Circular No. 16/2008/TT-BXD guiding the inspection and certification of sufficient conditions to ensure load-bearing safety and quality compliance for construction works.

CIRCULAR

Guidelines for inspecting and certifying compliance with safety load-bearing conditions and quality suitability certification for construction works

Based on Decree No. 17/2008/NĐ-CP dated February 4, 2008 of the Government on the functions, tasks, powers, and organizational structure of the Ministry of Construction;

Based on Decree No. 209/2004/NĐ-CP dated December 16, 2004 of the Government on the management of construction work quality;

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Based on Decree No. 49/2008/NĐ-CP dated April 18, 2008 of the Government amending and supplementing certain articles of Decree No. 209/2004/NĐ-CP dated December 16, 2004 of the Government on the management of construction work quality;

The Ministry of Construction hereby guides the inspection and certification of compliance with safety load-bearing conditions and quality suitability certification for construction works as follows:

This Circular guides the inspection and certification of compliance with safety load-bearing conditions and quality suitability certification for construction works as stipulated in Clause 8, Article 1 of Decree No. 49/2008/NĐ-CP dated April 18, 2008 of the Government amending and supplementing certain articles of Decree No. 209/2004/NĐ-CP dated December 16, 2004 of the Government on the management of construction work quality.

This Circular applies to organizations and individuals involved in activities related to the certification of compliance with safety load-bearing conditions and quality suitability certification for construction works within the territory of Vietnam.

This technical regulation sets out technical requirements, testing methods, sampling procedures; management requirements; responsibilities of organizations and individuals producing, trading, and importing cigarettes.

This Circular applies to units under the Ministry of Education and Training; departments of education and training, education and training divisions; preschool education institutions, general education institutions, regular education institutions, teacher training colleges, college of education, universities, universities, academies, other educational institutions, and related organizations and individuals (hereinafter referred to collectively as agencies and units).

a) Certification of compliance with safety load-bearing conditions

is the process of inspecting and confirming that the survey, design, and construction work comply with legal regulations on quality management, meeting the requirements for ensuring the safety load-bearing capacity of the construction work or its components before it is put into use.

2. Explanation of terms

In this Circular, the following terms shall be understood as follows:

b) Certification of quality suitability for construction works is the process of evaluating and confirming that the construction work or its components have been designed and constructed in accordance with technical standards and technical requirements applicable to the construction work.

3. Construction works required to be certified of compliance with safety load-bearing conditions before being put into use Construction works or components thereof which, if they suffer from loss of load-bearing capacity, may cause disasters to people, property, and the environment must be certified of compliance with safety load-bearing conditions, including:

a) Public buildings accommodating large numbers of people at level III or higher: theaters, cinemas, nightclubs, railway stations, conference halls, sports arenas, stadiums, shopping centers, supermarkets, libraries, museums, and other public buildings with similar scale and function. For hospitals, kindergartens, primary schools, and secondary schools with two floors or more and a total floor area of 300 square meters or more.

b) Apartment buildings, hotels, office buildings, and telecommunications towers from level II or higher.

c) Gas storage facilities, oil storage facilities, liquefied gas storage facilities, chemical storage facilities from level II or higher.² or more.

d) Dams, bridges, traffic tunnels from level II or higher; elevated railways, cable car systems for transporting people regardless of level.

4. Construction works subject to certification of quality suitability

Construction works or components thereof, regardless of type or level, shall be certified of quality suitability when requested by local state management agencies on construction, or upon request of the project owner or owner based on the requirements of insurance organizations, purchasers, managers, or users of the construction work (referred to as the requesting party). The object of certification can be new construction works or those already in use.

