Decree No. 209/2004/ND-CP on Construction Quality Management

DECREE OF THE GOVERNMENT

On the management of construction project quality

THE GOVERNMENT

Pursuant to the Law on Organization of the Government dated December 25, 2001;

Pursuant to the Construction Law dated November 26, 2003;

At the proposal of the Minister of Construction,

DECREE:

PART I
General Provisions

Article 1. Scope and Applicability

This Decree guides the implementation of the Construction Law on the management of construction project quality; it applies to investors, contractors, organizations and individuals related to surveying, designing, constructing, maintenance, managing, and using construction projects within the territory of Vietnam.

Article 2. The system of construction standards

1. The system of construction standards of Vietnam includes construction regulations and construction standards.

2. Construction regulations serve as the basis for managing construction activities and are the grounds for issuing construction standards.

3. The Ministry of Construction promulgates construction regulations; construction standards for civil construction projects including public works and housing, industrial construction projects, and technical infrastructure projects as stipulated in Clause 5, Article 4 of this Decree.

Ministries with specialized construction project management shall issue specialized construction standards based on construction regulations within their functional management scope.

4. The following Vietnamese construction standards in the following fields must be compulsorily applied:

a) Climatic conditions for construction;

b) Geological and hydrological, meteorological and hydrological conditions;

c) Seismic zones;

d) Fire and explosion prevention;

đ) Environmental protection;

e) Labor safety.

In cases where the contents of points d, đ, and e of this clause are not covered or insufficiently covered by Vietnamese standards, foreign standards may be applied upon written approval by the relevant sectoral management ministry.

5. The Ministry of Construction shall specify the application of foreign standards within the territory of Vietnam.

Article 3. Public supervision over construction project quality

1. Investors must display notice boards at construction sites in easily visible and readable locations containing the provisions set forth in Article 74 of the Construction Law to facilitate public supervision.

2. Organizations and individuals who discover violations of construction project quality must promptly report them to the investor, People's Committee of the commune, ward, town where the construction project is located, or the competent state management agency regarding construction.

3. The person receiving the public's feedback has the responsibility to examine, handle promptly, and respond in writing within fifteen working days from the date of receipt of the feedback.

Chapter II
Classification and grading of construction projects

Article 4. Classification of construction projects

Construction projects are classified as follows:

1. Civil construction projects:

a) Housing including apartment buildings and single-family homes;

b) Public works including cultural facilities; educational facilities; health facilities; commercial and service facilities; office buildings; hotels and guesthouses; transportation service buildings; communication and broadcasting tower buildings; railway stations, bus terminals; sports facilities of various types.

2. Industrial construction projects including coal mining and ore extraction works; oil and gas extraction works; chemical and petrochemical works; fuel storage and pipeline distribution works; metallurgical works; mechanical manufacturing works; electronic and information industry works; energy works; light industry works; food industry works; building materials industry works; explosives production and storage works.

3. Transportation construction projects including road works; railway works; inland waterway works; bridges; tunnels; airports.

4. Water conservancy construction projects including reservoirs; dams; culverts; pumping stations; wells; water supply pipelines; canals; canal structures and various types of embankments.

5. Technical infrastructure construction projects including water supply and drainage works; sewage treatment plants; waste treatment works: landfill sites, waste disposal sites; waste treatment plants; urban lighting works.

Article 5. Grading of construction projects

1. Types of construction projects are graded according to the classification in Appendix 1 of this Decree. The grade of a construction project serves as the basis for ranking and selecting contractors in construction activities; determining the number of design stages and the warranty period of construction projects. 2. When the grade of a construction project is defined according to multiple criteria, the grade of the project is determined according to the highest criterion.

Management of construction survey quality

Chapter III
Survey tasks

Article 6. 1. Survey tasks are prepared by consulting design organizations or construction survey contractors and approved by the investor.

2. Survey tasks must comply with the requirements of each type of survey work and each design stage, including the following contents:

a) Purpose of the survey;

b) Scope of the survey;

c) Survey methods;

d) Anticipated volume of various survey tasks;

đ) Applied survey standards;

e) Survey time frame.

