Decree No. 15/2013/ND-CP on Construction Quality Management

DECREE

On the management of construction project quality

_______________

Pursuant to the Law  Central; The Government on December 25, 2001;

Pursuant to the Law Xdated November 26, 2003;

Pursuant to the Law Provincial People's Committees set specific pricesamending and supplementing some articles of laws related to basic construction investment dated November 19;No. improving product quality in goods;June 2024;Article 6 of the Law on the National Office of Vietnam Abroad dated November 21, 2017;

Pursuant to the Law Capproved by the Ministry of Construction;Coat on November 21, 2007;

At the proposal of the Ministry trThe Government issues the Decree on construction project quality management;;

This Decree stipulates the management of construction project quality during survey, design,,

Chapter

GENERAL PROVISIONS

Article 1. Scope of Regulation

1. , construction, and acceptance of construction projects; stipulates the management of safety, handling incidentspoliciesduring construction, operation, and use of construction projects; stipulates warranty for construction projects.No. If international treaties to which Vietnam is a party contain provisions different from those set forth in this Decree, such treaties shall prevail.

2. If a level crossing meets the conditions for signal connection as stipulated in Clause 1, Point c of Article 4 of this Circular but cannot achieve signal connection, the organization managing traffic lights on roads and the project investor implementing investment, construction, and upgrading of roads and railways in the area of the level crossing must report to the Ministry of Transport for consideration and decision.nationalThis Decree applies to investors, domestic contractors, foreign contractors, state management agencies on construction, and other organizations and individuals related to the management of construction project quality within the territory of Vietnam.

Article 2. Applicability

Technical guidelines are a collection of technical requirements based on national technical standards and standards applied to construction projects to guide and regulate materials, products, equipment used in construction projects and construction works, supervision, and acceptance of construction projects.

Article 3. Explanation of Terms

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

1. As-built drawings are drawings of parts of construction projects completed based on approved construction design drawings, showing the actual dimensions of the construction project.

2. Completion files of construction projects are collections of documents related to the investment and construction process of the project including: Investment policy, investment construction project proposal or economic-technical report on construction, construction survey report, construction project design files, quality management files during construction of the project, and other documents that need to be retained after the project is put into use.

3. Specialized construction material testing is a series of technical operations aimed at determining one or more characteristics of construction materials, construction products, parts of construction projects, or construction projects according to a specific procedure.nationalSpecialized construction material testing is carried out by specialized construction laboratories, including: Construction soil testing, water used in construction testing; construction material testing, construction component and product testing; construction project structure testing, and other tests.

4. Construction project quality inspection is an activity of inspecting and determining the quality or cause of damage of construction products, parts of construction projects, or construction projects through testing combined with examination, calculation, and professional evaluation of construction project quality.

Construction project quality inspection includes: Construction material inspection, construction product inspection, construction component inspection; construction project structure inspection; construction project inspection, and other inspections.

5. Construction project quality certification is an activity of construction project quality inspection organized and implemented by competent state management agencies or upon their request.

Quality inspection of construction works includes: Inspection of building materials, construction products, building components; inspection of construction work structures; inspection of construction works and other inspections.

6. Construction work quality appraisal is an activity of inspecting the quality of construction works organized and implemented by state management agencies with competent authority or upon request of such agencies.

Article 4. General Principles in Managing the Quality of Construction Projects

1. Survey and design work , construction activities must ensure safety for the project itself and adjacent projects; ensure safety during the construction process and comply with the provisions of this Decree.The project, project components can only be accepted for use when they meet the requirements of the design, national technical standards, applicable standards for the project, technical guidelines, and other requirements of the investor as stipulated in the contract and relevant laws.ngOrganizations and individuals participating in construction activities must have the necessary qualifications suitable for the work being performed, have a quality management system, and be responsible for the quality of construction works carried out by themselves before the investor and the law.

2. The investor is responsible for organizing quality management appropriate to the nature, scale, and investment capital of the construction project during the implementation of the construction project according to the provisions of this Decree.nationalThe person deciding on investment is responsible for inspecting the organization's implementation of quality management of construction projects by investors and contractors according to the provisions of this Decree and relevant laws.

3. State management agencies in construction provide guidance, inspect quality management activities of organizations and individuals participating in construction projects; inspect and appraise the quality of construction projects; propose and handle violations related to construction project quality according to the law.

4. Article 5. Application of National Technical Standards and Standards in Construction Activities

5. National technical standards must be complied with in construction activities.

6. Standards applied in construction activities follow the principle of voluntariness, except for standards cited in national technical standards or those required to be applied under other relevant legal documents.

Main standards applicable to projects must be reviewed and approved by the investment decision-maker in the investment project approval decision or economic-technical report of the construction project and cannot be changed without the approval of the investment decision-maker.

1. Investors may independently decide to use or change other applicable standards for projects when necessary.

2. The application of standards must meet the following requirements:

3. They must be consistent无效 with the requirements of national technical standards on construction and other relevant legal provisions;

Ensure the coherence and feasibility of the applied standard system.

4. When applying foreign standards, the original standard must be accompanied by a Vietnamese translation of the used content.

a) The application of new technical solutions, technologies, and materials in construction activities must comply with the requirements of national technical standards and other relevant legal provisions., Article 6. Classification and Grading of Construction Projects Construction projects are classified as follows:

b) Civil projects;

5. Industrial projects;

6. Transportation projects;

Agricultural and rural development projects;

1. e) Infrastructure projects.

a) Detailed lists of project types are specified in the Appendix issued together with this Decree.

b) The Ministry of Construction, in collaboration with ministries managing specialized construction projects as stipulated in Clause 2, Article 41 of this Decree, shall guide the classification of construction projects mentioned in Clause 1 of this Article

c) to serve quality management activities of construction projects.

d) Agricultural works and rural development works;

d) Technical infrastructure works.

The detailed list of types of works is specified in the Appendix attached to this Decree.

2. The Ministry of Construction shall take the lead and coordinate with ministries managing specialized construction works as stipulated in Clause 2, Article 41 of this Decree to guide the classification of the types of construction works mentioned in Clause 1 of this Article.development for the purpose of managing construction work quality.

Article 7. Technical Instructions

1. Technical instructions serve as the basis for preparing tender documents, supervision, construction, and acceptance of construction works. The project owner organizes the establishment and approval of technical instructions together with the technical design or other designs implemented after the basic design.

2. Technical instructions must comply with national technical standards, standards applicable to approved investment construction projects, and requirements of the construction work design.

3. It is mandatory to establish technical instructions for special-grade, Grade I, and Grade II works. For other works, technical instructions may be established separately or specified in the explanation of the construction work design.

Article 8. Publicizing Information on the Capacity of Organizations and Individuals Engaged in Construction Works

1. Organizations and individuals provide information about their capacity in construction activities via postal service or directly to the state management agency for construction.development Such information will be publicly posted on the electronic information website managed by this agency.

2. Within thirty working days from the date of receipt of the information on construction activity capacity provided by organizations organizationand individuals, the state management agency for construction has the responsibility to review and decide to post the information on the electronic information website it manages.