II. CERTIFICATION OF COMPLIANCE WITH SAFETY LOAD-BEARING CONDITIONS

1. Selection of organization to conduct certification of compliance with safety load-bearing conditions

Project owners of construction works specified in Clause 3, Section I of this Circular are responsible for selecting an organization to carry out the inspection and confirmation of compliance with safety load-bearing conditions (hereinafter referred to as the inspection organization). The selected inspection organization must be a consulting firm with the function of practicing in one of the following fields: construction design, construction supervision, or construction quality testing, corresponding to the type of construction work to be certified, and must meet the following requirements:

a) Requirements regarding capability conditions:

- Having sufficient engineers and technical staff in accordance with the relevant regulations in appropriate specialties corresponding to the inspection content specified in Clause 2 of this Section, commensurate with the scale of the construction work to be certified;

- The individual primarily responsible for the inspection and confirmation of compliance with safety load-bearing conditions must have the capability to lead the design of structural construction works suitable for the type and level of the construction work to be certified;

- Not having violated construction activities in the past three years.

b) Requirements to ensure independence and objectivity in certification of compliance with safety load-bearing conditions:

- Not participating in the survey, design, construction, supply of materials and equipment, project management, or construction supervision for the same construction work or component to be certified;

- Being independent in organizational structure, not belonging to the same agency as the project owner, or the surveyors, designers, constructors, supervising consultants, and project management consultants of the same construction work or component to be certified; not holding shares or contributions exceeding 50% between the project owner, and not holding shares or contributions exceeding 30% between the surveyors, designers, constructors, supervising consultants, and project management consultants.

In cases where an inspection organization meeting the above conditions cannot be selected, the project owner must report to the local state management agency on construction for referral to a consulting firm to perform this task.

2. Procedure and content of inspection for compliance with safety load-bearing conditions

The inspection organization is responsible for preparing an inspection outline for the survey, design, and construction work to be submitted to the project owner for agreement. The inspection and confirmation of compliance with safety load-bearing conditions can be carried out from the start of construction of the construction work or component to be certified. The focus of the inspection is on parts of the construction work, load-bearing structures that could cause disasters if damaged.

a) Inspection of survey and design work:

The inspecting organization shall be responsible for drafting a framework for inspecting the survey, design, and construction work of the project to be agreed upon by the project owner. The inspection to confirm compliance with load-bearing safety conditions may be carried out from the start of the construction of the project or a component thereof that has been certified. The focus of the inspection shall be on parts of the structure that, if damaged, could lead to a catastrophic disaster.

a) Inspection of survey and design work:

- Check compliance with legal provisions regarding the qualifications of organizations and individuals conducting surveys, designs, design reviews, and the application of technical standards and regulations;

- Examine the procedures and formalities for accepting construction survey reports; the procedures for reviewing, approving, and accepting construction project design documents;

- Examine construction survey results reports, technical design (in the case of three-step design) or construction drawing design (in the case of two-step or one-step design); assess the degree to which these documents meet the requirements of technical standards and regulations to ensure structural safety;

During the examination process, if there are doubts about the survey results or structural load calculation results, the examining organization requests the project owner and the survey and design contractors to clarify. If necessary, the examining organization may request the project owner to organize re-surveys of construction surveys and re-check the structural load-bearing capacity;

b) Construction work supervision inspection

- Check compliance with legal provisions regarding the qualifications and quality management systems of construction contractors, project management consulting contractors, and construction site supervisors; check laboratory capabilities and the capabilities of related certification organizations;

- Check compliance with legal provisions concerning construction quality supervision and acceptance work;

- Examine construction quality through quality management documents of the project or sub-project certified; assess the degree to which these documents meet the design requirements to ensure structural safety;

- Examine monitoring data and external manifestations of structures related to the structural load-bearing capacity;

During the examination process, if factors that may affect the structural load-bearing capacity are discovered, the examining organization requests the project owner and contractors to explain clearly. If necessary, the examining organization may request the project owner to organize quality certification or testing and monitoring verification;

c) After each inspection round, the examining organization must promptly issue a written report on the inspection results to the project owner and relevant parties;

3. Issuance of a certificate of compliance with structural safety conditions

a) Within fifteen days from when the project owner compiles all completion documents and materials for the certified project or sub-project, the examining organization issues a certificate of compliance with structural safety conditions according to the model specified in the Appendix of this Circular if the inspection results meet the following conditions:

- The survey, design, and construction work comply with legal provisions on quality management, meeting the requirements to ensure structural safety;

- Monitoring data and external manifestations of structures reflect normal operation;