Technical survey plan

Article 7. 1. The technical survey plan is prepared by the construction survey contractor and approved by the investor.

2. The technical survey plan must meet the following requirements:

a) It must be consistent with the approved survey tasks by the investor;

b) It must comply with applicable construction survey standards.

Content of the survey result report

Article 8. 1. The content of the survey result report includes:

a) Main contents of the survey tasks;

b) Characteristics, scale, and nature of the project;

c) Location and natural conditions of the survey area;

d) Applied survey standards;

đ) Survey volume;

e) Survey procedures, methods, and equipment;

g) Data analysis and survey results evaluation;

h) Technical solutions proposed to support design and construction of the project;

i) Conclusions and recommendations;

k) Reference materials;

l) Attached appendices.

2. The survey result report must be inspected and accepted by the investor in accordance with Article 12 of this Decree and serves as the basis for implementing subsequent design stages of the construction project. The report must be prepared in six copies, and if more than six copies are required, the investor decides based on agreement with the construction survey contractor.

2. The report on the results of the construction survey must be inspected and accepted by the investor in accordance with Article 12 of this Decree and serves as the basis for implementing the design steps of the construction project. The report shall be prepared in six copies; in cases where more than six copies are required, the investor shall decide based on agreement with the construction survey contractor.

3. The construction survey contractor shall be responsible before the project owner and the law for the truthfulness and accuracy of the survey results; compensate for damages when failing to properly perform the survey tasks, resulting in additional quantities due to incorrect surveys; use inappropriate information, documents, standards, and specifications on construction surveys, and other violations causing damage.

Article 9. Supplementing construction survey tasks

1. Construction survey tasks shall be supplemented in the following cases:

a) During the implementation of the construction survey, the construction survey contractor discovers abnormal factors directly affecting design solutions;

b) During the design process, the design contractor finds that the survey documents do not meet the design requirements;

c) During the construction process, the construction contractor discovers abnormal factors compared to the survey documents that directly affect design solutions and construction methods.

2. The project owner shall be responsible for reviewing and deciding on supplementing the content of the survey task in the cases stipulated in Clause 1 of this Article based on the proposals of the design contractors, construction survey contractors, and construction contractors, and shall bear responsibility under the law for their decisions.

Article 10. Responsibilities of the construction survey contractor regarding environmental protection and construction works in the survey area

During the implementation of the survey at the site, the construction survey contractor shall be responsible for:

1. Not polluting water sources, air, and generating noise beyond permissible limits;

2. Only being permitted to cut trees and crops with the permission of the organizations or individuals managing or owning the trees and crops;

3. Restoring the survey site;

4. Protecting technical infrastructure and other construction works in the survey area. If damage is caused to these works, compensation for damages must be provided.

Article 11. Supervision of construction survey work

1. Responsibilities for supervising construction survey work:

a) The construction survey contractor must have a dedicated department to self-supervise construction survey work;

b) The project owner shall regularly and systematically supervise construction survey work from the start of the survey until completion. In cases where they lack sufficient capacity, the project owner must hire consulting firms to supervise construction survey work.

2. Contents of self-supervision of construction survey work by the construction survey contractor:

a) Monitoring and inspecting the implementation according to the approved construction survey technical plan;

b) Recording monitoring and inspection results in the construction survey logbook.

3. Contents of supervision of construction survey work by the project owner:

a) Inspecting the construction activity capacity conditions of the construction survey contractors against the tender documents regarding manpower, machinery and equipment for survey services, and laboratories used by the construction survey contractors;

b) Monitoring and inspecting the survey locations, survey quantities, and the implementation of the survey procedures according to the approved technical plan. The results of monitoring and inspection must be recorded in the construction survey logbook;

c) Monitoring and requiring the construction survey contractor to implement environmental protection and construction works in the survey area as prescribed in Article 10 of this Decree.

Article 12. Acceptance of construction survey results

1. Basis for accepting the construction survey result report:

a) Construction survey contract;

b) Survey task and technical plan approved by the project owner;

c) Construction survey standards applied;

d) Construction survey result report.