3. The information on construction activity capacity mentioned in Clause 1 of this Article serves as the basis for selecting organizations and individuals to participate in the following construction activities:

a) Reviewing construction work design;

b) Conducting specialized construction experiments;

c) Supervising the quality of construction works;

d) Inspecting and appraising the quality of construction works;

d) Surveying, designing, and constructing special-grade, Grade I, and Grade II works funded by the state budget (for main contractors).

Article 9. People's Oversight over the Quality of Construction Works

1. When discovering violations of this Decree's provisions, organizations and individuals promptly report to the project owner, ||the People's Committee of the commune, ward, town where the construction work is located, or the state management agency for construction.

2. The project owner and the agency receiving people's reports have the responsibility to examine and handle them promptly in accordance with the law on complaints and denunciations.

Article 10. State Acceptance Council for Construction Works

1. The Prime Minister decides to establish the State Acceptance Council for Construction Works to assist the Prime Minister in inspecting quality management, quality of works, and acceptance procedures for important national works and some other important works when requested by the Prime Minister.

2. The Minister of Construction is the Chairman of the State Acceptance Council for Construction Works.

Article 11.

Construction works that areAverage loan repayment period is 10 years;considered for awarding quality awards construction worksy are recognized in the following forms:

1. National Quality Award for Construction Works prescribed by the Prime Minister.

2. Other quality awards for construction works prescribed by the Ministry of Construction.

Chapter

QUALITY MANAGEMENT OF CONSTRUCTION SURVEY AND DESIGN PROJECTS

Article 12. Procedures for Implementation and Quality Management of Construction Surveys

1. Establishing and approving survey tasks.

2. Selecting survey contractors.

3. Establishing and approving technical survey plans.

4. Conducting construction surveys.

5. Supervising survey activities.

6. Accepting survey results.

7. Archiving survey results.

Article 13. Responsibilities of the Project Owner

1. Select a construction survey contractor with the required capacity conditions as stipulated.

2. Organize the establishment and approval of construction survey tasks, technical survey plans, and supplementary construction survey tasks (if necessary).

3. Inspect compliance with regulations in the construction contract during the implementation of the survey.

4. Conduct supervision of construction survey work themselves or hire organizations or individuals with appropriate expertise for the type of survey.

5. Accept the report on the results of the construction survey.

Article 14. Responsibilities of the Construction Survey Contractor

1. Allocate sufficient staff with experience and relevant expertise to carry out the survey; appoint individuals with the required capacity conditions under the law to serve as the head of the construction survey; organize self-supervision during the survey process.hCarry out the survey according to the approved technical survey plan; use standard-compliant equipment and laboratories as prescribed by law and suitable for the survey work.

2. Ensure safety for personnel, equipment, technical infrastructure works, and other construction works within the survey area.

3. Protect the environment and maintain the landscape within the survey area; restore the site after completing the survey.

4. Prepare a report on the results of the construction survey that meets the requirements of the construction survey task and contract; re-inspect, re-survey, or conduct additional surveys when the survey result report does not match the natural conditions at the construction site or does not meet the requirements of the survey task.

5. Article 15. Responsibilities of the Design ContractorpoliciesDevelop construction survey tasks compatible with the design phase requirements when requested by the project owner.

6. Verify the compatibility of survey data with design phase requirements; participate in the acceptance of the construction survey result report when requested by the project owner.

Recommend the project owner to conduct additional construction surveys if survey results do not meet design requirements or if unusual factors affecting the design are discovered.

1. Article 16. Responsibilities of Organizations and Individuals Supervising Construction Surveys

2. State Audit Office trAppoint individuals with appropriate expertise for the type of survey to supervise construction surveys according to the contents of the Construction Contract.ầPropose supplementary construction survey tasks if unusual factors directly impacting design solutions are discovered during supervision.

3. Assist the project owner in accepting the results of the construction survey.

QUALITY MANAGEMENT OF DESIGN AND CONSTRUCTION OF WORKS

1. Article 17. Procedures for Implementation and Quality Management of Design and Construction of WorksồEstablish design and construction tasks for works.

2. Select a design and construction contractor for works.

Develop the design and construction of works. cReview the design by the project owner, and have it examined by the competent state management agency or consulting organization (if any). report Approve the design and construction of works.

Chapter

Accept the design and construction of works.

Article 17. Procedures for implementation and management of design quality of construction works

1. Prepare the design assignment for construction works.

2. Select the contractor for designing construction works.

3. Prepare the design for construction works.

4. Review the design by the project owner, examine the design by the competent state management agency or consulting organization (if any).

5. Approve the design for construction works.

6. Acceptance of the design for construction works.

Article 18. Responsibilities of the Project Investor

1. Organize the preparation of design tasks for construction projects based on investment reports for construction projects (pre-feasibility study report) or investment proposals approved by competent authorities.

2. Select organizations or individuals meeting the required capacity conditions to prepare designs and review construction project designs when necessary.

3. Inspect compliance with provisions in construction contracts with design contractors and design review contractors (if any) during contract implementation.

4. Inspect and submit the basic design for approval by the investment decision-maker according to the law for projects using state funds.

5. Organize the review and approval of design estimates in accordance with Article 20 of this Decree and relevant laws.

6. Implement design changes in accordance with Article 22 of this Decree.

7. Organize the acceptance of construction project design documents.

Article 19. Responsibilities of Construction Design Contractors

1. BNo. Ensure sufficient experienced and qualified personnel to carry out the design; appoint individuals meeting the required capacity conditions to serve as the head of the design project and lead the design.

2. Use appropriate standards and specificationspolicies2- The information does not belong to the priority list of warning signs.surveys that meet the requirements of the design stage and comply with the standards applicable to the project.Adhere to national technical regulations and standards applicable to the project; prepare design documents that meet the requirements of the design task, the content of each design stage, contract provisions, and relevant legal provisions.

3. Adhere toDeputy ministers of ministerial-level agencies, national technical standards, standards applicable to the project; prepare design documents that meet the requirements of the design task, the content of each design stage, contract provisions, and relevant legal provisions.

4. Implement design changes in accordance with Article 22 of this Decree.

Article 20. Organization of Review and Approval of Construction Design Stages Following Basic Design

1. The project investor organizes the technical design review for projects implementing three-stage design or construction drawing design for projects implementing one-stage, two-stage designs, and other designs implemented following the basic design, including the following steps in sequence:

a) Examine the consistency of the components and specifications of the design documents with the construction contract provisions and relevant laws, including: Design descriptions, design drawings, construction survey documents, maintenance procedures, and other documents as prescribed by relevant laws.

b) Evaluate the consistency of the design documents with the design task, basic design, construction contract requirements, and relevant legal provisions.

c) Send the design documents to the competent authority for review in accordance with Article 21 of this Decree and relevant laws.

d) Require the design contractor to explain, adopt, and revise the design documentspolicies based on the review opinions, evaluations, and examinations mentioned above.

d) During the design review process, if necessary, the project investor hires organizations or individuals with the required capacity to conduct design reviews for parts of the work they undertake.