- Re-inspection and re-check results (if any) ensure sufficient structural load-bearing capacity;

The project owner is responsible for sending one copy of this certificate along with the report on compliance with structural safety conditions and the completion acceptance record of the certified project or sub-project to the local state management agency for construction for inspection and management. This certificate serves as the basis for the project owner to put the project into use;

b) In cases where the conditions for issuing the certificate are not met, the examining organization is responsible for notifying the project owner in writing of its decision, specifying the reasons for not issuing the certificate. The project owner is responsible for reporting this matter to the local state management agency for construction for inspection and handling;

III. QUALITY CONFORMITY CERTIFICATION FOR CONSTRUCTION PROJECTS

1. Requirements for Quality Conformity Certification for Construction Projects

a) For the benefit of the community, the local state management agency for construction may require the project owner to conduct quality conformity certification for construction projects;

Organizations providing construction insurance; organizations, individuals purchasing, managing, or using construction projects for their own benefit may request the project owner or owner (for projects already in use) to conduct quality conformity certification for construction projects;

b) The party requesting certification must specify the scope and content of the quality conformity certification. For cases where quality conformity certification is required by the local state management agency for construction, the scope and content of the certification must be implemented. For cases where quality conformity certification is requested by other organizations or individuals, the scope and content of the certification are agreed upon by the project owner or owner and the party requesting certification;

c) The scope of certification may include design quality conformity, construction quality conformity, or overall project, sub-project, or component quality conformity compared to technical standards and applicable technical requirements. The content of certification may include one, several, or all criteria related to structural safety, operational safety; finishing quality, electromechanical quality, etc.;

2. Selection of Organization to Conduct Quality Conformity Certification for Construction Projects

The party requesting certification agrees with the project owner or owner on selecting and signing a contract with the organization to conduct inspection and quality conformity certification (referred to as the certification organization). In cases where quality conformity certification is required by the local state management agency for construction, the project owner is responsible for selecting and signing a contract with the certification organization;

The selected certification organization is a consulting firm with the function of practicing in one of the fields of construction design, construction site supervision, construction quality certification, or construction quality conformity certification, meeting the following requirements:

- The individual primarily responsible for the inspection and confirmation of compliance with safety load-bearing conditions must have the capability to lead the design of structural construction works suitable for the type and level of the construction work to be certified;

||| Ensure sufficient qualification capacity in accordance with the provisions of the law suitable for the type and level of construction project certified and the certification content;

- Not participating in the survey, design, construction, supply of materials and equipment, project management, or construction supervision for the same construction work or component to be certified;

b) Requirements for independence and objectivity in conducting quality conformity certification:

- Not to participate in surveying, designing, constructing, supplying materials-equipment, project management, and construction supervision for the same construction project, component, or part thereof being certified;

- To be independent in organization, not belonging to the same agency as the investor, surveyors, designers, constructors, supervising consultants, and project management consultants of the same construction project, component, or part thereof being certified; not having shares or contributions exceeding 50% for investors and not having shares or contributions exceeding 30% for surveyors, designers, constructors, supervising consultants, and project management consultants;

3. Procedure and content of quality conformity inspection for new construction projects

The certifying organization is responsible for drafting a plan to conduct inspections and evaluations of quality conformity corresponding to the scope and content agreed upon by the investor or owner. The inspection scope focuses on the construction project, component, or part thereof being certified. The inspection content must align with the certification content. Inspections may be conducted from the start of construction of the project, component, or part thereof being certified.

a) Inspection of design quality conformity:

- Inspection of compliance with legal regulations regarding the qualification conditions of organizations and individuals conducting surveys, designs, and design reviews; compliance with procedures and formalities for accepting survey results reports; reviewing, approving, and accepting design documentation;

- Inspection and evaluation of the suitability of survey result reports compared to survey standards and survey tasks;

- Inspection and evaluation of the suitability of technical designs (in three-step design cases) or construction drawings (in two-step or one-step design cases) compared to design tasks and applicable technical standards and norms for the project;