2. Content of acceptance:

a) Evaluating the quality of the survey work against the survey task and the applied construction survey standards;

b) Checking the format and quantity of the construction survey result report;

c) Accepting the volume of construction survey work according to the signed construction survey contract. In cases where the construction survey results comply with the contract and the applied construction standards but fail to meet the investment objectives set by the project owner, the project owner still has to pay for the accepted portion according to the contract.

3. The acceptance result of the construction survey result report must be documented in a record according to the model specified in Appendix 2 of this Decree. The project owner shall be responsible under the law for the acceptance of the construction survey result report.

Chapter IV
Management of construction project design quality

Article 13. Technical Design

1. Basis for preparing the technical design:

a) Design task, basic design in the approved investment project;

b) Report on the results of the construction survey at the basic design stage, additional survey data, and other conditions at the construction site serving the technical design stage;

c) Applied construction standards;

d) Other requirements of the project owner.

2. The technical design documents must be consistent with the basic design and the approved investment project, including:

a) Detailed explanations covering the contents prescribed by the Government's Decree on Managing Investment Construction Projects, but must recalculate and clarify the selected technical production schemes, production lines, equipment selection, economic and technical indicators comparison, verification of design basis data; technical instructions; explanations of contents not shown in the design drawings, and other contents as required by the project owner;

b) Drawings must detail key dimensions, technical parameters, main materials ensuring sufficient conditions for preparing estimates, total estimates, and construction drawing designs for construction projects;

c) Construction project estimate, total estimate.

Article 14. Construction Drawing Design

1. Basis for preparing the construction drawing design:

a) Design task approved by the project owner for one-step design; basic design approved for two-step design; technical design approved for three-step design;

b) Applied construction standards and technical instructions;

c) Other requirements of the project owner.

2. The construction drawing design documents include:

a) The explanation must fully clarify all contents that cannot be shown on the drawings so that the construction workers can implement according to the design.

b) Drawings must detail all parts of the project, structures with complete dimensions, materials, and technical specifications for accurate construction and sufficient conditions to prepare the construction cost estimate.

c) Construction cost estimate.

Article 15. Requirements for the format of construction design documents

1. Construction design drawings must have size, scale, frame name and be presented according to construction standards. In each drawing's frame name, there must be the name, signature of the direct designer, chief designer, head designer, legal representative of the design contractor, and the stamp of the construction design contractor, except in cases where the design contractor is an independent individual practitioner.

2. All explanations, design drawings, and cost estimates must be compiled into a design document set within a unified framework with a list, numbered, and marked for easy reference and long-term preservation.

Article 16. Acceptance of construction design documents

1. Design products before being put into construction must be accepted and confirmed by the investor. The investor shall be responsible for the construction design drawings handed over to the construction contractor. The acceptance record of the construction design documents shall be established according to the model specified in Appendix 3 of this Decree.

2. Basis for accepting construction design documents:

a) Contract for awarding and receiving construction design projects;

b) Design tasks, previously approved preliminary designs;

c) Construction standards and regulations applied;

d) Construction design documents including explanations, design drawings, and cost estimates, total cost estimates.

3. Content of acceptance:

a) Evaluation of design quality;

b) Checking the form and quantity of construction design documents.

4. Depending on the nature, scale, and requirements of the construction project, the investor may hire consultants with appropriate qualifications to conduct design reviews and shall be responsible for the review results. If the design does not meet the contract requirements, the design contractor must redesign and bear all costs, including design review costs.

5. The construction design contractor shall be responsible to the investor and the law for the quality of the construction design and must compensate for damages when using inappropriate information, materials, construction standards, technical solutions, technologies causing adverse effects on the quality of the construction project and other violations resulting in damage.

Article 17. Modification of construction design documents

1. Approved construction design documents may only be modified in the following cases:

a) When the investment project is adjusted requiring changes to the design;

b) During construction, if unreasonable factors are discovered that would affect the quality of the project, construction progress, construction methods, and the effectiveness of the investment project without changing the design.

2. In cases where the modification of construction drawings does not change the approved technical design or basic design, the investor or the construction supervision contractor of the investor may modify the design. Those who modify the design must sign their names and be responsible for their modifications.

