Decree No. 114/2010/ND-CP On Maintenance of Construction Works

DECREE

On the maintenance of construction works

___________

THE GOVERNMENT

Pursuant to the Law on Organization of the Government dated December 25, 2001;

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

Pursuant to the Law on Technical Standards and Regulations No. 68/2006/QH11 dated June 29, 2006 of the National Assembly;

Considering the proposal of the Minister of Construction,

DECREE:

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation and Applicability

This Decree guides the implementation of the Construction Law on the maintenance of construction works; it applies to organizations and individuals related to the management, operation, and use of construction works (hereinafter referred to as works) within the territory of Vietnam.

Article 2. Interpretation of Terms

1. Maintenance of works means a set of activities aimed at ensuring and maintaining the normal and safe operation of works according to the design specifications throughout their operational period.

The content of work maintenance may include one, several, or all of the following tasks: inspection, monitoring, quality testing, maintenance, and repair of works.

2. Maintenance procedure for works is the regulation regarding the sequence, content, and guidance for performing maintenance activities on works.

3. Inspection of works is the examination through visual observation or specialized equipment to assess the current condition of works in order to detect signs of damage.

4. Monitoring of works involves observing and measuring technical parameters of works as required by the design during their usage period.

5. Works upkeep includes regular and periodic activities (such as monitoring, caring, repairing minor damages, and maintaining installed equipment) to keep works in a normal operational state and minimize new damages.

6. Quality inspection of works involves checking and determining the quality or assessing the compliance of works with design requirements, technical standards and regulations through visual examination combined with analysis and evaluation of test data.

7. Repair of works is the rectification of damages discovered during the operation and use of works to ensure their normal and safe operation.

8. Design lifespan is the service life of works calculated by the designer during the design phase of the works.

9. Owner of works is an individual or organization that has ownership rights as prescribed by law.

Article 3. Requirements for the maintenance of works

1. Works and their components must be maintained in accordance with this Decree when put into operation and use.

Works already in operation and use before the effective date of this Decree shall implement maintenance in accordance with Article 15 of this Decree, except where otherwise provided by law.

2. The maintenance procedures for works must be established in line with the components of the works, installed equipment, type, grade of the works, and their intended use.

3. Maintenance of works must ensure safety for people and property and maximize continuous and safe operation of the works.

Article 4. Procedure for implementing maintenance of works

1. Establish and approve the maintenance procedures for works.

2. Develop plans and budgets for maintenance expenses of works.

3. Conduct regular, periodic, and emergency inspections of works.

4. Monitor works as required.

5. Maintain works.

6. Inspect the quality of works when necessary.

7. Repair works regularly and in emergencies.

8. Establish and manage maintenance records of works.

Article 5. Organizations and individuals responsible for maintaining works

1. The following organizations and individuals are responsible for maintaining works:

a) The owner of the work;

b) The person managing the work or the user of the work when authorized by the owner (hereinafter referred to as the authorized person);

c) The user of the work in cases where the owner of the work has not been identified.

2. In cases where a work has multiple owners, in addition to being responsible for maintaining the portion of the work under their own ownership, the owners shall also be responsible for maintaining the common portion of the work according to relevant laws.

3. The person responsible for maintaining the work must bear legal responsibility for any accidents or deterioration of the work due to failure to maintain the work in accordance with the provisions of this Decree.

4. The agencies specified in Clause 1, Article 26 of this Decree and the People's Committee of the province shall guide the determination of the person responsible for maintaining the work suitable to the source of capital and form of ownership for different types of works.

Chapter II

MAINTENANCE PROCEDURES FOR WORKS

Article 6. Establishing maintenance procedures for works

1. Responsibilities for establishing maintenance procedures for works:

a) The construction design contractor is responsible for establishing and transferring to the project investor the maintenance procedure for the work and the part of the work designed by itself together with the design documents;

b) The equipment supplier installing equipment into the work is responsible for establishing and transferring to the project investor the maintenance procedure for the equipment supplied by itself before installation into the work;

c) In cases where the construction design contractor or the equipment supplier installing equipment into the work cannot establish the maintenance procedure, the project investor may hire another consulting organization with sufficient conditions for construction activities according to the law to establish the maintenance procedure for the objects mentioned in point a or point b of this clause and bear the cost of consultancy.

