Directive No. 13/2006/CT-BXD on Strengthening Quality Management of Construction Projects by Private Investors

✦ Smart summary

Directive No. 13/2006/CT-BXD stipulates measures to strengthen quality management of construction projects by private investors, including reviewing design documents, contractor capacity, and construction supervision. The aim is to ensure project quality and prevent quality incidents.

Scope of application

People's Committees of provinces and centrally governed cities; Project Investors - Users of the construction works; Survey, design, construction contractors, and construction supervision contractors.

Key points

People's Committees of provinces and centrally governed cities → must review survey and design documents, contractor capacity, implement construction supervision, and certify project quality.
Project Investors - Users of the construction works → need to select contractors with sufficient capacity for survey, design, and construction activities, and organize project acceptance.
Contractors → shall not undertake activities beyond their capacity and must enhance their responsibility and professional ethics.
Project quality inspection and certification shall be carried out by People's Committees of provinces and centrally governed cities.
Project Investors need to organize maintenance of construction works according to procedures and promptly identify and repair damages.

🌐 Social impact of this document

Positive impact: Minimizing quality incidents, ensuring safety for people and property.
Negative impact: Increased costs due to stricter management requirements from Project Investors and contractors.

❓ Frequently asked questions

What should Project Investors do to ensure project quality?

Project Investors need to select survey, design, and construction contractors with sufficient capacity as required; organize construction supervision and project acceptance. They must comply with regulations on construction quality management.

What activities can contractors undertake during the construction process?

Survey, design, construction, and construction supervision contractors shall not undertake activities beyond their capacity. They must enhance their responsibility and professional ethics.

What should provincial People's Committees inspect?

Provincial People's Committees must inspect survey and design documents, contractor capacity, implement construction supervision, and certify project quality.

What responsibilities does the Project Investor have during the use of the construction work?

Project Investors need to organize maintenance of the construction work according to procedures and promptly identify and repair damages, reporting major damages to the managing authority.

Are there specific penalties for violations under this Directive?

The document mentions reviewing and handling errors but does not specify specific penalties. Further reference to other legal documents is necessary for detailed information.

Full text

DIRECTIVE

ON STRENGTHENING QUALITY MANAGEMENT OF CONSTRUCTION PROJECTS FUNDED BY PRIVATE INVESTORS

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In recent years, alongside construction projects funded by state capital and foreign investment projects, private investor-led construction projects (such as residential buildings, hotels, office buildings, factories, etc.) have continuously increased in number and scale. However, while the majority of these projects have good quality, there are still some projects that do not meet quality standards and even cause accidents resulting in significant losses of life and property.

Through inspections of construction projects with quality issues or accidents caused by private investors, it has been found that there are many shortcomings in the management of construction surveying, design, construction, supervision, and quality control. The main problems include: failure to conduct construction surveys, failure to hire consultants to prepare designs as required, hiring contractors without business registration and sufficient capacity for construction, and failure to hire organizations or individuals with the necessary expertise and capacity for construction supervision as stipulated. Although the Construction Law and its implementing regulations strictly define the rights and obligations of all parties involved in construction activities, many private investors and contractors are not fully aware of these regulations, leading to unfortunate consequences regarding construction project quality.

To implement the provisions of the Construction Law, Decree No. 16/2005/ND-CP dated February 7, 2005 on project management of construction works, Decree No. 209/2004/ND-CP dated December 16, 2004 on quality management of construction works, and Decree No. 112/2006/ND-CP dated September 29, 2006 amending and supplementing certain articles of Decree No. 16/2005/ND-CP on project management of construction works, in order to enhance the quality of construction projects led by private investors, the Minister of Construction requests:

1. For Provincial People's Committees under the Central Government

Provincial People's Committees under the Central Government shall direct their District People's Committees to strengthen inspection work on compliance with the content and procedures of construction investment, and quality management of construction works according to the provisions of the Construction Law and its implementing regulations for construction investment projects where the investor is a private entity. Specific contents are as follows:

a) When issuing construction permits, the issuing authority must check the construction survey files and construction design files of the works. For construction works where private entities are the investors, the conditions of the capacity of organizations and individuals conducting construction surveys and designs must be checked in accordance with the Construction Law and its implementing regulations.