2. The investment decision-maker approves the construction drawing design together with the Construction Technical and Economic Report for projects implementing one-stage design; the project investor approves the technical design (in the case of three-stage design) or construction drawing design (in the case of two-stage design) or other designs implemented following the basic design. The content of the design approval is stipulated in Clause 3 of this Article.policies - Construction Technical and Economic Report for sitenationalfor projects implementing one-stage design; the project investor approves the technical design (in the case of three-stage design) or construction drawing design (in the case of two-stage design) or other designs implemented following the basic design. The content of the design approval is stipulated in Clause 3 of this Article.

The person approving the design must base their approval on the fire prevention and firefighting review results from the competent authority, the design review results from the state management agency on construction in accordance with this Decree and relevant laws.

3. Content of Design Approvalpolicies:

a) General information about the project: Project name, project category (specify type and level of the project); project investor, construction design contractor; construction location, land area used; Project scale, technology, key technical parameters and economic-technical indicators;National technical standards and key standards applied; Bidding Regulations Main design solutions for project components and the entire project;

b) d) Requirements for completing and supplementing design documents and other contents (if any).

c) Construction drawing design must be confirmed by the project investor or their authorized representative before being put into construction.

d) For state secret projects, emergency projects, and temporary projects, the review and approval of design are carried out in accordance with the law on special construction project management.

Fees for design reviews by the state management agency on construction and costs for hiring organizations or individuals to participate in design reviews are included in the total investment cost and construction budget.

4. Individuals organizing design reviews, reviews, and approvals must bear responsibility for the results of their design reviews, reviews, and approvals.

5. For national secret works, emergency works, and temporary works, the review and approval of the design shall be carried out in accordance with the laws on management of special construction works.

6. Fees for examination of the design by the state management agency for construction and costs for hiring organizations or individuals to participate in examining the design shall be included in the total investment ceiling and construction budget estimate.

7. Persons organizing the review, examination, and approval of the design must bear responsibility for the results of their review, examination, and approval of the design.

Article 21. Review of Design by State Management Authority on Construction

1. The Project Investor must submit the implementation design dossier following the basic design as stipulated in Clause 5 of this Article to the State Management Authority on Construction for review for the following projects:

a) Apartment buildings from Class III upwards, individual houses from seven floors upwards;

b) Public works from Class III upwards;

c) Industrial works: Power transmission lines, hydroelectric power plants, thermal power plants, metallurgical plants, alumina production plants, cement plants from Class III upwards; for oil refining plants, gas processing plants, warehouse works and pipelines for transporting gasoline, diesel, liquefied gas, hazardous chemical production and storage plants, industrial explosives production and storage plants regardless of class;

d) Transportation works: bridges, tunnels, roads from Class III upwards for construction projects funded by state budget and from Class II upwards for projects funded by other sources; railway stations, airports, docks, ship lifts,1. Fulfilling requirements stipulated in Article 13 of Decree No. 135/2021/NĐ-CP.ports, inland waterway wharfs, cable car systems for transporting people regardless of class;toe) Agricultural and rural development works: Water reservoirs, water-retaining dams, flood discharge spillways, water intake culverts, drainage culverts, closed water conveyance channels, hydraulic tunnel works, dikes, revetments, pumping stations and other hydraulic works regardless of class;

Technical infrastructure works: From Class III upwards for projects funded by state budget and from Class II upwards for projects funded by other sources; specifically, waste treatment works for hazardous solid waste regardless of class.

e) The State Management Authority on Construction shall implement the review of designs for the projects specified in Clause 1 of this Article as follows:

2. Specialized agencies under the Ministry of Construction and specialized construction management ministries as stipulated in Clause 2 of Article 41 of this Decree shall review designs for projects within their respective specialized management areas, including: Projects under investment construction programs decided by the Minister of the specialized construction management ministry; Class I projects, special-class projects, and national key projects assigned by the Prime Minister;

a) Provincial Construction Departments and specialized construction management departments shall review designs for construction projects within their jurisdictions according to their specialized management areas, except for projects within the scope specified in Point a of this Clause;

b) The Ministry of National Defense and the Ministry of Public Security shall organize the review of designs for projects within the defense and security sectors;

c) In cases where an investment construction project includes multiple works with different types and classes as specified in Clause 1 of this Article, the leading agency organizing the design review shall be the agency responsible for reviewing the main project's design according to Points a and b of this Clause;

d) If the State Management Authority on Construction specified in Clause 2 of this Article does not have the conditions to review the design, such authority may hire or designate consulting organizations or individuals with sufficient capacity to conduct the design review;rime Minister cThe State Management Authority on Construction, organizations, and individuals conducting the design review must bear responsibility for the results of the design review they perform.

3. 4. Contents of the design review by the State Management Authority on Construction:Deputy ministers of ministerial-level agencies, a) The capability of the consulting organization or individual conducting the survey and design compared to the requirements of the Contract and legal regulations;

The conformity of the design with national technical standards and major standards applicable to the project;

The level of structural safety of the project and other safety requirements;

Specifically, for projects using state budget funds, in addition to the above review contents, the State Management Authority on Construction shall also review the following additional contents: The conformity of the design dossier with the design assignment or basic design; the rationality of the design dossier ensuring cost savings and investment efficiency.

b) The dossier submitted to the State Management Authority on Construction for design review includes the relevant dossiers related to the review contents specified in Clause 4 of this Article, including:

c) Design descriptions, design drawings, and related construction survey documents;

d) A copy of the decision approving the investment construction project (for two-step and three-step designs) or the approval of the investment construction project proposal (for one-step design);

5. Dossier on the capability conditions of the survey and design contractors;

a) The construction project estimate for projects funded by state budget.

b) Upon completion of the design review, the State Management Authority on Construction must issue a written opinion on the review results to the Project Investor.policies The time limit for the design review by the State Management Authority on Construction shall not exceed forty working days for Class I projects and above, and thirty working days for other projects, counted from the date of receipt of complete and valid dossiers.

c) Documents regarding the qualifications of contractors for surveying and designing construction works;

d) Construction budget estimate for works funded by the State budget.

6. After completing the examination of the design, the state management agency for construction must provide written comments on the examination results to the project owner.

The time limit for the examination of the design by the state management agency for construction shall not exceed forty working days for Class I works and above, and thirty working days for other works from the date of receipt of complete documents.nationalp légal.

Article 22. Modification of Construction Project Design

1. The construction project design that has been approved may be modified in the following cases:nationalp suivant :

a) When the investment project is adjusted and requires modification of the design;

b) During the construction process, if unreasonable factors are discovered that would affect the quality of the project, construction progress, construction methods, and the effectiveness of the investment if not modified;of the Government stipulating functions, tasks, powers, and organizational structure of the Ministry of Home Affairsp yếu tố organize credit institutions, foreign bank branches are responsible for organizing the implementation of this Circular.No. unreasonable if not changing the design will affect the quality of the work, construction progress, construction methods, and the effectiveness of the investment project.

2. For projects funded by state capital, when modifying the design changes the location, planning, objectives, scale, or exceeds the total investment ceiling already approved for the project, the investor must submit to the investment decision-maker for re-examination and approval of the adjustment content. In other cases, the investor has the right to decide on design modifications. The contents of the design adjustments must be reviewed, examined, and re-approved according to the provisions of this Decree.