2. Basis for establishing maintenance procedures for works:

a) Technical standards applicable to the project;

b) Maintenance procedures for similar works, if any;

c) Manufacturer's instructions for equipment;

d) Natural conditions at the construction site;

e) Experience in managing and using the project and installed equipment;

e) Relevant regulations of competent state agencies.

3. The maintenance procedure for the work must ensure comprehensive coverage of all parts of the work, including the following contents:

a) Specifications for technical parameters, technologies, and handling monitoring results when the project requires monitoring;

b) Regulations on the objects, methods, and frequency of inspecting the work;

c) Regulations on the content and guidance for implementing maintenance of the work;

d) Determination of the time, objects, and content required for periodic inspection;

đ) Regulations on the time and guidance for periodically replacing equipment installed in the work;

e) Guidance on methods for repairing defects in the work, handling cases of work deterioration, and regulations on conditions to ensure labor safety and environmental hygiene during the implementation of work maintenance;

g) Other guidance related to work maintenance.

4. It is not mandatory to establish separate maintenance procedures for each Class IV civil work, individual house, and temporary work, except where otherwise provided by law. The owner or authorized person of these works still must implement work maintenance according to the provisions of this Decree.

5. In cases where there are technical standards for maintenance or maintenance procedures for similar works that are appropriate, the owner or authorized person may decide to use those technical standards or procedures for the work without having to establish a separate maintenance procedure.

6. The maintenance procedure for the work must be clearly and publicly displayed in Vietnamese or English (for works invested by foreign countries) on paper, magnetic disks, or other media.

7. Within two years from the date this Decree takes effect, the agencies specified in Clause 1, Article 26 of this Decree shall take the lead and coordinate with the Ministry of Science and Technology to develop and promulgate technical standards for work maintenance suitable to the type and class of the work.

Article 7. Review and Approval of Maintenance Procedures for Construction Projects

1. The project owner, in accordance with the Construction Law, shall be responsible for receiving the maintenance procedures designed by the construction contractor and the equipment installation contractor; organize the review and approval of the maintenance procedures for the construction project before the final acceptance and handover of the project for use, except where otherwise provided by law.

2. The project owner may engage consultants to review part or all of the maintenance procedures established by the design contractor as a basis for the review and approval.

3. For construction projects implemented under the BOT (Build-Operate-Transfer), BTO (Build-Transfer-Operate), and BT (Build-Transfer) contracts, the project enterprise (investor) shall be responsible for organizing the review and approval of the maintenance procedures for the construction project.

Article 8. Adjustment of Maintenance Procedures for Construction Projects

1. During the implementation of maintenance, the owner or authorized person has the right to adjust the maintenance procedures when unreasonable factors that may affect the quality of the project and impact its operation and use are discovered, and they bear responsibility for their decisions.

The contractor who establishes the maintenance procedures must amend, supplement, or change unreasonable contents within the procedures if caused by their own fault and have the right to refuse unreasonable adjustment requests from the owner or authorized person.

The owner or authorized person has the right to hire other design contractors or equipment installation contractors to implement amendments, supplements, or changes to the maintenance procedures if the original contractor does not perform these tasks. The contractor implementing the amendment or supplementation of the maintenance procedures must be responsible for the quality of the work performed.

The owner or authorized person is responsible for reviewing and approving these adjustment contents, except where otherwise provided by law.

2. In cases where technical standards for maintenance are used to carry out maintenance, when these standards are amended or replaced, the owner or authorized person is responsible for carrying out maintenance according to the amended content.