Chapter V
Management of construction quality of construction projects

Article 18. Organization of management of construction quality of construction projects

1. Management of construction quality of construction projects includes the quality management activities of the construction contractor; supervision of construction projects and acceptance of construction projects by the investor; supervision of the author of the construction design contractor.

2. The construction contractor must have a quality management system to implement the construction quality management content stipulated in Article 19 and Article 20 of this Decree.

3. The investor must organize construction supervision according to the content stipulated in Article 21 of this Decree. If the investor does not have a qualified consulting organization, they must hire a consulting organization with the necessary qualifications to carry out construction supervision. The investor organizes the acceptance of construction projects.

4. The construction design contractor implements author supervision according to the provisions of Article 22 of this Decree.

Article 19. Management of construction quality of construction projects by contractors

1. Content of construction quality management of construction projects by contractors:

a) Establish a quality management system suitable for the requirements, nature, and scale of construction projects, specifying the responsibilities of each individual and department in managing the quality of construction projects;

b) Conduct material, component, supply, and equipment tests before installation according to standards and design requirements;

c) Develop and monitor implementation of construction methods and schedules;

d) Record construction work logs according to regulations;

đ) Inspect labor safety and environmental hygiene inside and outside the construction site;

e) Internally accept and draw completion drawings for construction project components, construction project items, and completed construction projects;

g) Report to the investor on construction progress, quality, volume, labor safety, and environmental hygiene according to the investor's requirements;

h) Prepare documents for acceptance as stipulated in Articles 24, 25, and 26 of this Decree and request the investor to organize acceptance.

2. The construction contractor shall be responsible to the investor and the law for the quality of the work undertaken; compensate for damages when breaching the contract, using incorrect materials, failing to ensure quality during construction, causing damage, pollution, or other actions causing damage.

Article 20. Quality management of construction projects by general contractors

1. The general contractor shall perform quality management of construction works in accordance with Clause 1 of Article 19 of this Decree.

2. The general contractor shall supervise the quality of construction works carried out by subcontractors in accordance with Clause 1 of Article 21 of this Decree.

3. The general contractor shall be responsible before the project owner and the law for the quality of work undertaken by itself and by subcontractors; compensate for losses when breaching contracts, using incorrect materials, failing to ensure construction quality, causing damage, environmental pollution, or other violations that cause losses.

4. Subcontractors shall be responsible before the general contractor for the quality of the work they undertake.

Article 21. Quality supervision of construction works by the project owner

1. Contents of quality supervision of construction works by the project owner:

a) Inspect the conditions for starting construction works in accordance with Article 72 of the Construction Law;

b) Inspect the suitability of the capacity of construction contractors with tender documents and construction contracts, including:

- Inspect the labor force and construction equipment of construction contractors brought to the construction site;

- Inspect the quality management system of construction contractors;

- Inspect permits for the use of machinery, equipment, and materials requiring safety for construction works;

- Inspect laboratories and production facilities for construction materials, components, and products serving construction works of construction contractors.

c) Inspect and supervise the quality of materials, materials, and equipment installed in construction works provided by construction contractors according to design requirements, including:

- Inspect certificates of quality from manufacturers, test results from accredited laboratories, and quality inspection results of equipment from organizations recognized by competent state authorities for construction materials, components, products, and equipment installed in construction works before being incorporated into construction works;

- When suspecting the quality inspection results of materials and equipment installed in construction works provided by construction contractors, the project owner shall directly inspect the materials, materials, and equipment installed in construction works.

d) Inspect and supervise during the construction process, including:

- Inspect construction methods of construction contractors;

- Regularly and systematically inspect the implementation of tasks at the site by construction contractors. Inspection results must be recorded in the project owner's supervision logbook or inspection records as prescribed;

- Confirm completion drawings;

- Organize acceptance of construction works in accordance with Article 23 of this Decree;

- Collect and inspect documents serving the acceptance of construction work, parts of construction works, stages of construction, acceptance of equipment, acceptance of completed construction works, and acceptance of completed construction works;

- Identify design errors to adjust or request the design contractor to make adjustments;

- Re-inspect the quality of parts of construction works, sections of construction works, and construction works when there is doubt about their quality;

- Take the lead and coordinate with relevant parties to resolve issues and incidents arising during construction works.