3. The design contractor has the obligation to modify, supplement, or change unreasonable designs due to their own errors and the right to refuse unreasonable design modification requests from the investor.nationalp lý do lỗi của mình gây ra and have the right to refuse unreasonable design adjustment requests from the project owner.nationalp lý do của the project owner.

4. The investor has the right to hire another design contractor to perform modifications, supplements, or changes to the design if the original design contractor does not carry out these tasks. The design contractor performing modifications, supplements, or changes to the design shall bear responsibility for the contents they implement.policies other entities shall implement modifications and supplements to the design when the original design contractor does not perform these tasks. The design contractor who implements modifications and supplements to the design shall bear responsibility for the contents they undertake.

Chapter

QUALITY MANAGEMENT OF CONSTRUCTION PROJECTS

Article 23. Procedures for Implementation and Quality Management

1. Selection of construction contractors.

2. Preparation and approval of construction methods.

3. Inspection of conditions for starting construction and reporting to the competent state management agency as prescribed before commencement.

4. Organization of construction work and supervision, acceptance during the construction process.

5. Quality inspection of construction projects and components as prescribed in this Decree.

6. Inspection of completion acceptance of construction project components or completed construction projects before putting them into use as prescribed in Clause 3, Article 32 of this Decree.

7. Acceptance of completed construction project components or completed construction projects for use.

8. Preparation of completion documentation for construction projects and storage of project records as prescribed. complete the construction work, store the work's documents according to regulations.

Article 24. Responsibilities of the Investor

1. Selecting organizations and individuals with sufficient qualifications as prescribed to undertake construction works, construction site supervision (if applicable), testing, and quality inspection of construction works (if applicable), and other construction consulting services.

2. Notifying related contractors about the duties and authorities of individuals within the investor's and construction site supervision contractor's quality management system for coordination.

3. Inspecting the conditions for starting construction projects as stipulated in Article 72 of the Construction Law.

4. Verifying the capability of construction contractors against tender documents and construction contracts, including: manpower, construction equipment, specialized construction laboratories, and the quality management system of construction contractors.

5. Inspecting the mobilization and allocation of manpower by construction site supervision contractors against the requirements of construction contracts.

6. Inspecting and supervising during the construction process, including:

a) Inspecting materials, components, construction products, and installed equipment; conducting necessary quality tests;

b) Inspecting construction methods which clearly specify safety measures for personnel, machinery, equipment, and construction works of construction contractors;

c) Supervising and urging construction contractors and other contractors to carry out work at the site;

d) Requesting design contractors to adjust when design errors or unreasonable aspects are found;

d) Inspecting documents for completion acceptance;

e) BusinessdevelopmentChecking and confirming completion drawings.

7. Implementing environmental protection regulations for construction projects as prescribed by environmental protection laws.

8. Organizing inspections of parts of construction projects, components, and entire construction projects when there are doubts about quality or when required by state management agencies. Pursuant to the Law on Technical Standards and Regulations dated June 29, 2006 and Decree No. inspect parts of the construction work, sub-projects, and the entire construction work when there is doubt about its quality or when requested by the state management agency.

9. Organizing the acceptance of construction projects.

10. Organizing the preparation of completion documentation for construction projects.

11. Suspending or stopping construction for construction contractors if it is determined that construction quality does not meet technical requirements or construction methods do not ensure safety.

12. Taking the lead and coordinating with relevant parties to resolve issues and incidents arising during construction projects and handling and rectifying faults as prescribed in this Decree.ắhandle issues arising during the construction of the work and deal with and rectify accidents in accordance with the provisions of this Decree.

13. Preparing and submitting completion reports for putting construction projects into use or special reports when required and sending them to the competent state management agency for construction as prescribed in this Decree.

14. The investor may hire a consulting supervision contractor to perform part or all of the tasks specified in Clause 3, Clause 4, Clause 6, Clause 9, Clause 10, and Clause 13 of this Article and other tasks as needed.

The investor is responsible for inspecting the performance of the consulting supervision contractor according to the requirements of the Construction Contract and relevant laws.

Article 25. Responsibilities of the Construction Contractor

1. Establish a quality management system appropriate to the scale of the project, specifying the responsibilities of each individual and each department for the management of construction quality.

2. Define the responsibilities for managing the quality of construction projects among the parties trin cases where the general contracting form for construction works; design and construction general contracting; design, supply of technological equipment and construction general contracting; project investment and construction general contracting, design, supply of technological equipment and construction, and other forms of general contracting (if any).

3. Allocate manpower, provide materials, and construction equipment according to the requirements of the contract and relevant laws.

4. Accept and manage the construction site, preserve the positioning marks and boundary marks of the project.

5. Develop and price framework for power generation construction measures in which clearly specify the measures ensuring safety for people, machines, equipment and construction progress, except where otherwise provided in the contract.

6. Carry out inspection and testing of materials, components, supplies, and construction equipment, technological equipment before construction and installation in accordance with standards, design requirements, and construction contract requirements.

7. Construct in accordance with the construction contract, construction permit, and design drawings; ensure the quality of the project and safety during construction.

8. Promptly notify the project owner if any discrepancies are found between the design, contract documents, and site conditions.

9. Repair any errors or defects in quality for work performed by themselves; take the lead and cooperate with the project owner to address consequences of incidents during construction; prepare incident reports and cooperate with related parties during the investigation of incident causes.

10. Maintain construction project records as prescribed.

11. Prepare completion drawings as prescribed.

12. Report to the project owner on progress, quality, quantity, labor safety, and construction environmental hygiene as required by the project owner.

13. Return the construction site, move materials, machinery, equipment, and other assets out of the site after the project has been accepted and handed over, except where otherwise agreed in the contract.

Article 26. Responsibilities of the Manufacturer, Producer, Supplier of Materials, Products, Equipment, and Components for Construction Projects

1. Ensure the quality of construction materials, products, equipment, and components in accordance with published standards and corresponding national technical regulations, meeting design requirements.

2. Provide the tenderer with complete information and documentation related to the product or goods in accordance with laws on product quality and other relevant laws; ensure labeling requirements for products and goods.

3. Implement conformity certification and standard compliance as prescribed by law and conduct quality testing as required by the contract.ồc) Participating in assessing the conditions of food production and business establishments in the area according to the分级回复

4. Fulfill agreements with the tenderer regarding inspection procedures and methods for construction materials, products, equipment, and components before and during production, as well as during supply, use, and installation in the project.

Article 27. Responsibilities of the Construction Supervision Contractor

1. Appoint individuals with sufficient capacity as prescribed to perform the duties of the supervision head and other supervision positions.

2. Establish an organizational chart and supervision outline including the tasks, authorities, and obligations of the supervision positions, develop plans and procedures for quality control, inspection, and acceptance, and methods for managing relevant documents during construction supervision.

3. Conduct construction supervision according to the requirements of the construction contract, the approved supervision outline, and the legal regulations on construction project quality management.