Article 9. Documentation for Maintenance of Construction Projects

1. Documentation for maintenance includes the maintenance procedures for the construction project, completion drawings, equipment installation records within the project, and other necessary files and documents for maintenance.

2. The project owner is responsible for transferring the documentation for maintenance of the construction project to the owner or authorized person before handing over the project for operation and use.

Chapter III

IMPLEMENTATION OF MAINTENANCE WORKS

Article 10. Maintenance Plan for Construction Projects

1. The annual maintenance plan is established based on the approved maintenance procedures and the current status of the project, including the following contents:

a) Name of the work to be carried out;

b) Implementation time;

c) Implementation method;

d) Implementation costs.

2. The owner or authorized person is responsible for establishing and approving the maintenance plan for the construction project as a basis for implementing maintenance.

For projects with multiple owners, the owners are responsible for examining and agreeing on the maintenance plan for the common parts of the project in accordance with relevant laws.

3. The maintenance plan can be amended or supplemented during implementation. The owner or authorized person decides on the amendment or supplementation of the maintenance plan.

4. The repair of construction works and equipment using state budget funds, depending on the level of cost, will be carried out as follows:

a) For repairs of construction works and equipment with costs below VND 500 million, the owner or authorized person independently decides on the repair plan with the following contents: name of the construction component or equipment to be repaired or replaced; reason for repair or replacement, repair or replacement objectives; volume of work; estimated cost, estimated time for implementation and completion;

b) For repairs of construction works and equipment with implementation costs of VND 500 million or more, the owner or authorized person organizes the preparation, submission for review, and approval of economic and technical reports or investment construction projects in accordance with the law on investment in construction projects.

5. For repairs of construction works not using funds from the state budget, it is encouraged for the owner or authorized person to refer to and apply the contents stipulated in Clause 4 of this Article.

Article 11. Inspection, Maintenance, and Repair of Construction Works

1. The owner or the authorized maintenance entity shall organize the inspection, maintenance, and repair of construction works according to the maintenance procedures if they have the necessary capacity, or hire an organization with the required capacity to perform these tasks.

2. Inspection may be carried out regularly or periodically through visual observation, regular monitoring data, or specialized inspection equipment when necessary to assess the current condition, promptly identify signs of deterioration, damages to construction works, and technological equipment, serving as a basis for maintenance work.

3. Maintenance work on construction projects must specify the steps to be taken in accordance with each part of the construction project, type of construction, and installed equipment.

4. Repair of construction works shall be conducted regularly or urgently with the following specific contents:

a) Regular repair of construction works includes repairing damaged parts or replacing parts of construction works and technological equipment that are damaged, carried out regularly according to the maintenance procedures.

b) Urgent repair of construction works shall be performed when parts of construction works or construction works are damaged due to sudden impacts such as typhoons, floods, earthquakes, collisions, fires, and other sudden impacts, or when there are indications that could cause sudden damage affecting the safe operation and use of the construction works or the potential for accidents leading to disasters.

5. The results of inspection, maintenance, and repair of construction works must be recorded and documented for management and tracking.

Article 12. Quality Testing of Construction Works for Maintenance Purposes

1. Quality testing of construction works for maintenance purposes shall be carried out in the following cases:

a) Periodic quality testing according to approved maintenance procedures for construction works;

b) When discovering that the quality of construction works has some damaged parts, construction works showing signs of quality deterioration, not ensuring safety for exploitation and use;

c) When there is a need to evaluate the current quality status of construction works to serve the maintenance procedures for construction works that have been put into use but do not have the maintenance procedures specified in Article 15 of this Decree;

d) When there is a need for a basis to decide on extending the service life of construction works that have reached their design lifespan or as a basis for renovating and upgrading construction works.