2. Contents of quality supervision of construction works by the project owner for general contracting forms:

a) In cases where the form of general contracting for construction and design, supply of materials and equipment, and construction works (EPC) is implemented:

- Perform the tasks specified in Point a, Point b, and Point c of Clause 1 of this Article for the general contractor and subcontractors;

- Conduct inspections and supervision according to Point d of Clause 1 of this Article for the construction general contractor;

- Participate with the general contractor in inspecting and supervising the construction works of subcontractors.

b) In cases where the turnkey general contracting form is implemented:

- The project owner approves the construction schedule and the completion acceptance time of construction works;

- Before accepting the completion of construction works, the project owner receives documents and inspects the quality of construction works if necessary as a basis for acceptance.

3. The project owner must notify the decision on the duties and powers of the construction supervision personnel to the construction contractor and the design contractor to facilitate coordination.

4. The project owner shall be responsible for compensating construction contractors for breach of contract; be responsible under the law when accepting construction works without ensuring quality, misrepresenting acceptance results, accepting quantities incorrectly, deviating from designs, and other violations. Upon discovering quality violations of construction works by construction contractors, the project owner must compel the contractor to stop construction and rectify the consequences.

5. The construction supervision contractor of the project owner must compensate for losses due to breach of contract; be responsible under the law and the project owner when accepting construction works without ensuring quality according to standards and technical guidelines applied, deviating from designs, and other actions causing losses.

Article 22. Supervision of the author by the design contractor of construction works

1. The design contractor of construction works shall appoint persons with sufficient capacity to carry out author supervision in accordance with regulations during the construction process.

2. When construction deviates from the design, the author supervisor must record it in the project owner's supervision logbook and require compliance with the design. If not corrected, the design contractor of construction works must issue a written notice to the project owner. Any changes to the design during construction must comply with Article 17 of this Decree.

3. The construction design contractor shall participate in the acceptance of the construction project when requested by the project owner. Upon supervision, if any part of the construction project or the construction project does not meet the conditions for acceptance, the construction design contractor must issue a document to the project owner clearly stating the reasons for refusing acceptance.

Article 23. Acceptance of Construction Projects

1. The construction contractor must organize the acceptance of construction works, especially those that are hidden, parts of the project, individual items of the project, and the entire project before requesting the project owner to accept them. For construction works that have been accepted but not immediately constructed, they must be re-inspected before construction. If the subsequent construction phase is transferred to another contractor after acceptance, it must be confirmed and accepted by that contractor.

2. The project owner is responsible for organizing the timely acceptance of the construction project after receiving the acceptance request form from the construction contractor. The acceptance of construction projects is divided into:

a) Acceptance of individual construction works during the construction process;

b) Acceptance of parts of the construction project and construction phases;

c) Acceptance of completed individual items and construction projects for use.

3. Completed individual items and construction projects can only be put into use after being accepted by the project owner.

4. When the project owner and the contractor are foreign entities, the acceptance records, as-built drawings of parts of the project and the construction project must be presented in both Vietnamese and the chosen foreign language by the project owner.

Article 24. Acceptance of Construction Works

1. Basis for accepting construction works:

a) The acceptance request form of the construction contractor;

b) Approved construction design drawings and changes in design that have been approved;

c) Construction standards and regulations applied;

d) Technical guidance documents attached to the construction contract;

đ) Results of quality tests and experiments on materials and equipment conducted during construction;

e) Construction diaries, supervisory diaries of the project owner, and other relevant documents related to the acceptance object;

g) Internal acceptance record of construction works of the construction contractor.

2. Content and procedure for acceptance:

a) On-site inspection of the acceptance object: construction works, installed equipment at the site;

b) Inspection of test results and measurements carried out by the construction contractor to determine the quality and quantity of materials, building components, and installed equipment;

c) Evaluation of the compliance of construction works and equipment installation with design, construction standards, and technical guidance documents;

d) Acceptance allowing the next work to proceed. The acceptance result of the construction part is recorded in the form specified in Appendix 4a and 4b of this Decree. Those directly involved in the acceptance must sign and clearly state their names in the acceptance record.

