CIRCULAR

Regulations on certain aspects of

quality management and maintenance of construction works

    ________________________________

Pursuant to the Law on Construction promulgated on June 18, 2014;

Pursuant to Decree No. 46/2015/NĐ-CP dated May 12, 2015 of the Government on Quality Management and Maintenance of Construction Projects (hereinafter referred to as Decree No. 46/2015/NĐ-CP);

Pursuant to Decree No. 59/2015/NĐ-CP dated June 18, 2015 of the Government on Project Management for Investment in Construction (hereinafter referred to as Decree No. 59/2015/NĐ-CP);

Pursuant to Decree No. 37/2015/ND-CP dated April 22, 2015 of the Government detailing construction contracts;

Pursuant to Decree No. 15/2015/NĐ-CP dated February 14, 2015 of the Government on public-private partnership investment;

Pursuant to Decree No. 62/2013/NĐ-CP dated June 25, 2013 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Construction;

At the proposal of the Director of the National Construction Quality Supervision Agency;

The Minister of Construction issues this Circular detailing certain aspects of quality management and maintenance of construction projects.

Article 1. Scope of regulation and applicable subjects

This Circular details certain aspects of quality management and maintenance of construction projects applicable to organizations and individuals, both domestic and foreign, related to the territory of Vietnam.

Article 2. Responsibilities of the project owner in managing the quality of construction projects

1. Selecting organizations and individuals with sufficient capacity to carry out construction activities; approving subcontractors participating in construction activities proposed by the main contractor or general construction contractor in accordance with the provisions of the construction contract.

2. Agreeing on the language used in relevant documents, files, and records during the construction process. In cases involving foreign elements, the language used in documents, materials, and records shall be Vietnamese and the foreign language agreed upon by the parties; if no agreement can be reached, the languages used shall be Vietnamese and English.

3. For construction survey:

a) Organizing the preparation of construction survey tasks;

b) Approving construction survey tasks; adjusting and supplementing construction survey tasks (if necessary);

c) Approving technical solutions for construction surveys; adjusting and supplementing technical solutions for construction surveys (if necessary);

d) Inspecting the implementation of construction survey contractors in accordance with the provisions of the contract;

đ) Conducting supervision of construction surveys either directly or by hiring organizations or individuals with appropriate expertise in the type of survey;

e) Accepting and approving reports on the results of construction surveys in accordance with regulations;

g) Hiring organizations or individuals with sufficient capacity to review technical solutions for construction surveys and reports on survey results when necessary.

4. For construction design of projects:

a) Determining the design tasks in accordance with Article 18 of Decree No. 46/2015/NĐ-CP; the form of document determining design tasks may refer to the model provided in Appendix I of this Circular;

b) Inspecting the implementation of design contractors and design review contractors (if any) in accordance with the provisions of the contract;

c) Hiring organizations or individuals with sufficient capacity to review construction design documents when necessary;

d) Inspecting and submitting to the competent state agency specified in Decree No. 59/2015/NĐ-CP for design review;

đ) Approving or submitting to the investment decision-maker for approval of construction design documents in accordance with the authority specified in Decree No. 59/2015/NĐ-CP;

e) Organizing the adjustment of designs (if necessary) in accordance with Article 84 of the Construction Law 2014;

g) Organizing the acceptance of construction design documents in accordance with Article 5 of this Circular.

5. For construction work:

a) Organizing the supervision of construction works in accordance with Article 26 of Decree No. 46/2015/NĐ-CP and other contents as stipulated in the contract;

b) Organizing comparative testing, quality inspection, and load-bearing capacity testing of structures during construction in accordance with Article 29 of Decree No. 46/2015/NĐ-CP;

c) Leading and coordinating with related parties to resolve issues and handle incidents during construction in accordance with Decree No. 46/2015/NĐ-CP and other relevant regulations;

d) Organizing the acceptance of construction work, partial or phase acceptance of construction projects (if any);

đ) Organizing the final acceptance of construction components and projects;

e) Supervision and acceptance by the project owner or construction supervision contractor do not replace or reduce the responsibility of the construction contractor for the quality of construction works carried out by the contractor.