2. Procedures for Implementing Quality Testing of Construction Works

a) The owner or the authorized entity selects an organization with the necessary capacity for construction activities and construction practice to conduct quality testing of construction works in accordance with the laws on construction based on the requirements for testing set forth in Clause 1 of this Article;

b) The testing organization conducts surveys and prepares a quality testing plan for construction works in accordance with the testing requirements;

c) The owner or the authorized entity approves the testing plan;

d) The testing organization implements the testing according to the approved plan, evaluates the current quality status of the tested object, and proposes remediation solutions.

Article 13. Monitoring of Works

1. The monitoring of works shall be carried out in cases where it is necessary to observe the operation of the works to prevent accidents leading to disasters involving people, property, environment, and other cases as required by the project owner, the work owner, or the authorized person.

2. The work owner or the authorized person shall organize the monitoring and evaluate the results of the monitoring according to the maintenance procedures for the works, if they have sufficient capacity, they shall carry out themselves, otherwise, they shall hire organizations with adequate capacity conditions to perform.

3. Organizations and individuals conducting the monitoring must prepare reports on the monitoring results, evaluate the monitoring results against the permissible parameters stated in the maintenance procedures for the works. In necessary cases, the work owner or the authorized person may hire independent organizations to assess the monitoring result reports.

4. The agencies specified in Clause 1, Article 26 of this Decree shall be responsible for specifying the works and parts of works that must be monitored during their use.

Article 14. Quality Management of Maintenance Work for Works

1. The work owner or the authorized person must organize supervision of the monitoring work, quality inspection, construction, acceptance of repair work for the works, establish and manage, retain maintenance records for the works in accordance with the laws on quality management of construction works and other relevant laws.

2. The maintenance records for the works include the following documents:

a) The documents serving the maintenance work as stipulated in Clause 1, Article 9 of this Decree;

b) Maintenance plan;

c) Monitoring results (if applicable);

d) Quality testing results;

đ) Regular and periodic inspection results;

e) Maintenance and repair results of the project;

g) Other related documents.

3. Repair work for the works must be guaranteed for no less than six months for works from Class II downwards and no less than twelve months for works from Class I upwards.

Article 15. Implementation of Maintenance for Works That Are in Use but Have No Maintenance Procedures

1. For civilian works of Class IV, individual residential works, and temporary works, the work owner or the authorized person shall implement maintenance in accordance with Clause 4, Article 6 of this Decree.

2. For the remaining works, the work owner or the authorized person shall organize the implementation of maintenance for the works in the following sequence:

a) Survey, inspect, and evaluate the current condition of the works;

b) Establish the maintenance procedure for the works;

c) Repair any damages to the works (if any);

d) Implement maintenance for the works as prescribed in Chapter III of this Decree.

Within two years from the date this Decree takes effect, the work owner or the authorized person must organize the establishment and approval of the maintenance procedure for these types of works.

3. The following state management agencies shall be responsible for reviewing and specifying detailed timelines, plans, and requirements for the work owners or the authorized persons to establish maintenance procedures for works that are in use but have no maintenance procedures:

a) The agencies specified in Clause 1, Article 26 of this Decree for special class works, Class I works, or works that could cause disasters when accidents occur as stipulated by the laws on quality management of construction works;

b) Provincial People's Committees for Class II works within their jurisdiction.

Article 16. Handling of construction works that have reached their design life but require continued use

1. If a construction work has reached its design life and there is a need for continued use, the owner or the authorized person must carry out the following tasks:

a) Organize inspections, tests, and evaluations of the current quality of the work.

b) Repair the work if it is damaged to ensure functionality and safety before considering and deciding on the continued use of the work;

c) Independently decide on continued use after carrying out the tasks mentioned in points a and b of this clause for Class III and Class IV works, provided that such use does not cause disasters as stipulated by laws on construction quality management, except where otherwise prescribed by law;

d) Report the results of inspection, testing, and evaluation of the quality of the work, and the results of repair of the work (if any) for Class II and higher works and works that may cause disasters when incidents occur, as stipulated by laws on construction quality management, to the agencies specified in Clause 1, Article 26 of this Decree to be considered and approved for extending the use period of the work;

2. The decision on the duration of continued use of a work shall be based on the technical condition, specific usage requirements, type, and class of the work.

