the quality certification through an agreement with the project sponsor.

3. The quality certification organization is responsible for preparing a budget estimate for inspection and quality certification work corresponding to the scope and content of the inspection and certification, to be approved by the project sponsor.

VI. IMPLEMENTATION

1. Organization of Implementation

a) Ministries, agencies at the level of ministries, government agencies, provincial people's committees, enterprises, project sponsors, organizations, and individuals related to this Circular shall be responsible for its implementation. During the implementation process, if there are difficulties, they should reflect them to the Ministry of Construction for research and resolution.

b) For ongoing or completed construction projects that require quality certification, the project sponsor must hire a qualified quality certification organization to inspect the completion acceptance documents. The quality certification organization may require the project sponsor to re-inspect the quality before issuing a quality certification certificate if deemed necessary.

2. Effective Date

This Circular takes effect fifteen days after its publication in the Official Gazette./.