Decision No. 1562/1999/QD-BGTVT on the issuance of the Construction Supervision Consulting Regulation for Construction Projects in the Transport Industry

Pursuant to …;

Regarding the issuance of the Construction Supervision Consulting Regulations

in the Transport Industry

________________

THE MINISTER OF TRANSPORTATION

- Based on Decree 22/CP dated March 22, 1994 of the Government stipulating tasks, authorities, responsibilities for state management and organizational structure of the Ministry of Transport;

- Based on the Investment and Construction Management Charter issued pursuant to Decree 42/CP dated July 16, 1996 and Decree No. 92/CP dated August 23, 1997 amending and supplementing certain articles of the Investment and Construction Management Charter of the Government;

- Based on the Construction Quality Management Charter issued pursuant to Decision No. 498/BXD-GD dated September 18, 1996 of the Minister of Construction;

- In accordance with the proposal of the Director General of the Construction Inspection and Quality Management Department;

Pursuant to …;

Article 1: Now hereby issuing along with this Decision the "Construction Supervision Consulting Regulations in the Transport Industry".

Article 2: This Decision shall take effect 15 days from the date of signature and replace Decision No. 177/CGD dated January 26, 1997 regarding the issuance of the Construction Supervision Consulting Work Regulations of the Ministry of Transport.

Article 3: The Heads of the Ministry's Office, the Inspectorate, the Departments under the Ministry, the Directors of the Construction Inspection and Quality Control Department, the specialized Departments, the General Directors of the Vietnam Railway Corporation, the Project Management Boards directly under the Ministry, the Joint Stock Companies, the Directors of the Transport Departments, the Public Works Departments, and the Heads of related agencies and units in the transport industry are responsible for implementing this Decision.

REGULATIONS

Construction supervision consulting in the Transport Industry

(Issued pursuant to Decision No. 1562/1999/QĐ-BGTVT dated June 29, 1999)

of the Ministry of Transport)

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Chapter 1

GENERAL PROVISIONS

Article 1: Scope and Object of Application

These regulations govern construction supervision consulting activities and are uniformly applicable to all investment projects for constructing works in the transport industry (hereinafter referred to as GTVT).

Article 2: Terms Used in These Regulations

2.1. "Construction supervision consulting" (hereinafter referred to as TVGS) is a consultancy service to monitor, urge, inspect, evaluate progress, quality, and cost of works according to a Contract with the project owner.

2.2. "Consultancy supervision organization" is an organization with legal personality, professional capacity, and supervisors holding TVGS certificates.

2.3. "Construction supervision consulting certificate" is a certificate confirming the professional capability of individuals involved in construction supervision work, who have completed training and passed the TVGS standards, issued by competent authorities under the Ministry of Transport.

Article 3: All construction projects in the transport industry must select or designate a TVGS organization meeting the criteria set out in Clause 2.2 of these regulations to carry out TVGS work.

Chapter II

DUTIES, POWERS, AND RESPONSIBILITIES OF THE CONSTRUCTION SUPERVISION CONSULTANCY ORGANIZATION

Article 4: Duties of the Construction Supervision Consulting Organization

The Construction Supervision Consulting Organization shall fully perform the duties signed in the Contract with the Owner and represent the Owner in managing the quality, progress, and cost of construction works. Specifically:

4.1. Quality management is the primary and main duty, as well as the highest responsibility of TVGS.

1. Inspect design drawings and technical instructions approved and compare them with the site; propose solutions to the Owner for addressing issues in the design documents to align with reality.

2. Review and sign off on construction drawings approved by the Owner.

3. Based on the design documents, technical instructions in the tender dossier, current industry standards, and national standards, implement quality supervision work during construction:

a) Verify and confirm the quantity and quality of machinery and equipment (especially key equipment that must be complete) of the main contractor and subcontractors according to the technical instructions in the tender dossier;

b) Regularly sample materials at quarries and material supply sources; do not allow materials and components to be brought to the construction site without written verification;

c) Verify and confirm in writing the quality of the on-site laboratory of the contractor according to the tender invitation and only permit construction when all testing equipment is available; all responsibilities lie with the contractor and the test engineer;

d) Verify the handover of the construction site with the installation contractor (ground level, datum, positioning markers...), and the preparation work on the construction site by the contractor;

e) Verify the internal quality assurance system of the installation contractor and the professional competence of the test engineers; instruct the contractor to collect and retain control samples, supervise the testing process, and verify the test results of the contractor and confirm on the test report;

f) Timely assess the quality of individual parts and items of work, and approve before transferring to the next construction phase;

g) Inspect and record in minutes the prohibition of using materials, components, and products that do not meet quality standards brought to the site by the contractor;

h) Identify defects, malfunctions, and incidents in parts of the work, prepare incident reports or incident files according to current regulations, and submit to competent authorities for resolution or handling according to authorization;

