Joint Circular No. 18/2005/TTLT/BXD-TTCP guiding certain contents regarding construction inspection

JOINT CIRCULAR

Guidelines on certain aspects of construction inspection

Pursuant to the Construction Law dated November 26, 2003;

Based on the Law on Inspection dated June 15, 2004;

Pursuant to Decree No. 46/2005/NĐ-CP dated April 6, 2005 of the Government stipulating the organization and operation of Construction Inspection.

The Ministry of Construction and the Government Inspectorate guide the inspection of investment projects for construction works; construction works according to urban planning; administrative penalties; reports and conclusions of specialized construction inspections as follows:

I. Scope of Application.

1. Inspection agencies, inspection teams, and inspectors when conducting inspections of investment projects for construction works; construction works according to urban planning must comply with the provisions of laws on construction, inspection, and this Circular.

2. Agencies, organizations, and individuals subject to inspection and agencies, organizations, and individuals related to investment projects for construction works, construction works according to urban planning have the responsibility to implement the provisions of this Circular and other relevant laws.

II. Content of Inspection of Investment Projects for Construction Works.

Based on the purpose and requirements of the inspection, it shall be decided whether to conduct a comprehensive inspection of investment projects for construction works or specific contents of the implementation process of such projects or inspections by specific topics. Inspections of investment projects for construction works include the following main contents:

1. Inspection of project establishment, review, approval; surveying and design of construction works.

a) For the inspection of investment projects for construction works, it is necessary to examine, evaluate, and conclude on the suitability of the project with the overall socio-economic development plan, industry development plan, and urban planning approved by competent authorities; if there is no plan, then check the agreement document of the authority approving the plan. Check the authority's review of basic design, the authority's review of investment projects, and the authority's approval of investment projects; check the capacity of the organization establishing the project and the capacity of the project leader. If the project has been adjusted, check the procedures and conditions for adjustment.

b) For the inspection of construction survey work, it is necessary to examine, evaluate, and conclude on the procedure for establishing and approving survey tasks, survey plans, content of survey result reports, acceptance of survey results, capacity of the survey organization, and the capacity of the individual responsible for the survey leader. In cases where additional survey tasks are added, check the regulations regarding the conditions for adding such tasks.

c) For the inspection of construction design work, in cases where three-stage design is applied, it is necessary to examine and evaluate the suitability of technical design with the basic design reviewed by the competent authority; check construction drawing design based on technical design approved by the competent authority. In cases where two-stage design is applied, check the suitability of construction drawing design with the basic design reviewed by the competent authority.

Check the application of construction standards in design; the application of economic and technical norms, unit prices in the preparation of total estimates and estimates. Examine and evaluate the capacity of the design organization, the capacity of the design leader, and the design supervisor suitable for the type and level of the construction project.

Check the design dossier, acceptance procedures for the design dossier, quantity and size of drawings, and other regulations concerning the design dossier. In cases where the design, total estimate, and estimate have been changed, check the procedures and conditions for changing the design, total estimate, and estimate.

2. Inspection of selection of construction contractors.

During the inspection, check compliance with legal regulations on the selection of contractors, it is necessary to examine and evaluate the procedures, forms, tender documents, and results of contractor selection; check the selection of subcontractors by the main contractor or general contractor; the assignment of subcontracts to subcontractors; check contracts between the investor and the main contractor or general contractor, and contracts between the main contractor or general contractor and subcontractors.

In cases where the main contractor or general contractor directly signs a contract with the investor but assigns parts of the work to subcontractors, check the signed contract and its implementation between the main contractor or general contractor and subcontractors.

3. Inspection of the selection of project management models by investors.

During the inspection of the application of project management models by investors, it is necessary to examine and evaluate the conditions of the investor for selecting project management models, the capacity conditions of the project management board established by the investor, or the capacity conditions of the consulting organization hired by the investor for project management.

4. Inspection of construction work execution.

During the inspection of construction work execution, it is necessary to examine and evaluate the responsibilities of the investor and the construction contractor, specifically as follows:

a) For the investor, during the inspection, it is necessary to examine and evaluate the implementation of the investor regarding the contents of the project reviewed and approved by the competent authority; conditions for starting construction; the investor's quality management system; the capacity conditions of individuals performing construction supervision, including cases where the investor hires a supervisory consultant; organization of acceptance of work stages and completion handover of the project for operation; management of progress, costs, payment to contractors according to signed contracts, and compliance with other legal regulations on construction investment projects. In cases involving land clearance, check the public disclosure of conditions, compensation rates, beneficiaries, and other issues related to land clearance.

b) For construction contractors, consider and assess the construction of works according to the approved design; the implementation of construction standards; safety measures during construction and environmental protection measures during construction. Check the capacity conditions of the site commander; equipment and human resources capacity compared to the contractor's bidding documents; the quality management system of the contractor, the capacity conditions of individuals supervising construction works. Inspect compliance with procedures for partial, phase acceptance, and handover of works for use. Examine and evaluate the quality of construction work; project progress compared to inspection results and contracts signed between the investor and the contractor; implementation of other legal provisions related to construction works.

In cases where there is evidence that the quality of construction works does not meet requirements upon actual inspection, the inspection team shall propose to the decision-making authority to request consulting and testing units with legal personality and appropriate capacity to conduct inspections and tests to assess the quality of the works.

c) For consulting contractors performing investment project reviews, construction surveys, design works, and testing and certification, inspect the capacity of the agencies, organizations, and individuals implementing these tasks; the application of standards in their work; evaluate the performance of contracts with investors.