Article 17. Reporting and inspecting the implementation of maintenance of works

1. Reporting on the implementation of work maintenance

The owner or the authorized person must report annually on the implementation of maintenance of works and the safety of works for Class II and higher works and works that may cause disasters when incidents occur, as stipulated by laws on construction quality management, to the state management agency specified in Clause 1, Article 26 of this Decree.

2. The People's Committee of the province shall be responsible for coordinating with the specialized ministries specified in Clause 1, Article 26 of this Decree to organize inspections of compliance with work maintenance regulations by owners or authorized persons according to the following inspection regimes:

a) Random inspections for all works;

b) Periodic inspections at least once every five years for Class II and higher works and works that may cause disasters when incidents occur, as stipulated by laws on construction quality management.

3. The Prime Minister decides to establish a National Council to evaluate safety annually for nuclear power plant works, special-class dam reservoirs, high-speed railways, and other works as required by the Prime Minister.

Article 18. Handling of works showing signs of deterioration in quality and unsafe for exploitation and use

1. When parts of a work or the entire work show signs of deterioration in quality and are unsafe for exploitation and use, the owner or the authorized person must carry out the following actions:

a) Inspecting the facility or certifying the quality of the facility;

b) Decide to implement safety measures: limit the use of the work, stop using the work, move people and property, if necessary, to ensure safety and immediately report to the state management agency as follows:

- The agencies specified in Clause 1, Article 26 of this Decree for specialized works from Class II and higher and works that may cause disasters when incidents occur, as stipulated by laws on construction quality management.

- The People's Committee of the province for the remaining works within its jurisdiction.

c) Repairing damages that could affect the safe use and operation of the work according to the provisions of the law on emergency construction projects.

2. For residential buildings showing signs of deterioration in quality and unsafe for exploitation and use, in addition to implementing the provisions set forth in Clause 1 of this Article, the owner or the authorized person must also comply with the provisions of the Law on Housing.

3. Upon discovering or receiving information about signs of deterioration in quality of works and being unsafe for exploitation and use, the state management agency specified in point b of Clause 1 of this Article shall be responsible for:

a) Organizing inspections, notifying, requiring, and guiding the owner or the authorized person to organize surveys, testing, evaluating the level of danger, and implementing repairs or demolition of parts of the work or the entire work, if necessary;

b) Deciding to apply the safety measures mentioned in point b of Clause 1 of this Article when the owner or the authorized person does not carry out the tasks mentioned in point a of this clause;

c) Handling the responsibility of the owner or the authorized person according to the law when the owner or the authorized person does not comply with the requirements of the state management agency mentioned in points a and b of this clause.

4. Every citizen has the right to inform the owner or the authorized person, the state management agency specified in point b of Clause 1 of this Article, or mass media when they discover incidents or deterioration in quality of parts of the work or the entire work, which are unsafe for exploitation and use, so that timely handling can be carried out.

5. The owner or the authorized person, the state management agency, upon receiving information about incidents or deterioration of works or parts of works, shall be responsible for applying the safety measures mentioned in point b of Clause 1 of this Article; in case of failure to handle promptly, causing damage to people and property, they shall bear legal responsibility.

Chapter IV

COSTS FOR WORK MAINTENANCE

Article 19. Sources of funds for maintenance of construction works

The funds for maintenance of construction works shall be formed from the following sources:

1. State budget (central state budget and local state budget) allocated annually;

2. Revenue from fees for using construction works outside the state budget;

3. Capital of the project investor or owner for commercial construction works;

4. Contributions and mobilization from organizations and individuals;

5. Other lawful sources of capital.

Article 20. Responsibility for paying maintenance costs of construction works

1. The following persons shall be responsible for paying maintenance costs of construction works:

a) Owner or person authorized, except in cases otherwise provided by law;

b) User of the construction work for construction works that have been put into use;

c) For construction works with multiple owners, the owners shall be responsible for paying maintenance costs for their respective ownership portion and for the common ownership portion of the construction work.