4. Accept the work performed by the construction contractor according to the requirements of the construction contract.

Article 28. Responsibilities of the Design Contractor for Author's Supervision

1. For three-stage design, the contractor shall prepare technical designs; for one-stage or two-stage design, the contractor shall prepare construction drawings and appoint individuals with sufficient capacity to perform author's supervision during construction under non-routine or routine supervision regimes as agreed upon separately with the project owner in the contract.

2. Explain and clarify construction design documents when requested by the project owner, construction contractor, and construction supervision contractor.

3. Coordinate with the project owner upon request to resolve design issues arising during construction, adjust the design to suit actual construction conditions, and address unreasonable aspects of the design as required by the project owner.

4. Promptly notify the project owner and recommend measures to address construction that deviates from the approved design of the construction contractor.

5. Participate in the acceptance of construction projects when requested by the project owner; if any project component or construction project does not meet acceptance criteria, promptly provide commentspoliciesin writing to the projectlogoowner.ầArticle 29. Management of Safety During Construction

of Construction Projects

1. Safety measures and labor safety rules must be publicly displayed at the construction site so that everyone can see and comply with them; hazardous areas on the site must have warning signs to prevent accidents. building, Individuals operating machinery and equipment and those performing jobs with strict labor safety requirements as stipulated by labor safety laws must be trained in labor safety and hold labor safety certificates as prescribed.

2. Machinery and equipment with strict labor safety requirements must be inspected and registered with competent state management agencies as prescribed before being allowed to operate on-site. They must adhere to safety procedures and measures while in operation.

3. The project owner is responsible for organizing inspections and urging the construction contractor to comply with approved construction methods and safety solutions.

4. Workers participating in construction on-site must be healthy, trained in safety, and provided with full personal protective equipment as prescribed by labor laws.Depending on the scale of housing, surveying for construction shall be conducted in accordance with the following regulations: State management agencies for construction provide guidance and inspect safety assurance during construction as prescribed.

5. In case of safety incidents during construction, their resolution shall follow the provisions of Chapter VI of this Decree.

6. The project owner is responsible for organizing inspections and urging the construction contractor to comply with construction methods and safety measures that have been approved.

7. Workers participating in construction work on site must be healthy, trained in safety, and provided with full personal protective equipment in accordance with labor laws.

8. The state management agency for construction shall guide and inspect compliance with safety regulations during construction.

9. When there is a safety accident during construction, the handling of the accidentNo. shall be in accordance with the provisions of Chapter VI of this Decree.

Article 30. Establishment and storage of completion files for construction projects and building works

1. Completion files for construction project components and building works must be fully established by the investor before putting the construction project component or building work into operation.

2. A single completion file for the entire investment project may be established if all building works (project components) within the project are put into operation at the same time. If the building works (project components) are put into operation at different times, separate completion files can be established for each individual building work (project component).

3. The number of completion files for building works shall be determined by the investor based on agreements with contractors and other relevant parties.

4. Storage of completion files for building works shall be carried out in accordance with legal regulations on archiving.

Article 31. Organization of acceptance inspection for building works

1. The investor is responsible for organizing the acceptance inspection of building works, including:ồAcceptance inspection of construction activities during the construction process; acceptance inspection of completed project components and building works to put them into use.

In cases where necessary, the investor may stipulate acceptance inspections for important construction phases.

2. The construction contract must clearly specify the tasks to be inspected and handed over; the basis, conditions, procedures, timing, documents, forms, minutes, and personnel involved in the acceptance and handover of completed project components and building works.policiesThe results of the acceptance and handover must be recorded in a protocol.

3. Completed building works and project components can only be put into use after being accepted by the investor according to regulations.

4. Specifically, building works and project components specified in Clause 1, Article 21 of this Decree must also be inspected by state management agencies for construction before being put into use.

Article 32. Inspection of acceptance for putting building works into use

1. State management agencies for construction inspect the acceptance conducted by investors for building works and project components specified in Clause 1, Article 21 of this Decree, including:Deputy ministers of ministerial-level agencies,a This Decree includes:

a) Specialized agencies under the Ministry of Construction and specialized construction project management ministries inspect building works specified in Point a, Clause 2, Article 21 of this Decree;

ầuProvincial Construction Departments and specialized construction project management provincial departments inspect building works specified in Point b, Clause 2, Article 21 of this Decree;

The Ministry of National Defense and the Ministry of Public Security organize inspections for construction works in the defense and security sectors.

2. Ten working days prior (for Class II, III, and IV projects) or twenty working days prior (for Special Class and Class I projects) to the date the investor plans to conduct the acceptance and put the building work or project component into use, the investor must submit a report on the completion of the project component or building work along with the completion file to the competent state management agency as stipulated in Clause 1 of this Article.

3. The competent state management agency as stipulated in Clause 1 of this Article shall have the responsibility to:

a) Inspect completed building works and project components, and verify compliance with legal regulations on construction quality management upon receipt of the investor's report; inspect important construction phase acceptance activities when necessary; trRequest the investor and related parties to explain and rectify any issues (if any);

b) Require the investor and related parties to test the quality of building components, project components, or the entire building work when necessary;

c) Conclude

d) in writing about the inspection contents within fifteen working days (for Class III and IV projects) or thirty working days (for Special Class, Class I, and Class II projects) from the date of receiving the file as stipulated in Clause 2 of this Article. discussion If the investor has not received the conclusion of the inspection from the competent state management agency within the aforementioned period, the investor is entitled

to organize the acceptance and put the building work into use. The aforementioned state management agency shall bear responsibility for the absence of its inspection conclusion. trresponsibility for not having their own inspection conclusions.

Article 33. Dispute Resolution Regarding the Quality of Construction Works

When there are differing evaluations regarding the quality of products, parts of construction works, and construction works themselves among subjects, the resolution shall be carried out in accordance with the following procedures:

1. The parties involved have the responsibility to negotiate and resolve the dispute.

2. In cases where an agreement cannot be reached, the parties involved may request the state management agency for construction to provide guidance on resolution.

3. To resolve disputes through the court according to the provisions of the contract and the law.

Chapter

WARRANTY FOR CONSTRUCTION WORKS

Article 34. Warranty for Construction Works

1. The contractor for construction works and the supplier of equipment for construction works have the responsibility to warranty the construction works and the equipment. The warranty period for construction works starts from the date the project owner signs the acceptance certificate putting the construction works or individual components into use, or based on the provisions of the construction contract and equipment supply contract, but must comply with the following requirements:

a) Not less than twenty-four months for special-grade and first-grade construction works;

b) Not less than twelve months for other grades of construction works;

c) The warranty period for residential construction works shall be implemented in accordance with the law on housing.

2. During the warranty period, the contractor for construction works and the supplier of equipment for construction works must carry out the warranty work upon receiving notification from the project owner. If the contractors mentioned above do not perform the warranty work, the project owner has the right to use the warranty money to hire another organization or individual to repair.policiesThe project owner must agree in the contract with the participating contractors about the rights and responsibilities of each party in the warranty of construction works; the amount of warranty money and the retention, use, and return of the warranty money according to the law on contracts in construction activities.