4. Confirm in writing that the contractor's construction results meet the technical standards specified in the tender dossier's technical instructions.

4.2. Progress Management

1. Inspect and confirm the overall and detailed construction progress plans established by the contractor. Regularly urge the contractor to adjust the construction schedule to match the actual situation on the construction site to ensure the project is completed on time. Propose solutions to shorten the construction progress.

2. Inspect and handle safety measures for the works, traffic safety, environmental protection; participate in resolving incidents related to construction works and promptly report to competent authorities according to current regulations. Firmly prohibit construction if the contractor does not comply with the design and construction technology.

3. Prepare weekly, monthly, quarterly, and annual reports, as well as ad hoc reports on progress, quality, quantity, disbursement, and issues encountered for the Project Owner.

4. Receive and implement contract change orders (if any), and propose to the Project Owner solutions to resolve contract disputes.

5. Receive, compare, and direct the Contractor to handle inspection, appraisal, and re-inspection results from competent authorities and the Project Owner. Direct the Contractor to prepare completion files in accordance with the regulations of the Ministry of Transport.

6. The Supervision Consultant has the responsibility to participate in the Acceptance Board and report to the Acceptance Board on their monitoring results regarding the contents related to project acceptance according to state regulations and those of the Ministry of Transport.

4.3. Cost Management

1. Confirm quantities that meet quality standards for payment in original certificates, which must be accurate and signed by the Supervision Consultants based on approved design quantities. The Project Owner does not have the right to reject or refuse payment to the Contractor for these certificates. For quantities outside the tendered scope, propose solutions and promptly report to the Project Owner.

2. Monitor and compile issues related to price escalation to serve as a basis for the Project Owner to adjust the budget estimate. Propose solutions to reduce costs for the Project Owner.

3. Check and confirm unit prices and norms in the payment schedule for the Project Owner to pay the Contractor. For quantities outside the approved design quantities, there must be agreement from the Project Owner based on calculated construction volumes, submitted for approval by the competent authority.

Article 5: Authority of the Supervision Consultant Organization

5.1. Advise the Project Owner on changes to the Bill of Quantities and other issues as stipulated by current regulations.

5.2. Stop construction when construction equipment is of incorrect type or insufficient quantity as per the tender documents.

5.3. Stop materials and components that do not meet standards or quality requirements.

5.4. Stop construction when it does not follow approved procedures, regulations, and technical instructions in the tender documents.

5.5. Stop construction when it deviates from approved designs, does not comply with specified technological sequences, affects adjacent projects, causes structural deformation, environmental pollution, or fails to ensure labor safety and traffic safety.

Article 6: Responsibilities of the Supervision Consultant Organization

6.1. After stopping construction, notify the Project Owner in writing within four hours to make a decision.

6.2. Bear full responsibility before the Project Owner and the law for ensuring the technical quality of the entire project.

6.3. Bear responsibility before the Project Owner and the law for ensuring the schedule and cost as stipulated in the contract conditions.

6.4. Compensate the Project Owner for losses caused by errors of the Supervision Consultant in contract execution leading to project incidents.

Article 7: Tasks, Authority, and Responsibilities of the Chief Supervision Consultant

7.1. The Chief Supervision Consultant is the highest legal representative at the site of the supervision organization, authorized to directly lead and organize the operation of the supervision unit to perform tasks according to the authority and responsibilities set out in this Regulation and the terms of the contract between the supervision organization and the Project Owner.

7.2. The Chief Supervision Consultant assigns work and clearly defines the authority and responsibilities of each supervisory member in writing, reporting to the Project Owner for oversight and coordinating workload among supervisory members.

7.3. The Chief Supervision Consultant has the authority to veto incorrect opinions and work results of subordinate members and to verify and confirm volume acceptance certificates for payment.