2. Agencies specified in Clause 1 of Article 26 of this Decree and Provincial People's Committees shall be responsible for guiding the division and payment of maintenance costs for the common ownership portion of the construction work as stipulated in point c of Clause 1 of this Article.

Article 21. Costs for drafting, reviewing, and adjusting maintenance procedures for construction works

1. Costs for drafting and reviewing maintenance procedures for construction works

a) Costs for drafting and reviewing maintenance procedures for construction works shall be included in the total investment cost of construction works.

b) Costs for drafting and reviewing maintenance procedures for construction works that have been put into use but do not yet have maintenance procedures shall be included in the maintenance costs of the construction works.

2. Costs for adjusting maintenance procedures for construction works are included in the maintenance costs of the construction works. The contractor who drafts the maintenance procedure for the construction work shall be responsible for paying the costs to implement adjustments to the maintenance procedure if such adjustments are required due to their own fault.

Article 22. Maintenance budget for construction works

1. The maintenance budget for construction works (hereinafter referred to as the maintenance budget) shall be determined based on specific maintenance tasks and serve as the basis for the owner or the manager, user of the construction work authorized by the owner to manage maintenance costs.

2. The maintenance budget shall be prepared based on the volume of work determined according to the maintenance plan and the unit price for construction services for maintenance to carry out the volume of work.

3. The owner or the authorized person shall be responsible for organizing the preparation, review, and approval of the maintenance budget in accordance with Clause 1 and Clause 2 of Article 22 and Article 23 of this Decree for construction works funded by the state budget.

For construction works funded by other sources, it is encouraged that the owner or the authorized person organize the preparation, review, and approval of the maintenance cost budget in accordance with Clause 1 and Clause 2 of Article 22 and Article 23 of this Decree.

4. Agencies specified in Clause 1 of Article 26 of this Decree and Provincial People's Committees shall base on the method of establishing construction norms for maintenance services guided by the Ministry of Construction, organize the establishment and publication of construction norms for maintenance services suitable for the characteristics of the Ministry, locality, and send them to the Ministry of Construction for monitoring and management.

Article 23. Review and Approval of Maintenance Budget Estimates

1. The owner of the construction project or the authorized person shall approve the maintenance budget estimate after reviewing or auditing it and shall be legally responsible for the results of approving the maintenance budget estimates of related projects. The review content includes:

a) Checking the consistency between the main volume of the budget estimate and the actual implementation volume;

b) Verifying the accuracy and reasonableness of the application and utilization of construction unit prices serving maintenance, cost ratio standards, consulting cost estimates, and other cost item estimates in the maintenance budget;

c) Determining the value of the maintenance budget estimate.

2. In cases where the owner of the construction project or the authorized person does not have the conditions or capacity to review, they may hire organizations or individuals with the necessary qualifications and experience to audit the construction project budget estimate. Organizations or individuals conducting the audit of the maintenance budget estimate shall be legally responsible for the audit results to the owner of the construction project or the authorized person.

Article 24. Management, Settlement, and Finalization of Maintenance Costs for Construction Projects

1. For construction projects funded by state budget funds, the owner or the authorized person shall be responsible for managing, settling, and finalizing maintenance costs according to the State Budget Law and other relevant laws.

2. For construction projects that do not use state budget funds for maintenance, the owner or the authorized person shall be responsible for managing the maintenance implementation costs and settling and finalizing maintenance costs based on agreements with organizations or individuals performing maintenance work.

Chapter V

STATE MANAGEMENT AND RESPONSIBILITY FOR GUIDING THE IMPLEMENTATION OF MAINTENANCE WORK

Article 25. Responsibilities for State Management of Maintenance of Construction Projects

The Ministry of Construction is the agency responsible before the Government, uniformly managing state affairs regarding maintenance of construction projects and has the responsibility:

1. Submitting to the Government for issuance or issuing within its authority legal normative documents on maintenance of construction projects.