3. Article 35. Responsibilities of the Parties Regarding the Warranty of Construction Works

The project owner, owner, or manager/user of the construction works has the following responsibilities:

1. Operating,

a) maintaining the construction works in accordance with the prescribed operation and maintenance procedures for construction works; Inspecting and identifying damage to the construction works to request the contractor for construction works and the supplier of equipment for construction works to repair or replace;

b) Supervising and accepting the completion of repair and maintenance work by the contractor for construction works and the supplier of equipment for construction works;

c) Confirming the completion of the warranty for construction works

d) by the contractor for construction works cand the supplier of equipment for construction works. The contractor for construction works and the supplier of equipment for construction works have the following responsibilities:

2. Organizing immediate rectification after receiving requests from the project owner, owner, or manager/user of the construction works and bearing all costs of rectification;

a) Refusing warranty in cases where damage occurs due to reasons not attributable to the contractor's fault or due to force majeure.

b) The construction surveyor, design contractor, construction contractor, equipment supplier for construction works, and other related contractors are responsible for the quality of the construction works corresponding to their respective tasks, including after the warranty period.

3. INCIDENTS IN CONSTRUCTION WORKS AND EXPLOITATION, USE OF CONSTRUCTION WORKS

Chapter

ACCIDENTS IN CONSTRUCTION WORK AND EXPLOITATION AND USE OF CONSTRUCTION WORKS

Article 36. Classification and Grading of Incidents in Construction and Operation and Use of Construction Works

1. Types of incidents in construction and operation and use of construction works (collectively referred to as incidents) include: Construction work incidents (main works, auxiliary works, temporary works, adjacent works); labor safety incidents involving persons or construction equipment; fire and explosion incidents occurring during construction and operation and use of construction works.

2. Incident levels are divided into four grades based on the degree of damage to people and property, including: extremely serious level, Level I, Level II, and Level III.

Article 37. Reporting

1. Immediately upon occurrence of an incident, using the fastest method, the project owner must report a summary of the incident to ||the People's Committee of the commune where the incident occurred and their superior agency, ||the People's Committee of the commune must immediately report to ||the People's Committee of the district and province about the incident.

2. Within 24 hours from the time of the incident, the project owner must report the incident in writing to ||the People's Committee of the district and ||the People's Committee of the province where the incident occurred. For all types of incidents, if there is damage to people, the project owner must also submit a report to the Ministry of Construction and other competent state management agencies as prescribed by relevant laws.

3. After receiving a written report or obtaining information about the incidentNo., ||the People's Committee of the province has the responsibility to report the incident to the Ministry of Construction and the specialized construction management agency for extremely serious incidents, Level I incidents, and other incidents causing damage to people. The Ministry of Construction has the responsibility to report extremely serious incidents and other cases to the Prime Minister when requested by the Prime Minister.

4. State management agencies at all levels have the right to request the project owner and related parties to provide information about the incident.

Article 38. Resolution of Incidents

1. When an incident occurs, the project owner and the construction contractor have the responsibility to promptly implement measures to search, rescue, ensure safety for people and assets, limitpolicies and prevent further dangers that may continue to occur; organize protection of the incident site and comply with reporting requirements as stipulated in Article 37 of this Decree.

||People's Committees at all levels direct and support related parties to organize rescue forces, protect the incident site, and perform other necessary tasks during the resolution process.

2. Demolition and cleanup of the incident site must be approved by the competent authority as prescribed by relevant laws and must meet the following requirements:ầas follows:

a) It must be carried out according to a plan ensuring safety for people, assets, and adjacent works;

b) The incident site must be photographed, filmed, evidence collected, and recorded necessary materials for serving the investigation of the cause of the incident and establishing an incident file before demolition and cleanup. necessary documents to serve the investigation of the cause of the accident and the preparation of the accident report before demolition and clearance.

3. The incident must be thoroughly resolved to determine the correct cause, ensuring the quality of the work as specified in the design. After resolving the incident, the work must be continued or put into use with the approval of the competent state agency as prescribed by relevant laws.

4. Organizations and individuals causing the incident are responsible for compensating for losses and costs for resolving the incident depending on the nature, extent, and scope of impact of the incident.

Article 39. Organization for the Appraisal of the Cause of Incidents

1. The authority to organize the appraisal of the cause of incidents is prescribed as follows:

a) The Ministry of Construction shall take the lead and coordinate with specialized construction management ministries and provincial people's committees to organize the appraisal of the cause of extremely serious incidents and Class I incidents. ||Provincial people's committees shall organize the appraisal of the cause of Class II and Class III incidents within their jurisdiction;

In cases where necessary, the Prime Minister may decide to establish an Incident Investigation Commission to appraise the cause and handle related issues for extremely serious incidents.

b)Provincial people's committees shall organize the appraisal of the cause of Class II and Class III incidents within their jurisdiction; trProvincial people's committees may request specialized construction management ministries to cooperate or implement the appraisal of the cause of incidents when necessary; ||The Ministries of National Defense and Public Security shall organize the appraisal of the cause of incidents for construction works under their management in the defense and security sectors. The Ministries of National Defense and Public Security may request the Ministry of Construction and specialized construction management ministries to cooperate in implementing the appraisal of the cause of incidents when necessary.

c) Contents of the appraisal of the cause of incidents:

2. Collecting relevant files, documents, technical data and performing specialized tasks to determine the cause of the incident;

a) Evaluating the safety level of the construction work after the incident;

b) Assigning responsibility to organizations and individuals involved;

c) Proposing preventive measures against similar incidents;

d) Independence - freedom - happinesson d) Preparing the file on the appraisal of the cause of the incident, including: Report on the appraisal of the cause of the incident and related documents during the process of appraising the cause of the incident.

State management agencies with the authority to organize the appraisal of the cause of incidents may directly conduct the appraisal or designate competent inspection organizations to perform the appraisal.councillORSInvestors, surveyors, designers, and contractors of construction works have the obligation to comply with the requirements of state management agencies with the authority during the process of appraising the cause of incidents.

3. Strictly prohibiting organizations and individuals from obstructing or interfering with the process of appraising the cause of incidents conducted by state management agencies.

4. Article 40. Incident Files Investors, owners, or users responsible for establishing incident files shall include the following contents:

5. 1. On-site inspection records of the incident containing: Name of the construction work, section of the construction work where the incident occurred; location of the construction work, time of occurrence, brief description and development of the incident; condition of the construction work at the time of the incident; preliminary information about casualties and material losses; preliminary information about the cause of the incident.

Design and construction-related documents of the construction work.

File on the appraisal of the cause of the incident.No. Documents related to the resolution process of the incident.ồArticle 41. State Management Responsibility for the Quality of Construction Works

The Ministry of Construction shall uniformly manage the quality of construction works nationwide and manage the quality of specialized construction works, including: Civil construction works, industrial construction works using building materials, and infrastructure works.

2. Specialized construction management ministries:

3. The Ministry of Transport manages the quality of transportation construction works;

4. The Ministry of Agriculture and Rural Development manages the quality of agricultural construction works and rural development;

Chapter

STATE MANAGEMENT OF QUALITY OF CONSTRUCTION PROJECTS

The Ministry of Industry and Trade manages the quality of mining tunnel, oil and gas, power plant, power transmission line, substation, and other specialized industrial construction works.

