Circular No. 18/2010/TT-BXD on the application of technical regulations and standards in construction activities

  CIRCULAR

Regulations on the Application of Standards and Technical Specifications in Construction Activities

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Pursuant to the Construction Law No. 16/2003/QH11 dated November 26, 2003;

Pursuant to the Law on Construction number 50/2014/QH13 amended and supplemented by Law number 03/2016/QH14, Law number 35/2018/QH14, Law number 40/2019/QH14 and Law number 62/2020/QH14;

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

Pursuant to Decree No. 209/2004/NĐ-CP dated December 16, 2004 of the Government on Quality Management of Construction Projects;

Pursuant to Decree No. 127/2007/NĐ-CP dated August 1, 2007 of the Government detailing implementation of certain articles of the Law on Standards and Technical Specifications;

Pursuant to Decree No. 12/2009/NĐ-CP dated February 11, 2009 of the Government on Project Management for Investment in Construction Works,

The Ministry of Construction hereby stipulates the application of technical specifications and standards in construction activities as follows:

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

This Circular stipulates the application of national technical specifications, national standards, basic standards, and foreign construction standards (hereinafter referred to collectively as technical specifications and standards) in construction activities in Vietnam.

Article 2. Applicability

Organizations and individuals, both domestic and foreign, when applying technical specifications and standards to construction activities in Vietnam must comply with the provisions of this Circular.

Article 3. Principles for Applying Construction Technical Specifications and Standards

1. National technical specifications must be applied compulsorily in construction activities, including: specialized construction surveying and testing; construction planning and urban planning; project investment planning and review; design, construction, and acceptance of construction works; production, import and export, and circulation of construction materials.

2. National standards, basic standards, and foreign construction standards shall be applied voluntarily in construction activities, except for those cited in technical specifications or legal regulations. The application of standards must ensure the following requirements:

a) Ensuring the consistency and feasibility of the system of standards applied throughout the entire process of surveying, testing, designing, producing and manufacturing, constructing, and accepting construction works for the project;

b) Must be consistent with the requirements of national technical specifications on construction and other related fields as prescribed by law;

c) In cases where there are no national technical specifications, basic standards, or foreign construction standards, they must be consistent with the requirements set forth in mandatory national standards prescribed by ministries and sectors.

3. For construction projects funded by state budget funds, priority should be given to using national standards. In cases where there are no national standards, the investor may consider and approve foreign standards.

1. Directly applying standards without going through an intermediary document.

1. Standards are directly applied in construction activities. It is encouraged to apply the latest version of standards.

2. Standards can be indirectly applied through the implementation of provisions in technical documents and guidelines, which may include full or partial references to the content of such standards.

Article 5. Conditions for Applying Construction Standards

Standards selected and applied in construction activities in Vietnam must meet the following conditions:

1. Ensuring the principles stated in Article 3;

2. Must be reviewed, selected, and approved by the investor in the construction project investment plan.

Chapter II

AUTHORITY TO APPROVE AND APPLY CONSTRUCTION STANDARDS

Article 6. Authority to Approve the Application of Standards

The investment decision-maker shall examine, decide, and be responsible for applying the system of national standards, basic standards, or foreign construction standards for construction activities under their management.

Article 7. Content of Examination and Approval of Construction Standards

1. The investment decision-maker shall organize the examination and approval of the application of standards according to the authority stated in Article 6 of this Circular during the review and approval process of construction investment projects.

2. In the content of construction investment projects, the proposed system of construction standards must include:

a) List of standard codes and names;

b) For foreign standards or guidelines, the full text of the standard or guideline in electronic form (files) or printed form, accompanied by a Vietnamese or English translation of the content used;

c) Explanation of how the standards meet the requirements set forth in Clauses 2 and 3 of Article 3 of this Circular. For technical guidelines or recommendations from foreign organizations for new technological solutions that have not yet been issued as standards, it is necessary to explain: the name of the technical - technological solution; research and experimental results; construction projects that have applied technical guidelines or recommendations; copyright of the technical - technological solution; feasibility under Vietnam's economic and technological conditions.

3. The content of examination and approval of standards as stipulated in Clause 2 of this Article.

Chapter III

ORGANIZATION AND IMPLEMENTATION

Article 8. Responsibilities of Management Agencies

1. The Ministry of Construction and specialized construction project management ministries are responsible for managing and guiding the application of regulations and standards in construction investment projects under their management.

2. Provincial People's Committees and municipal people's committees directly under the central government are responsible for managing the application of regulations and standards in construction activities at the local level; organizing inspections and checks on the application of regulations and standards in construction activities at the local level.

Article 9. Inspection and Supervision of the Application of Regulations and Standards

The inspection and supervision of the application of regulations and standards for construction activities in localities shall be carried out in accordance with the provisions of the law. The content of inspection and supervision includes compliance with the provisions of this Circular; compliance with the provisions of regulations and the content of approved construction standards. When violations of the provisions of this Circular are discovered, the local inspection and supervision agency shall be responsible for temporarily suspending construction activities, requiring the investor to take corrective measures, and imposing administrative penalties in accordance with the law.

Article 10. Transitional Provisions

1. Construction activities must comply with the provisions of national technical regulations from the date such regulations come into effect. For construction investment projects approved by competent authorities before the effective date of the regulations, they may continue to apply the previous provisions.

2. For projects that have already been approved to apply construction standards before the effective date of this Circular, they may continue to implement according to the relevant documents. For new projects or supplementary projects, the application of construction standards shall be implemented in accordance with this Circular.

Article 11. Implementation Provisions

1. This Circular takes effect from December 15, 2010.

2. This Circular replaces Circular No. 40/2009/TT-BXD dated December 9, 2009 of the Ministry of Construction on the application of foreign construction standards in construction activities in Vietnam.