Article 8: Duties and Responsibilities of Supervisors

8.1. Under the authority of the Chief Supervisor, the supervisors include quantity supervisors, quality supervisors, material supervisors, and other supervisors.

8.2. Supervisors must frequently stay at the construction site to promptly resolve any issues, closely coordinate with each member's tasks according to the Chief Supervisor's management to avoid impacting the contractor's construction and to fulfill the Contract signed between the supervision organization and the project owner.

8.3. They are responsible before the Chief Supervisor and the law for any deficiencies caused by themselves.

Article 9: Standards for the Chief Supervisor and Supervisors

9.1. Those engaged in supervision work must have a supervision certificate, possess professional expertise in supervision, be in good health, have experience and at least two years of work tenure, have good moral character, honesty, objectivity, and dedication.

9.2. In addition to the standards mentioned in Clause 9.1 of this Article, the Chief Supervisor must hold a bachelor's degree or higher in a relevant technical field, have leadership experience in a professional position at the department level or above, and have more than five years of work experience in design, construction, and supervision of similar projects.

Chapter III

RELATIONSHIP BETWEEN THE SUPERVISION ORGANIZATION AND THE PROJECT OWNER, CONTRACTOR, DESIGN CONSULTANT, AND LOCAL AUTHORITIES

Article 10: The relationship between the supervision organization and the project owner is contractual:

10.1 The supervision contract must fully reflect the duties, authorities, and responsibilities of both parties.

10.2 The supervision contract must be approved by the competent authority.

Article 11: The relationship between the supervision organization and the contractor is:

11.1 An independent relationship carried out according to the functions, duties, and authorities of each party.

11.2 A cooperative relationship between the supervision organization and the contractor facilitates each party in fulfilling their common and individual tasks effectively.

11.3 The contractor must report to the supervisor on the time, location, and results of the previous day's construction and inform the supervisor about the next day's construction activities. For complex technological sections, prior approval from the Chief Supervisor is required before commencing construction.

11.4 If there is a dispute or disagreement between the supervision organization and the contractor that cannot be resolved internally, it must be reported promptly to the competent authority for resolution.

Article 12: The relationship between the supervision organization and the design consultant is:

12.1 To inspect and identify errors in the approved technical design documents, construction drawings, and report to the competent authority for review and resolution.

12.2 In cases of significant changes to the technical design, the supervision organization should consult with the design consultant; simultaneously reporting to the competent authority for review and resolution.

Article 13: The supervision organization must maintain relationships with local authorities and residents:

13.1 Adhere to national laws.

13.2 Comply with local policies related to the project.

13.3 Respect local customs, traditions, and beliefs.

Chapter IV

REGIME OF RIGHTS AND BENEFITS FOR SUPERVISORY CONSULTANTS AND HANDLING VIOLATIONS

Article 14: Regime for supervisory consultants:

Implemented based on the current regime and conditions stipulated in the contract with the project owner. For domestic-funded projects where the incentive regime for supervisory consultants is still unreasonable, the contractor must ensure travel, accommodation, and working conditions at the construction site for the supervisory consultants. These costs shall be self-balanced within the bid price by the contractor.

Article 15: Benefits of supervision consultants

15.1. Awards:

Organizations and individuals who have achieved merits in supervision consulting shall be considered for awards and given priority when selecting organizations for supervision consulting in subsequent projects.

15.2. Forms of handling violations:

Depending on the nature, level of violation, and resulting consequences, organizations and individuals involved in supervision consulting shall be subject to one of the following forms of handling:

15.1. Supervision consultants must be replaced if they violate their supervisory duties, adversely affecting the quality of the project. In addition, they shall not be allowed to participate in supervision work for one to two subsequent projects. Members involved in supervision with significant errors shall have their supervision certificates revoked.

15.2. In cases where violations cause serious damage to property and the interests of the project owner, compensation for damages must be provided and criminal responsibility pursued according to the provisions of the law.

Chapter VI

FINAL PROVISIONS

Article 16: All previous regulations that contradict the contents of this Regulation shall be abolished.

Article 17: Special cases contrary to this Regulation must be approved by the Minister of Transport.

Article 18: During implementation, if any difficulties arise, relevant agencies and units shall promptly report them in writing to the Ministry of Transport for study, amendment, and supplementation.