1. The Ministries of National Defense and Public Security manage the quality of construction works in the defense and security sectors. tr4. Provincial People's Committees manage the quality of construction works within their jurisdiction.

2. The Department of Construction and specialized construction management departments assist provincial people's committees in managing the quality of specialized construction works as follows:

a) The Department of Construction manages civil construction works, industrial construction works using building materials, and infrastructure works;

b) The Department of Transport manages the quality of transportation construction works;

c) The Department of Agriculture and Rural Development manages

3. the quality of agricultural construction works and rural development;

d) The Department of Industry and Trade manages the quality of mining tunnel, oil and gas, power plant, power transmission line, substation, and other specialized industrial construction works.provincial people's committees managing the quality of construction works within their jurisdiction. trthem in their respective jurisdictions. The Department of Construction and specialized construction management departments assist ||provincial people's committees manage the quality of specialized construction works as follows:

a) The Department of Construction manages civil works, industrial works using building materials, and technical infrastructure works;

b) The Department of Transport manages the quality of transportation works;

c) The Department of Agriculture and Rural Development manages the quality of agricultural works and rural development works;

d) The Department of Industry and Trade manages the quality of oil and gas mines, power plants, power transmission lines, substations, and specialized industrial works.

Article 42. Contents of State Management on Construction Project Quality by the Ministry of Construction

1. Issuing and guiding regulatory legal documents within its authority regarding construction project quality management.

2. Organizing regular inspections according to plans and spot checks on the quality management work of ministries, sectors, localities, subjects participating in construction projects, and inspecting the quality of construction projects when necessary.

3. Requesting and urging relevant ministries managing specialized construction projects to implement. ||People's Committees of provinces to carry out regular inspections on quality management work and construction project quality within their jurisdiction.

4. Announcing on the electronic information page managed by the Ministry about the capabilities of organizations and individuals engaged in construction projects nationwide as stipulated in Clause 1, Article 8 of this Decree.

5. Reviewing construction design for specialized projects as prescribed in Point a, Clause 2, Article 21 of this Decree.FConducting inspections on the acceptance and commissioning of construction projects for use for specialized projects under its management scope and coordinating with specialized construction project management ministries to inspect other specialized projects as prescribed in Article 32 of this Decree.

6. Organizing quality appraisals of construction projects when requested or when discovering that projects do not meet design requirements and have structural safety risks; organizing investigations into accident causes as prescribed in Article 39 of this Decree.

7. Chairing the organization of awards for construction project quality as prescribed in Article 11 of this Decree.

8. Reporting annually to the Prime Minister on the situation of quality and quality management of construction projects nationwide and reporting promptly when required.

9. Total anti-corruption;Handling violations related to construction project quality management as prescribed in this Decree.

10. Implementing other management contents as prescribed by relevant laws concerning construction project quality management.

11. Article 43. Contents of State Management on Construction Project Quality by Other Ministries and Sectors

Ministries managing specialized construction projects shall be responsible for construction project quality management as follows:

1. Guiding the implementation of regulatory legal documents on construction project quality management applicable to specialized projects;

a) Organizing regular inspections according to plans and spot checks on the quality management work of subjects participating in construction projects and inspecting the quality of specialized construction projects under their management when necessary or upon request from the Ministry of Construction;

b) Reporting to the Ministry of Construction inspection plans, results of inspections on quality management work and quality of construction projects under their management;

c) Reviewing construction design for projects as prescribed in Point a, Clause 2, Article 21 of this Decree;

d) d) Chairing and coordinating with the Ministry of Construction to inspect the acceptance and handover for use of construction projects as prescribed in Article 32 of this Decree;

e) Coordinating with competent state management agencies to organize investigations into accident causes for specialized construction projects;

e) Coordinating with the Ministry of Construction to organize awards for construction project quality as prescribed in Article 11 of this Decree.

g) The Ministry of National Defense and the Ministry of Public Security shall be responsible for construction project quality management as follows:

2. Guiding the implementation of regulatory legal documents on construction project quality management in the defense and security fields;

a) Organizing regular inspections according to plans and spot checks on the quality management work of subjects participating in construction projects and inspecting the quality of construction projects in the defense and security fields under their management;

b) Organizing the implementation of design reviews for construction projects in the defense and security fields under their management; trd) Inspecting the acceptance and handover for use of construction projects as prescribed in Point c, Clause 1, Article 32 of this Decree;

c) e) Organizing investigations into accident causes for construction projects in the defense and security fields under their management.

Ministries managing specialized construction project quality, the Ministry of National Defense, the Ministry of Public Security, and other ministries and sectors shall aggregate and report to the Ministry of Construction on the situation of quality and quality management of construction projects under their management before December 15 each year.

đ) Organize the investigation of the cause of the accident for construction under the defense and security sectors managed by the Ministries.

3. Ministries managing the quality of specialized construction works, the Ministry of National Defense, the Ministry of Public Security, and other Ministries and sectors shall compile and report to the Ministry of Construction on the quality situation and management of construction works under their management by December 15 each year in accordance with Clause 2, Article 21 of this Decree.

Article 44. State Management Responsibilities for Construction Project Quality

1. Allocation and Delegation trResponsibilities for state management of construction project quality shall be allocated to specialized construction project management departments, ||People's Committees at district level.

2. Guide the implementation of legal normative documents on construction project quality management within their jurisdiction.

3. Inspect compliance with the provisions of this Decree by organizations and individuals involved in construction projects within their jurisdiction.

4. Organize cause investigation of incidents according to Article 39 of this Decree.

5. The Ministry of National Defense and the Ministry of Public Security shall be responsible for construction project quality management as follows:

6. Summarize and report to the Ministry of Construction on the situation of construction project quality and quality management within their jurisdiction before December 15 each year and submit ad hoc reports when required.

Article 45. Responsibilities of Specialized Agencies Assisting

1. The Department of Construction is the lead agency assisting ||People's Committees at provincial level in uniformly managing state construction project quality within their jurisdiction, performing the following tasks:

a) Submit to the Chairman ||of People's Committees at provincial level for issuance of guiding documents for implementing legal normative documents on construction project quality management within their jurisdiction;

b) Guide People's Committees at district level, organizations and individuals involved in construction projects to implement legal regulations on construction project quality management.

c) Regularly and periodically inspect, and conduct ad hoc inspections of quality management work of agencies, organizations, and individuals involved in construction projects and the quality of construction projects within their jurisdiction;

d) Coordinate with specialized construction project management departments to inspect compliance with regulations on specialized construction project quality management;

d) Review design of specialized construction projects managed by the department according to Point b Clause 2 Article 21 of this Decree;developmentm Clause 2, Article 21 of this Decree;

e) Publish on the electronic information website managed by the department the capacity of organizations and individuals engaged in construction projects within their jurisdiction according to Clause 1 Article 8 of this Decree;

g) Assist ||People's Committees at provincial level in organizing quality inspection of construction projects upon request and conducting cause investigation of incidents according to Article 39 of this Decree; monitor, summarize, and report The People's Committees at provincial level on incident situations within their jurisdiction;

h)||| Inspect acceptance and handover of specialized construction projects into use according to Article 32 of this Decree for specialized construction projects managed by the department;

i) Report ||People's Committees at provincial level regularly and ad hoc on compliance with regulations on construction project quality management and the situation of construction project quality within their jurisdiction;

k) Assist ||People's Committees at provincial level in summarizing and reporting to the Ministry of Construction on the situation of construction project quality within their jurisdiction annually and ad hoc; report lists of contractors violating regulations on construction project quality management when participating in construction activities within their jurisdiction.