6. Inspecting and urging the implementation of construction project warranty in accordance with Articles 35 and 36 of Decree No. 46/2015/NĐ-CP.

7. Organizing the establishment and approval of maintenance procedures for construction projects in accordance with Point b Clause 1 Article 126 of the Construction Law 2014; organizing the maintenance of construction components and projects in accordance with Clause 4 Article 15 of this Circular.

8. Organizing the handover and operation of construction projects in accordance with Article 34 of Decree No. 46/2015/NĐ-CP; handing over documents for maintenance of construction projects to the owner or manager/user of the project.

9. Storing documents in accordance with Article 12 of this Circular and other relevant laws.

10. Implementing requirements of competent state agencies in accordance with the law during the construction project investment process.

Article 3. Allocation of responsibilities between the project owner and the EPC general contractor in managing the quality of construction projects

1. The project owner is responsible for:

a) Implementing the provisions of Clause 1, Clause 2, Point a Clause 4, Point đ Clause 5, Clause 6, Clause 8, Clause 9, and Clause 10 of Article 2 of this Circular;

b) Agreeing in the contract with the EPC general contractor to allocate responsibilities for the remaining contents prescribed in Article 2 of this Circular.

2. The EPC general contractor is responsible for organizing the quality management of works carried out by itself and subcontractors, including:

a) Selecting subcontractors meeting the required capacity conditions;

b) Implementing the provisions of Article 2 of this Circular except for the contents prescribed in Clause 1 of this Article.

Article 4. Allocation of responsibilities in managing the quality of construction projects when applying public-private partnership investment

1. The competent state agency signing and implementing the project contract (the agency authorized to sign the project contract) is responsible for:

a) Implementing the contents prescribed in Point a Clause 4 Article 2 of this Circular;

b) Review the requirements for the capacity and experience of contractors in the tender documents or request documents and the selection results of contractors for project packages (if any) before the project enterprise approves according to the provisions of the project contract;

c) Participate in interim acceptance (if any), completion acceptance of individual works, construction projects;

d) Supervise and evaluate the compliance of the project enterprise with the obligations regarding planning requirements, objectives, scale, technical standards, applicable standards, quality of works, capital mobilization schedule, project implementation, environmental protection, and other issues as stipulated in the project contract;

đ) For BOT and BLT contracts, at the end of the business operation period or service lease period, the competent authority signing the project contract shall organize the quality inspection of the works as the basis for transfer according to the provisions of the project contract;

e) Determine the value and condition of the works, prepare a list of assets to be transferred, identify damages and require the project enterprise to organize the repair of damages (if any). Accept the transfer when the works and related equipment and assets for operation have been maintained and repaired to meet technical requirements and other contents specified in the project contract;

g) Coordinate with the project enterprise to prepare the handover documents;

h) Check the organization of the implementation of maintenance of construction works in accordance with the laws and provisions of the project contract;

2. The project enterprise is responsible for:

a) Implementing the contents prescribed in Article 2 of this Circular except for the contents prescribed in Point a Clause 4 Article 2 of this Circular;

b) Cooperate with the competent authority signing the project contract to organize the management of construction quality during the project implementation;

c) Organize the implementation of technology transfer, training, warranty, maintenance, and management of the use of works in accordance with the requirements of the project contract;

d) Fulfill other responsibilities as prescribed in the project contract and relevant laws;

3. The division of responsibilities for managing the quality of construction works between the project enterprise and the competent authority signing the project contract must be clearly stipulated in the project contract;

Article 5. Completion acceptance of construction design works

After the construction design documents have been reviewed and approved in accordance with regulations, the investor checks the volume of work completed, the conformity of the specifications and quantity of design documents with the construction contract requirements, and notifies the design contractor in writing of the acceptance of the construction design documents if they meet the requirements;

Article 6. System and responsibility for supervising construction works

1. The investor and the EPC general contractor shall either implement or hire organizations or individuals with the required qualifications to supervise one, some, or all of the contents prescribed in Clause 1 Article 26 of Decree 46/2015/NĐ-CP;