3. Direct acceptance personnel:

a) The construction site supervisor of the project owner or the construction site supervisor of the general contractor in the case of a general contracting contract;

b) The direct construction work supervisor of the construction contractor.

In the case of a general contracting contract, the construction site supervisor of the project owner participates to inspect the acceptance work of the general contractor for subcontractors.

4. In cases where the work is not accepted due to the fault of the construction contractor, the contractor must rectify the consequences and bear all costs including re-testing fees. In cases where the work is not accepted due to the fault of the project owner, the project owner must take responsibility for rectifying the consequences and compensate the construction contractor for losses.

Article 25. Acceptance of Parts of Construction Projects and Construction Phases

1. Basis for accepting parts of construction projects and construction phases:

a) Documents stipulated in points a, b, c, d, đ, e of Clause 1, Article 24 of this Decree and other test results;

b) Records of acceptance of construction works belonging to parts of the construction project and construction phases that have been accepted;

c) As-built drawings of parts of the construction project;

d) Internal acceptance records of parts of the construction project and completed construction phases of the construction contractor;

đ) Preparation work for subsequent construction phases.

2. Content and procedure for acceptance:

a) On-site inspection of the acceptance object: parts of the construction project, construction phases, single-unit and inter-unit no-load trial runs;

b) Inspection of test results and measurements carried out by the construction contractor;

c) Inspection of as-built drawings of parts of the construction project;

d) Conclusion on compliance with construction standards and approved designs; permission to move to the next construction phase. The acceptance result is recorded in the form specified in Appendices 5a, 5b, and 5c of this Decree.

3. Direct acceptance personnel:

a) The person in charge of the construction site supervision department of the project owner or the person in charge of the construction site supervision department of the general contractor in the case of acceptance of parts of the construction project and construction phases carried out by subcontractors;

b) The person in charge of the direct construction work of the construction contractor;

In the case of a general contracting contract, the person in charge of the construction site supervision department of the project owner participates to inspect the acceptance work of the general contractor for subcontractors.

Article 26. Acceptance of Completed Individual Items of Construction Projects and Construction Projects for Use

1. Basis for accepting completed individual items of construction projects and construction projects for use:

a) Documents stipulated in points a, b, c, d, e of Clause 1, Article 24 of this Decree;

b) Records of acceptance of parts of the construction project and construction phases;

c) Test results, adjustment, and load operation of the system of technological equipment.

d) As-built drawings of construction works;

đ) Completion acceptance records for individual components of construction works and internal construction works of the contractor;

e) Approval documents from competent state management agencies regarding fire prevention and explosion control; environmental safety; operational safety as prescribed;

2. Content and sequence of completion acceptance for individual components of construction works and construction works:

a) On-site inspection;

b) Inspection of as-built drawings of construction works;

c) Inspection of test results and trial operation of integrated systems of machinery and equipment;

d) Inspection of approval documents from state agencies regarding fire prevention and explosion control, environmental safety, operational safety;

đ) Inspection of operating procedures and maintenance procedures for construction works;

e) Approval for completion acceptance to put construction works into operation. The acceptance record shall be prepared according to the model specified in Appendix 6 and Appendix 7 of this Decree.

3. Direct participants in the acceptance process include:

a) On behalf of the project owner:

- Legal representative and person responsible for the construction supervision department of the project owner;

- Legal representative and person responsible for the construction supervision department of the construction supervision contractor.

b) On behalf of the construction contractor:

- Legal representative;

- Person responsible for direct construction.

c) On behalf of the design contractor participating in the acceptance process at the request of the construction project owner:

- Legal representative;

- Design leader.

Article 27. As-built drawings

1. As-built drawings are detailed drawings of completed parts of construction works, reflecting actual dimensions compared to designed dimensions, based on approved construction drawings. Any modifications from the approved design must be reflected in the as-built drawings.

In cases where the actual construction dimensions and parameters of the construction work parts match those of the approved construction drawings, such drawings are considered as-built drawings.

2. The construction contractor is responsible for preparing as-built drawings of construction work parts and construction works. The as-built drawings must clearly indicate the name, signature of the drafter. The legal representative of the construction contractor must sign and stamp them. As-built drawings serve as the basis for warranty and maintenance.