2. Specialized construction project management departments have the responsibility:

a) Take the lead and coordinate with the Department of Construction to regularly and periodically inspect, and conduct ad hoc inspections of quality management work of organizations and individuals involved in specialized construction projects and the quality of specialized construction projects within their jurisdiction;

b) Assist ||People's Committees at provincial level review design of specialized construction projects according to Point b Clause 2 Article 21 of this Decree;

c) Take the lead and coordinate with the Department of Construction to inspect acceptance and handover of specialized construction projects into use according to Article 32 of this Decree for specialized construction projects;

d) Coordinate with the Department of Construction to organize quality inspection of specialized construction projects upon request and conduct cause investigation of incidents involving specialized construction projects; summarize and report ||People's Committees at provincial level, the Department of Construction on the situation of specialized construction project quality within their jurisdiction annually and ad hoc.

3. People's Committees at district level have the responsibility:People's Committees at commune level, organizations and individuals involved in construction activities within their jurisdiction to implement legal normative documents on construction project quality management;

a) for use ||Periodically and ad hoc inspect compliance with regulations on construction project quality management for construction projects authorized to make investment decisions and issue construction permits within their jurisdiction;

b) Coordinate with the Department of Construction and specialized construction project management departments to inspect construction projects within their jurisdiction upon request;

c) Report incidents and resolve incidents according to Articles 37 and 38 of this Decree;

d) d) Summarize and report

People's Committees at provincial level and the Department of Construction annually and ad hoc on compliance with regulations on construction project quality management and the situation of construction project quality within their jurisdiction. ||provincial people's committees and the Department of Construction shall periodically annually and urgently check compliance with regulations on the management of construction work quality and the situationìof construction work quality in their jurisdiction.

Article 46. Handling Violations Related to Construction Quality Management

1. When violations of this Decree are discovered through inspection work or reported by organizations or individuals, state management agencies for construction must promptly require relevant organizations and individuals to rectify the situation and simultaneously propose handling according to the provisions of laws on administrative penalties in construction activities. Organizations and individuals who violate the regulations, in addition to complying with the rectification requirements of the state management agency for construction and bearing penalties prescribed by law, shall also have their names and violation acts published on the electronic information website of the state management agency for construction.

2. In cases where the quality of the project does not meet the requirements Investors, owners, or users responsible for establishing incident files, posing a risk of collapse or where construction methods do not ensure safety, the state management agency for construction has the right to temporarily halt construction and only allow resumption after the project owner and contractors have rectified the issues and ensured safety.

Chapter

IMPLEMENTING PROVISIONS

Article 47.

1. This Decree takes effect from April 15, 2013, and replaces Government Decree No. 209/2004/NĐ-CP dated December 16, 2004, on construction quality management, Government Decree No. 49/2008/NĐ-CP dated April 18, 2008, on amending and supplementing certain articles of Government Decree No. 209/2004/NĐ-CP dated December 16, 2004, on construction quality management, and replaces Clause 4 of Article 13, Article 18, and Article 30 of Government Decree No. 12/2009/NĐ-CP dated February 12, 2009, on construction project management. Previous government regulations, those of ministries, ministerial-level agencies, and localities that conflict with this Decree are abolished.uquality management of construction works building, Decree No. 49/2008/ND-CP dated April 18, 2008 of the Government amending and supplementing some articles of Decree No. 209/2004/ND-CP dated December 16, 2004 of the Government on construction work quality management, replacing Clause 4, Article 13, Article 18, and Article 30 of Decree No. 12/2009/ND-CP dated February 12, 2009 of the Government on construction project investment management. Previous government regulations, ministries, and localities' regulations contrary to this Decree are abolished. 4 namendm 2008 of the Government amending and supplementing some articles of Decree No. 209/2004/ND-CP dated December 16, 2004 of the Government on construction work quality management, Decree No. 49/2008/ND-CP dated April 18, 2008 of the Governmentograms andm 2008 of the Government amending and supplementing some articles of Decree No. 209/2004/ND-CP dated December 16, 2004 of the Government on construction work quality management, Decree No. 49/2008/ND-CP dated April 18, 2008 of the Governmentđượm 2008 of the Government amending and supplementing some articles of Decree No. 209/2004/ND-CP dated December 16, 2004 of the Government on construction work quality management, Decree No. 49/2008/ND-CP dated April 18, 2008 of the Government

2. The provision on using information about capacity to select contractors in construction activities at Clause 3 of Article 8 of this Decree takes effect from September 1, 2013.

3. Projects that have already obtained certification of sufficient load-bearing conditions and certification of compliance with construction quality standards before the effective date of this Decree, as stipulated in Government Decree No. 209/2004/NĐ-CP dated December 16, 2004, on construction quality management, and Government Decree No. 49/2008/NĐ-CP dated April 18, 2008, on amending and supplementing certain articles of Government Decree No. 209/2004/NĐ-CP dated December 16, 2004, on construction quality management, shall continue to be implemented until completion of the project.councillORS This Decree takes effect in accordance with the provisions of Decree No. 209/2004/ND-CP dated December 16, 2004 of the Government on construction work quality management, Decree No. 49/2008/ND-CP dated April 18, 2008 of the Government of the Government regarding the amendment and supplementation of certain articles of Decree No. 209/2004/NĐ-CP dated December 16, 2004 of the Government on construction project quality management, shall continue to be implemented until the completion of the projects.

Article 48. Provincial People's Committees, city people's committees directly under the central government, heads of political organizations, political-social organizations, social-professional organizations, and related

1. of provinces and centrally-administered cities are responsible for implementing this Decree./. ||individuals are responsible for implementing this Decree. organizationIndividuals and organizations related thereto are responsible for implementing this Decree.

2. The Ministry of Construction shall guide the following contents: Registration and publication of information of organizations and individuals participating in construction activities; design review by state management agencies for construction, organization and operation of construction supervision consulting organizations; detailed provisions on other management contents regarding construction quality and emergency response according to this Decree. tra design by the state management agency for construction, organization and operation of construction supervision consulting organizations; detailed provisions on other contents concerning construction quality management and emergency level classification according to this Decree.

3. The Ministry of Finance, in coordination with the Ministry of Construction, shall guide fees for design reviews by state management agencies for construction.

4. The Ministry of Public Security and the Ministry of National Defense, in coordination with the Ministry of Construction, shall specify the list of projects within the defense and security sectors.

5. During the period when guiding documents on classification of projects have not been issued,June 2024;existing classification documents shall continue to be applied until new regulations are issued.June 2024;c type of construction project buildingallowing continued application according to stipulating currently h/