2. In cases where the investor and the EPC general contractor simultaneously perform supervision and construction works, the investor and the EPC general contractor must establish an independent supervision department separate from the direct construction works department;

3. Construction supervision may be carried out by an individual with a construction supervision certificate for projects of the following scale:

a) Class IV construction works;

b) Projects involving renovation, repair, upgrading, or community participation projects with a total investment amount under VND 5 billion;

c) Projects with a total investment amount under VND 2 billion where the People's Committee of the commune is the investor;

4. When the investor organizes the completion acceptance of individual works and the commissioning of construction works, the organizations or individuals performing construction supervision must prepare a report on the construction supervision activities and bear responsibility for the accuracy, honesty, and objectivity of the contents in the report. The main contents of the report include:

a) Evaluation of the contractor's construction capacity compared to the bidding documents and construction contract;

b) Evaluation of the volume and progress of completed work, construction organization, and labor safety measures during construction;

c) Evaluation of material, product, component, and equipment installation inspection work;

d) Evaluation of the organization and results of construction work acceptance, interim acceptance (if any), and conditions for completion acceptance of individual works and construction works;

đ) Evaluation of the organization and results of construction work acceptance, interim acceptance (if any), and conditions for completion acceptance of individual works and construction works;

e) Design changes and their review and approval during construction (if any);

g) Existing defects and quality issues during construction (if any) and evaluation of causes, measures, and results of rectification according to regulations;

h) Evaluation of the suitability of construction quality management documents, operational procedures, and maintenance procedures for construction works as prescribed;

i) Evaluation of compliance with environmental laws, fire prevention and control laws, and other relevant laws;

k) Conclusion on the conditions for completion acceptance (satisfactory or unsatisfactory) of individual works and construction works;

Article 7. Contents of construction supervision

1. Quality supervision of construction works:

The contents of quality supervision of construction works as prescribed in Clause 1 Article 26 of Decree 46/2015/NĐ-CP;

2. Progress supervision of construction works:

a) Verify and confirm the overall and detailed progress schedules of individual works prepared by the contractor ensuring compliance with the approved construction schedule;

b) Inspect and urge the progress of construction works by contractors on site. If necessary, recommend to the investor to require the construction contractor to take measures to ensure the construction schedule of the works;

c) Evaluate and determine the causes, prepare a written report for the project investor to submit to the competent authority for consideration and decision on adjusting the project schedule in cases where the overall project schedule is extended.

d) Inspect the actual construction capacity of the construction contractor regarding manpower and construction equipment compared to the construction contract; report and propose necessary solutions to the project investor to ensure the schedule.

3. Supervise the volume of construction work:

a) Check and confirm the quantity that has been accepted according to regulations;

b) Report to the project investor about the additional quantity compared to the construction contract.

4. Supervise the assurance of labor safety and environmental protection:

Supervise compliance with regulations on labor safety management and environmental protection during the construction process as stipulated in Article 34, Article 35 of Decree 59/2015/NĐ-CP and relevant laws on labor safety and environmental protection.

Article 8. Acceptance 1. The acceptance record for construction work is established for each individual construction work or jointly for multiple construction works of a sub-project according to the construction sequence, including the following contents:

a) Name of the construction work being accepted;

b) Time and location of acceptance;

c) Signatories of the acceptance record;

d) Acceptance conclusion (acceptance or non-acceptance, agreement to proceed with subsequent works; requirements for repair and completion of the work already carried out, if any);

đ) Signature, full name, position of the signatory of the acceptance record;

e) Attached annexes (if any).

2. Signatories of the acceptance record:

a) Construction site supervisor of the project investor;

b) Direct technical supervisor of the construction contractor or general contractor, main contractor;

c) Direct technical supervisor of the subcontractor in cases involving a general contractor or main contractor.

3. Signatories of the acceptance record in cases applying EPC contracts:

a) Construction site supervisor of the EPC general contractor or construction site supervisor of the project investor for the part supervised by themselves according to the contract;

b) Direct technical supervisor of the EPC general contractor.

In cases where the EPC general contractor hires a subcontractor, the direct technical supervisors of the EPC general contractor and the subcontractor sign the acceptance record;

c) Investor's representative agreed upon with the EPC general contractor (if any).