During the inspection process, if there are doubts about survey results and design quality, the certifying organization may request the investor and related contractors to clarify. If necessary, the certifying organization may re-inspect survey results;, re-inspect the design of the construction project, component, or part thereof being certified.

b) Inspection of construction quality conformity:

- Inspection of compliance with legal regulations regarding the qualification conditions and quality management systems of construction contractors, project management consulting contractors, and construction supervision contractors; inspection of laboratory capabilities and relevant certification organizations' capabilities; inspection of compliance with legal regulations during construction supervision and acceptance;

- Inspection of the probability of material, equipment, and construction component quality used in construction through origin checks, quality certificates, and related testing and certification results;

- Inspection of the probability of construction quality;

- Witnessing trial operation of the construction project, component, or part thereof being certified. Inspection of the suitability of acceptance documentation compared to design requirements;

During the inspection process, if factors that do not ensure quality conformity are discovered, the certifying organization may request the investor, owner, and contractors to explain clearly. If necessary, the certifying organization may conduct certification; testing, and comparative monitoring.

c) Inspection of quality conformity of the construction project, component, or part thereof: implement both contents specified in Point a and b of this Clause;

d) After each inspection round, the certifying organization must promptly notify the inspection results in writing to the investor and related parties;

4. Procedure and content of quality conformity inspection for construction projects already in use

The certifying organization is responsible for drafting an inspection plan and evaluation of quality conformity agreed upon by the investor or owner. The inspection scope focuses on the construction project, component, or part thereof being certified. The inspection content must align with the agreed-upon certification content. The inspection content may include checking design quality and construction quality through completion documentation. If necessary, the certifying organization may conduct certification and evaluate project quality through tests and monitoring;

5. Issuance of a certificate of quality conformity for construction projects

a) The certifying organization issues a certificate of quality conformity if the quality of the construction project, component, or part thereof passes inspection and meets design requirements, technical standards, and applicable technical norms. The certificate includes the following contents:

- Name of the certifying organization;

- Basis for issuing the quality conformity certificate;

- Name of the construction project, component, or part thereof being certified;

- Scope and content of certification;

- Conclusion on quality conformity;

- Signature and seal of the legal representative of the certifying organization;

In cases where certification is carried out at the request of local state construction management agencies, the investor is responsible for submitting one certificate along with the report on the results of quality conformity inspection to the agency for review and management. The certificate serves as the basis for putting the project into operation and use;

In cases where certification is carried out at the request of other organizations or individuals, the investor or owner shall submit one certificate to the party requesting certification as a basis for subsequent agreements.

b) In case the conditions for issuing a certificate of quality conformity are not met, the certification organization shall notify in writing, specifying the reasons for not issuing the certificate to the project investor or owner and the party requesting certification for their knowledge and handling.

IV. FEES FOR CERTIFICATION OF SATISFACTORY SAFETY CONDITIONS AND QUALITY CONFORMITY OF CONSTRUCTION PROJECTS

1. Fees for certification of satisfactory safety conditions

The fees for certification of satisfactory safety conditions are paid by the project investor from the consultancy investment construction costs within the total investment cost of the construction project. These fees are determined by preparing a budget in accordance with Decree No. 99/2007/ND-CP dated June 13, 2007 of the Government on managing construction project investment costs (referred to as Decree No. 99/2007/ND-CP) and other relevant regulatory legal documents.

2. Fees for certification of quality conformity of construction projects

a) In cases where the certification of quality conformity is requested by local state management agencies for construction, the certification fees are borne by the project investor from the consultancy investment construction costs within the total investment cost of the construction project. These fees are determined by preparing a budget in accordance with Decree No. 99/2007/ND-CP and other relevant regulatory legal documents.

b) In cases where the certification of quality conformity is requested by other organizations or individuals, the funding source for this work is agreed upon between the party requesting certification and the project investor or owner. These fees may be determined by preparing a budget in accordance with Decree No. 99/2007/ND-CP and other relevant regulatory legal documents.