3. As-built drawings are signed and confirmed by the construction supervisor of the project owner.

Article 28. Inspection and certification of construction quality compliance

1. For construction works that may cause disasters when accidents occur, they must be inspected and certified for quality compliance to ensure safety before being put into use, including: including:

a) Public construction works gathering large crowds such as theaters, cinemas, circuses, schools, stadiums, sports arenas, supermarkets, and similar functional buildings;

b) Apartment buildings, office buildings, multi-story hotels;

c) Chemical and petrochemical works, oil storage facilities, gas storage facilities;

d) Dams, bridges, large tunnels. large bridges, tunnels.

2. Important construction works as required by the Prime Minister must be inspected and certified for quality.

3. It is encouraged to conduct inspections and certifications for quality compliance for construction works not covered by the provisions of Clause 1 and Clause 2 of this Article.

4. The Ministry of Construction will guide activities related to inspection and certification of quality compliance for construction works.

Chapter VI
Warranty for construction works

Article 29. Warranty for construction works

1. The warranty period starts from the date the project owner signs the completion acceptance record for construction works or individual components of construction works upon their completion and put into use, and is defined as follows:

a) Not less than 24 months for all special grade and grade I construction works;

b) Not less than 12 months for other construction works.

2. Amount of construction work warranty deposit:

a) The construction contractor and equipment supplier are responsible for depositing the warranty amount into the project owner's account as follows:

- 3% of the contract value for construction works or individual components of construction works as stipulated in Point a, Clause 1 of this Article;

- 5% of the contract value for construction works or individual components of construction works as stipulated in Point b, Clause 1 of this Article.

b) The construction contractor and equipment supplier can only be refunded the warranty amount after the warranty period ends and the project owner confirms the completion of warranty work;

c) The construction work warranty deposit and equipment warranty deposit are calculated with interest rates agreed upon by both parties. The construction contractor and the project owner may agree to replace the construction work warranty deposit with a bank guarantee of equivalent value.

Article 30. Responsibilities of the parties regarding warranty for construction works

1. The project owner, owner, or manager of the construction works has the following responsibilities:

a) Inspect the condition of the construction works, identify damages, and request the construction contractor and equipment supplier to repair or replace them. If the contractors fail to fulfill the warranty obligations, the project owner, owner, or manager of the construction works has the right to hire another contractor. The hiring costs are deducted from the construction work warranty deposit;

b) Supervise and accept the repair and maintenance work of the construction contractor and equipment supplier;

c) Confirm the completion of the warranty for construction works to the construction contractor and equipment supplier.

2. The construction contractor and equipment supplier have the following responsibilities:

a) Organize immediate repairs upon request from the project owner, owner, or manager of the construction works and bear all repair costs;

b) Refuse warranty for construction works and equipment in the following situations:

- Construction works and construction equipment damaged not due to the fault of the contractor;

- The project owner violates construction laws and is ordered by competent state authorities to dismantle the work;

- Using construction works and equipment in violation of operational procedures.

3. Contractors for surveying, designing, constructing, and supervising construction works must compensate for damages caused by their own faults leading to damage or accidents in construction works, even after the warranty period, and shall be subject to legal penalties according to the extent of the violation.

Chapter VII
Maintenance of construction works

Article 31. Levels of maintenance for construction works

1. After being accepted for use, construction works must be maintained to ensure long-term operation and exploitation. Maintenance of construction works shall be carried out at the following levels:

a) Routine maintenance level;

b) Minor repair level;

c) Intermediate repair level;

d) Major repair level.

2. The content and methods of maintenance for construction works at each maintenance level shall be implemented according to the maintenance procedure.

Article 32. Duration of maintenance for construction works

1. The duration of maintenance for construction works is calculated from the date of acceptance for use until the end of the service life as stipulated by the design contractor.

2. In cases where construction works exceed their service life but require continued use, the competent state management authority must examine and decide on permission for use based on quality assessment reports conducted by consulting organizations with sufficient qualifications. The person deciding on the use of construction works shall be responsible for their decision.