For the design of individual houses with a total floor area greater than 250 square meters², three floors or more, or houses within cultural heritage areas or historical and cultural relics, the design must be carried out by organizations or individuals with the appropriate capacity for construction design or professional practice in construction design.

If the individual house is smaller than the aforementioned specifications, individuals or households may organize the design themselves but must comply with approved urban planning and bear legal responsibility for the quality of the design, the impact of the work on the environment, and the safety of adjacent structures.

b) Check the conditions for commencement of construction as prescribed in Article 72 of the Construction Law.

c) Check the implementation of the construction permit by the investor.²d) During the construction phase, for construction works where private entities are the investors, the conditions of the capacity of contractors for construction activities must be checked in accordance with the regulations. For individual houses with a total floor area less than 250 square meters

, two floors or fewer, individuals may organize construction themselves but must have the appropriate capacity for construction activity and bear responsibility for the quality, safety, and environmental hygiene of the construction.

đ) Check the construction supervision work and quality management, labor safety assurance, and environmental hygiene work of the investor during the construction process.

e) Check the certification of compliance with the quality of construction works as required by Article 28 of Decree No. 209/2004/ND-CP and encourage investors to carry out certification of compliance with the quality of construction works for other types of works.

f) Firmly handle any errors discovered during the inspection process according to the above contents.

2. For Investors - Users of Construction Works

2.1. To ensure the desired quality of the works, private investors need to strictly manage from the outset the following tasks in each stage:

a) Construction Survey: Select contractors for construction surveying who have the appropriate conditions for construction surveying activities in accordance with Article 58 of Decree No. 16/2005/ND-CP to conduct construction surveys and follow the guidance provided in Circular No. 07/2006/TT-BXD dated November 10, 2006 of the Ministry of Construction "Guidelines for Geotechnical Survey to Serve Site Selection and Design of Construction Works" and Directive No. 12/2006/CT-BXD dated September 11, 2006 of the Minister of Construction on "Strengthening the Quality and Effectiveness of Construction Survey Work".²b) Construction Design: Select contractors for construction design who have the appropriate conditions for construction design activities and professional qualifications in accordance with Articles 59, 60, 61, and 65 of Decree No. 16/2005/ND-CP. For individual houses with a total floor area less than 250 square meters

, two floors or fewer, experienced designers who have previously designed similar high-quality works must be selected.

c) Organization of Construction Work:

- All construction works during the construction process must be subject to supervision. For individual houses, the project investor shall engage a professional person to carry out construction supervision.

Construction site supervision must be conducted to monitor and inspect quality, quantity, progress, labor safety, and environmental hygiene during the construction of the works, specifically including: checking formwork quality, checking the formwork support system and scaffolding; checking protective measures to ensure that components and materials do not fall and cause danger to people and the works,...

- Inspect compliance with the design approved by the competent authorities issuing construction permits.

- The investor of the construction work shall organize acceptance and receipt of the construction work in accordance with the provisions set forth in Decree No. 209/2004/NĐ-CP. Participants in the acceptance and handover of the works shall bear personal responsibility for the products they confirm during the construction of the works and the handover of the construction works.

2.2. During the use period, the user manager of the construction works shall be responsible for:

a) Organizing maintenance of the construction works according to the maintenance procedures for construction works.

b) Proactively inspecting to identify damages for timely repair, and promptly reporting major damages affecting the safety of the works to the competent authority for resolution.

3. Regarding contractors participating in construction activities

Contractors engaged in surveying, designing, constructing, and supervising construction works shall not undertake construction activities beyond their capacity conditions; they must enhance their responsibilities, professional ethics, expertise, and strictly fulfill the obligations stipulated in the Construction Law and guiding documents for implementing the Construction Law.

The National Construction Quality Supervision Agency shall act as the focal point to assist the Minister of Construction in monitoring and inspecting the implementation of this Directive./.

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