V. RIGHTS AND OBLIGATIONS OF ORGANIZATIONS AND INDIVIDUALS IN THE ACTIVITY OF CERTIFICATION OF SATISFACTORY SAFETY CONDITIONS AND QUALITY CONFORMITY OF CONSTRUCTION PROJECTS

1. Rights and obligations of the project investor and owner

a) The project investor and owner have the following rights:

- To lodge complaints about inspection and certification results; to hire other consulting organizations with appropriate capabilities to review or re-inspect issues subject to complaint;

- Other rights stipulated in the contract with the inspection and certification organizations and according to the law.

b) The project investor and owner have the following obligations:

- To conduct certification of satisfactory safety conditions if the construction project or its components fall under the scope defined in this Circular; to conduct certification of quality conformity when required by local state management agencies for construction;

- To provide necessary files, documents, and certificates to the inspection and certification organizations;

- To pay the certification fees to the inspection and certification organizations according to the signed contract, even if a certificate is not issued due to the construction quality not meeting the requirements set forth in the regulations;

- To compensate for damages in accordance with the law and the agreement in the contract with related parties;

- Other obligations stipulated in the contract with related parties.

2. Rights and obligations of inspection and certification organizations

a) Inspection and certification organizations have the following rights:

- To request the project investor and contractor to provide necessary documents for inspection and certification activities;

- To refuse to issue a certificate of satisfactory safety conditions if the inspection results do not meet the conditions specified in Clause 3, Section II of this Circular; to refuse to issue a certificate of quality conformity if the construction quality does not comply with technical standards and requirements;

- Other rights stipulated in the contract with the project investor and according to the law.

b) Inspection and certification organizations have the following obligations:

- To ensure honesty and objectivity during the inspection and certification process;

- To be responsible before the project investor or owner, related parties, and the law regarding the results of their inspections and certifications;

- To compensate for damages in accordance with the law and the agreement in the contract with related parties in case of incorrect certification of construction quality.

VI. IMPLEMENTATION

1. The Ministry of Construction shall be responsible for:

a) To unify state management over the activity of certification of satisfactory safety conditions and quality conformity of construction projects.

b) To guide and inspect the implementation of this Circular throughout the country.

c) To compile and publish information on the capacity conditions of inspection and certification organizations in accordance with Decision No. 02/2008/QD-BXD dated February 20, 2008 of the Minister of Construction on the management of information on the capacity of construction organizations through the Ministry of Construction's website.

The National Construction Quality Supervision Agency under the Ministry of Construction is the focal point assisting the Ministry of Construction in carrying out the above tasks.

2. Provincial People's Committees directly under the Central Government are responsible for:

a) Guiding and inspecting the implementation of certification of satisfactory safety conditions and quality conformity of construction projects within their administrative boundaries.

b) Receiving and managing certificates sent by project investors, providing information on the capacity conditions of inspection and certification organizations for the Ministry of Construction to compile and publish.

c) Annually compiling the situation of implementing this Circular and reporting to the Ministry of Construction.

The Department of Construction is the focal point assisting the Provincial People's Committee directly under the Central Government in carrying out the above tasks.

3. Construction projects that have already commenced or are currently undergoing certification of quality conformity in accordance with Circular No. 11/2005/TT-BXD dated July 14, 2005 of the Ministry of Construction "Guidelines for Inspection and Certification of Quality Conformity of Construction Projects" (referred to as Circular No. 11/2005/TT-BXD) prior to the effective date of this Circular shall continue to be implemented in accordance with Circular No. 11/2005/TT-BXD.

4. Projects that are inspected or accepted by the State Council for Acceptance of Construction Projects at the request of the Prime Minister shall not be required to obtain certification of adequate load-bearing safety conditions.

5. In cases where projects or project components have been certified as meeting quality requirements, including certification of compliance with load-bearing safety conditions as stipulated in Section II of this Circular, there is no need to carry out certification of adequate load-bearing safety conditions.

6. Ministries, ministerial-level agencies, government-affiliated agencies; People's Committees of provinces and centrally governed cities; relevant organizations and individuals are responsible for implementing this Circular. During implementation, if any difficulties arise, they are requested to report to the Ministry of Construction for study and resolution.

7. This Circular replaces Circular No. 11/2005/TT-BXD and takes effect fifteen days from the date of publication in the Official Gazette.