Article 33. Procedure for maintaining construction works

1. For new construction works, the design contractor and equipment manufacturer shall establish a maintenance procedure suitable for the type and level of the construction work. For existing construction works without a maintenance procedure, the owner or manager shall engage a consulting organization to reassess the quality of the construction work and establish a maintenance procedure.

2. The design contractor shall develop a maintenance procedure for each type of construction work based on corresponding technical maintenance standards.

Article 34. Responsibilities of the owner or manager of construction works in maintenance

The owner or manager of construction works in maintenance shall have the following responsibilities:

1. To organize the implementation of maintenance of construction works according to the maintenance procedure.

2. To bear legal responsibility for the deterioration of construction works due to non-compliance with the maintenance procedure.

Chapter VIII
Accidents in construction works

Article 35. Content of accident resolution in construction works

1. Rapid report of accidents:

a) The project owner shall prepare a report on accidents occurring during the construction of construction works;

b) The owner or manager of construction works in use shall prepare a report on accidents occurring during the operation and exploitation of construction works;

c) Submit the accident report of construction works to the construction management agency under the People's Committee of the province. In cases where construction works of Class I or higher have accidents or accidents in construction works of all classes cause casualties, the project owner, owner, or manager of construction works must also report to the investment decision-maker and the Ministry of Construction.

The rapid accident report form shall be prepared according to the model specified in Appendix 8 of this Decree within 24 hours after the occurrence of the accident.

2. Clearing the accident site:

a) Before clearing the accident site, an accident record of construction works must be established;

b) After having complete records to determine the cause of the accident, the construction contractor, project owner, or manager may proceed with clearing the accident site;

c) In emergency situations requiring rescue of victims or prevention of further disasters, the persons responsible as stipulated in points a and b of Clause 1 of this Article may decide to dismantle or clear the accident site. Prior to dismantling or clearing, the project owner or manager must take photographs, videos, collect evidence, and record materials for subsequent accident investigation.

3. Accident resolution:

a) Accidents must be resolved thoroughly after identifying the correct cause;

b) Organizations or individuals causing accidents in construction works must compensate for all losses and costs incurred in resolving the accident. They may also face legal penalties according to the extent of the violation;

c) In cases where accidents in construction works are due to force majeure, the project owner or the insurance agency for construction works that have purchased insurance must bear the costs of resolving the accident.

Article 36. Accident records of construction works

1. When accidents occur in construction works, the project owner, owner, or manager has the responsibility to establish an accident record of construction works.

If a survey and evaluation of the degree and cause of the accident is required, and if the project owner or manager does not have the capability to perform it, they must hire a qualified construction consulting organization to conduct the survey, evaluation, determination of the cause of the accident, and clarify the responsibility of those who caused the accident in construction works.

2. An accident record of construction works includes:

a) A field inspection record of the accident established according to the model specified in Appendix 9 of this Decree;

b) Description of the development of the accident;

c) Results of the survey, evaluation, and determination of the degree and cause of the accident;

d) Documents related to the design and construction of the construction work concerning the accident.

Chapter IX
Implementation

Article 37. State management responsibilities for the quality of construction works

1. The Ministry of Construction shall uniformly manage the quality of construction works nationwide. Ministries managing specialized construction works shall cooperate with the Ministry of Construction in managing the quality of specialized construction works.

2. The People's Committee of the province, according to the分级管理, is responsible for state management of construction project quality within the administrative boundaries under its jurisdiction.

Article 38. Implementation

1. Ministries, ministerial-level agencies, governmental agencies, and provincial People's Committees shall annually conduct inspections and report on the situation of construction project quality within their respective areas of management to the Ministry of Construction for consolidation and reporting to the Prime Minister.

2. Ministers, heads of ministerial-level agencies, heads of governmental agencies, and Chairpersons of provincial People's Committees within the scope of their duties and authority are responsible for organizing the implementation of this Decree.

3. The Minister of Construction shall take the lead and coordinate with relevant ministries and sectors to guide the implementation of this Decree.

Article 39. Effectiveness

This Decree takes effect fifteen days from the date of publication in the Official Gazette. All guiding provisions on construction project quality management that contradict this Decree shall be abolished.