III. Contents of Construction Inspection According to Urban Planning.

1. Inspect compliance with legal provisions on urban planning.

a) To inspect urban planning, check the consistency between detailed construction plans and overall urban plans; check the consistency between detailed construction plans at a scale of 1/500 and those at a scale of 1/2000; check the capacity of organizations preparing construction plans, the capacity of the head of the planning project, and the heads of specialized departments of the construction planning project, and verify the authority to review and approve construction planning projects.

b) Inspect the implementation of urban planning after it has been approved by the competent authority, including reviewing and evaluating the implementation of planning contents; the responsibility of the competent authority to set boundary markers according to the approved urban planning on-site as stipulated by construction laws; responsibilities and authorities to publicly announce urban planning and legal provisions regarding public announcement of urban planning.

2. Inspect construction works according to urban planning.

Inspect construction works according to urban planning based on legal provisions on urban planning and approved urban planning maps to assess the compatibility of the works with the planning and the implementation of such planning. The inspection of construction works according to approved urban planning includes:

a) Inspect and check the construction of works according to the approved urban planning.

b) Inspect and check the construction of works according to construction permits issued by the competent authority and the legal conditions for issuing construction permits for such works.

c) Inspect and check the construction of works in compliance with architectural planning regulations and other legal provisions on construction.

IV. Report on Inspection Results and Inspection Conclusions.

1. Report on Inspection Results.

The report on inspection results of construction inspections shall be carried out in accordance with Article 42 of Decree No. 41/2005/NĐ-CP dated March 25, 2005, of the Government detailing and guiding the implementation of certain articles of the Law on Inspection, and ensuring the following requirements:

a) Clearly state the violations of law by agencies, organizations, and individuals related to the inspected content (if any), specifying which article or clause of the legal document was violated.

b) Clearly determine the responsibility of the heads of agencies, organizations, and units for allowing violations of law to occur; the responsibility of individuals and others involved in the violation of law. If economic losses are discovered, the responsibility of relevant individuals must be clearly concluded for compensation in accordance with the law.

c) In cases where agencies, organizations, and individuals have achieved good results in implementing construction laws, they should be commended and the competent authority should be advised to promptly motivate and reward them in accordance with the law.

2. Inspection Conclusion.

Specialized construction inspection conclusions shall be implemented in accordance with Article 43 of the Law on Inspection; Article 35 of Decree No. 41/2005/NĐ-CP dated March 25, 2005, of the Government detailing and guiding the implementation of certain articles of the Law on Inspection, and ensuring the following requirements:

a) Evaluate the implementation of policies, laws, and tasks by agencies, organizations, and individuals subject to inspection.

b) Conclude clearly on the inspected contents; specify the nature, degree of violation, causes, and responsibilities of agencies, organizations, and individuals who violate the law.

c) In cases where construction inspections discover violations of law causing property damage, handle them according to the principle of requiring agencies, organizations, and individuals who violate the law to rectify the consequences and compensate for damages caused by the violation in accordance with construction laws and other related legal documents.

d) For cases involving violations of law but not reaching the level of criminal prosecution, clearly state the degree of violation for handling in accordance with administrative, civil, economic, or other legal provisions.

đ) For cases involving violations of law with signs of criminal offenses as stipulated by criminal law, advise the decision-making authority to transfer the case to the competent investigative authority in accordance with the law on inspection.

V. Administrative Sanctions for Violations.

1. During the inspection process, the Head of the Inspection Team, Inspectors may impose administrative penalties or recommend competent authorities to impose administrative penalties according to the laws on administrative penalties for sectors and fields.

2. The Chief Inspector of the Ministry of Construction has the authority to impose administrative penalties according to Clause 6, Article 11; the Chief Inspector of the Construction Department has the authority to impose administrative penalties according to Clause 6, Article 13; Construction Inspectors have the authority to impose administrative penalties according to Point b, Clause 3, Article 14 of Decree No. 46/2005/NĐ-CP dated April 6, 2005 of the Government on the organization and operation of construction inspections for violations specified in Decree No. 126/2004/NĐ-CP dated May 26, 2004 of the Government on administrative penalties for violations in construction activities, infrastructure management in urban areas, and house usage management.

VI. Handling complaints and denunciations regarding inspections.

1. Complaints from inspected entities against decisions on handling, actions of the Head of the Construction Inspection Team, Construction Inspectors, other members of the Inspection Team shall be implemented according to Article 49 of Decree No. 41/2005/NĐ-CP dated March 25, 2005 of the Government detailing and guiding the implementation of certain provisions of the Inspection Law and other laws on complaints and denunciations.

2. Denunciations against violations of the law by the Head of the Construction Inspection Team, Construction Inspectors, other members of the Inspection Team shall be implemented according to Article 50 of Decree No. 41/2005/NĐ-CP dated March 25, 2005 of the Government detailing and guiding certain provisions of the Inspection Law and other laws on complaints and denunciations.

VII. Implementation Organization.

This Circular takes effect fifteen days after its publication in the Official Gazette. The Minister, Heads of ministerial-level agencies, Heads of government-affiliated agencies, Chairpersons of provincial People's Committees under central cities are responsible for implementing this Circular.

In the course of implementation, if there are difficulties, they must promptly report to the Minister of Construction and the General Inspector for timely resolution./.