Directive No. 12/2006/CT-BXD on Strengthening the Quality and Effectiveness of Construction Survey Work

DIRECTIVE

On Strengthening the Quality and Effectiveness of Construction Survey Work

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In recent years, investment projects for construction works have continuously increased in quantity, scale, and diversity of funding sources. Generally, construction survey work has met the requirements for project establishment and implementation of design steps, contributing to ensuring that construction works are built safely, economically, and effectively for investors and society.

Alongside the achievements in construction survey work, in reality, at certain times and places, there are still instances where construction works do not meet quality standards, leading to incidents requiring handling, causing waste and public dissatisfaction, one of the reasons being inaccurate construction survey data that fail to reflect the actual conditions of the ground at the construction site and cannot predict changes in geological conditions.

Implementing the provisions of the Construction Law No. 16/2003/QH11 dated November 26, 2003, Decree No. 16/2005/NĐ-CP dated February 7, 2005 on management of investment construction projects, and Decree No. 209/2004/NĐ-CP dated December 16, 2004 on construction quality management issued by the Government, to strengthen the quality and effectiveness of construction survey work and better meet the requirements for improving investment efficiency in construction works, the Minister of Construction requests:

1) For the investors of construction investment projects:

- To fully perform their rights and obligations in managing the quality of construction surveys from approving survey tasks, approving technical survey plans, supervising survey work to accepting survey result reports in accordance with Article 50 of the Construction Law and Chapter III of Decree No. 209/2004/NĐ-CP dated December 16, 2004 of the Government on construction quality management.

- To select only contractors with business registration and appropriate capacity in accordance with regulations. When selecting construction survey contractors, they must check the capacity conditions of the contractor and the head of the survey in accordance with Article 49 of the Construction Law and Articles 48, 57, and 58 of Decree No. 16/2005/NĐ-CP dated February 7, 2005 of the Government on management of construction investment projects.

2) For construction survey contractors:

- To fully perform their rights and obligations in managing the quality of construction surveys from establishing technical survey plans, supervising survey work to preparing survey result reports in accordance with Article 51 of the Construction Law and Chapter III of Decree No. 209/2004/NĐ-CP dated December 16, 2004 of the Government on construction quality management.

- To only carry out construction survey tasks within their registered business scope and capacity in accordance with legal procedures. To assign individuals with professional qualifications and sufficient capacity to be the head of the survey. Each individual participating in survey work must have appropriate training. Not to use another contractor's name to sign construction survey contracts.

- Field construction work must comply with survey technical procedures; soil and rock mechanical tests and water sample tests must be conducted in laboratories recognized as standard-compliant.

- Not to use equipment that has not been calibrated, is malfunctioning, exceeds its designed capacity, or has exceeded its service life as stipulated.

- To establish a quality management system according to advanced standards.

3) For construction design contractors:

- To assign individuals with appropriate qualifications to prepare survey tasks, supervise survey work, and advise on acceptance of survey result reports when requested by the investor.

- To only use construction survey materials for design when the survey results meet the design stage requirements, are consistent with the geological and natural geographical conditions of the construction area, and have been accepted by the investor in accordance with regulations.

- To promptly advise the investor to conduct additional construction surveys when necessary survey data are lacking for design, when there is doubt about the survey results, or when abnormal geological factors affecting design are discovered.

- Not to use construction survey materials from other locations or other construction works for design. If necessary, only use survey materials from nearby locations or nearby construction works for reference.

4) For research institutions:

- Research institutions related to construction surveys need to review and propose supplements and amendments to construction survey technical standards to meet survey requirements and content, align with scientific and technological development, and meet international integration requirements.

- To conduct studies and organize specialized seminars on construction accidents caused by surveys to evaluate, draw lessons, and propose preventive and remedial measures.

- To proactively cooperate with professional associations, construction survey contractors, and design contractors in research; participate in specialized technical councils to contribute opinions and critique survey tasks, technical survey plans, and survey result reports, especially for large-scale construction works in areas with complex geological structures.

5) For state management agencies:

5.1) Departments and Bureaus responsible for assisting the Ministry in managing construction survey work:

- To guide relevant organizations and individuals in implementing regulations on construction surveys and quality management of construction surveys; to guide the handling of violations of construction survey regulations.

- To review and propose amendments and supplements to technical standards and norms on construction surveys to align with scientific and technological development and meet international integration requirements.

- Coordinate with the competent agencies of ministries managing specialized construction works to review, propose supplements, amendments, and submit for issuance technical standards and surveying construction norms suitable to the nature and characteristics of specialized construction works.

5.2) Provincial Construction Departments:

- Strengthen guidance and inspection of project owners, construction survey contractors, construction design contractors for construction projects, and related organizations and individuals in surveying construction work within their jurisdiction. For violations in surveying construction, clarify the responsibility of each subject, promptly recommend or handle according to their authority.

- Coordinate with provincial departments managing specialized construction works to present to the People's Committee of the province for improving the management machinery of these departments in surveying construction work; allocate staff with relevant experience and professional capacity to perform surveying construction management tasks.

- Submit to the People's Committee of the province for issuance of regulations and guidelines on implementing surveying construction work within their jurisdiction.

- Report periodically every six months and annually to the People's Committee of the province and the Ministry of Construction on surveying construction work within their jurisdiction.

The Survey and Construction Design Department shall act as the focal point to assist the Minister of Construction in monitoring and inspecting the implementation of this Directive.