2. Guiding on costs for preparing, auditing, and adjusting maintenance procedures; guiding methods for preparing maintenance budget estimates and publishing construction norms serving maintenance of construction projects.

3. Leading and coordinating with the Ministry of Finance to guide the use of non-budget funds (if any) for maintenance of construction projects.

4. Leading and coordinating with relevant ministries, agencies at the level of ministries, and localities to inspect and check compliance with legal regulations on maintenance of construction projects nationwide and guide handling violations of this Decree according to the law.

Article 26. Responsibilities for Guiding Implementation by Agencies

1. Relevant ministries have the responsibility to guide the implementation of maintenance of construction projects as follows:

a) The Ministry of Construction guides the implementation of maintenance of civil construction projects, excluding historical and cultural heritage sites; construction projects of building materials industry and urban infrastructure; implementing provisions at points a, b, c, and d of Clause 2 of this Article for civil construction projects, construction projects of building materials industry, and urban infrastructure.

b) The Ministry of Transport guides the implementation for transportation construction projects;

c) The Ministry of Agriculture and Rural Development guides the implementation for water conservancy construction projects, dyke projects, and other specialized agricultural construction projects;

d) The Ministry of Industry and Trade guides the implementation for mine tunnel, oil and gas, power plant, transmission line, substation, chemical, industrial explosives, machinery manufacturing, metallurgy, and other specialized industrial projects, excluding construction projects of the building materials industry;

đ) The Ministry of National Defense and the Ministry of Public Security guide the implementation for construction projects in the defense and security sectors;

e) The Ministry of Information and Communications guides the implementation for telecommunications construction projects;

g) The Ministry of Culture, Sports and Tourism guides the implementation for historical and cultural heritage construction projects.

2. Ministries specified in Clause 1 of this Article have the responsibility:

a) To stipulate the persons responsible for maintaining construction projects in accordance with the type of construction project, maintenance funding sources, and ownership form of the construction project.

b) To organize the compilation and promulgation of technical standards for maintenance of construction projects under the guidance objects specified in Clause 1 of this Article; to stipulate requirements and lists of construction projects and parts of construction projects that must be monitored according to this Decree;

c) To guide contributions to maintenance costs; to organize the establishment and publication of construction norms serving maintenance of construction projects, to inspect the implementation of maintenance of construction projects, and to evaluate the safety of construction projects; to handle construction projects that do not meet safety requirements for exploitation and use according to this Decree;

d) To consider and decide on the continued use of construction projects that have reached their design life as stipulated in point d of Clause 1 of Article 16 of this Decree;

đ) To handle construction projects showing signs of deterioration in quality and failing to ensure safety for exploitation and use as stipulated in Article 18 of this Decree;

e) To inspect compliance with the provisions of this Decree and handle violations according to the law.

3. Provincial People's Committees shall implement the contents specified in points a, c, d, and đ of Clause 2 of this Article and guide the use of non-budget funds (if any) for construction projects within their jurisdiction based on the provisions of Clause 3 of Article 25 of this Decree.

Chapter VI

IMPLEMENTING PROVISIONS

Article 27. Effective Date

This Decree takes effect from January 20, 2011, and abolishes the provisions on maintenance of construction projects in Chapter VII of Decree No. 209/2004/NĐ-CP dated December 16, 2004, of the Government on management of construction project quality.

Article 28. Implementation Organization

1. Ministers, Heads of agencies at the level of ministries, Heads of government agencies, Chairpersons of provincial and centrally-administered city People's Committees, Heads of political organizations, political and social organizations, occupational political and social organizations, Chairpersons of boards of directors of economic groups, state-owned corporations, and related organizations and individuals are responsible for implementing this Decree.

2. The Ministry of Construction shall take the lead and coordinate with relevant ministries and sectors to be responsible for guiding the implementation of this Decree./.