4. In cases where the contractor is a consortium, the direct construction supervisors of each member of the consortium sign the acceptance record for the construction work they have carried out.

Completion acceptance of sub-projects and construction projects put into use

Article 9. 1. The completion acceptance record of sub-projects and construction projects includes the following contents:

a) Name of the sub-project or construction project being accepted;

d) Evaluation of the quality of the completed sub-project or construction project compared to design tasks, technical guidelines, and other requirements of the construction contract;

c) Signatories of the acceptance record;

d) Acceptance conclusion (acceptance or non-acceptance, agreement to proceed with subsequent works; requirements for repair and completion of the work already carried out, if any);

đ) Evaluation of the implementation of fire prevention and firefighting agency requirements, state management agencies for the environment, specialized agencies for construction, and other related legal requirements;

e) Acceptance conclusion (approval or non-approval of the completion acceptance of the sub-project or construction project; requirements for repair, completion, and supplementary work, and other opinions if any);

g) Signature, full name, position, and stamp of the legal entity of the signatory of the acceptance record;

h) Attached annexes (if any).

a) Legal representative of the project investor or authorized person;

a) Construction site supervisor of the project investor;

b) Legal representative of the construction supervision contractor;

c) Legal representatives of the main construction contractors or general contractors in cases applying general contracting contracts; in cases where the contractor is a consortium, all legal representatives of each member of the consortium must be present, except in cases of other agreements;

d) Legal representative and design manager of the design contractor when required by the project investor;

đ) Legal representative of the authority signing the project contract or authorized person in cases implementing public-private partnership investment.

Construction Diary

Article 10. 1. The construction diary is established by the construction contractor for each construction package or the entire construction project. In cases where a subcontractor participates in construction, the general contractor or main contractor agrees with the subcontractor on the responsibility for establishing the construction diary for the parts carried out by the subcontractor.

2. The project investor agrees with the construction contractor on the format and content of the construction diary as a basis for implementation before starting construction of the project.

3. Contents of the construction diary include the following key information:

a) Construction conditions (temperature, weather, and related information); number of workers and equipment mobilized by the construction contractor to carry out construction at the site; daily construction works accepted on-site;

b) Detailed description of incidents, damages, accidents, other issues arising during construction and measures taken to address them (if any);

c) Suggestions from the construction contractor and construction supervisor (if any);

d) Opinions on resolving issues arising during construction from relevant parties.

4. In cases where the project investor and construction contractors issue documents to resolve technical issues on-site, these documents are kept together with the construction diary.

As-built Drawings

Article 11. 1. The construction contractor is responsible for preparing as-built drawings of completed sub-projects and construction projects carried out by themselves. For concealed parts of the project, as-built drawings must be prepared or actual dimensions and parameters measured and determined before proceeding with subsequent work.

1. The construction contractor shall be responsible for preparing completion drawings for individual project components and completed construction works carried out by themselves. As for parts of the works that are concealed, completion drawings must be prepared or actual dimensions and parameters must be measured and determined before proceeding with subsequent work.

2. In the case of a joint venture contractor, each member of the joint venture shall be responsible for preparing the as-built drawings for the work they have performed, and may not delegate this responsibility to another member of the joint venture.

3. The preparation and confirmation of the as-built drawings shall be carried out in accordance with the guidelines set forth in Appendix II of this Circular.

Article 12. Provisions on the storage of completion project files and files serving management, operation, and maintenance of projects

1. The project owner shall organize the preparation and storage of completion project files before organizing the acceptance of completed project components or construction projects for exploitation and use according to the list specified in Appendix III of this Circular. Contractors participating in the construction of the project shall prepare and store files for the work they have performed. In cases where there is no original document, it may be replaced by an original copy or a legally certified copy.

2. The minimum retention period for project files is ten years for projects under Group A, seven years for projects under Group B, and five years for projects under Group C, starting from the date when the project component or construction project is put into use.

3. The project owner shall organize the preparation of a set of files serving management, operation, and maintenance of the project in accordance with the provisions of Appendix IV of this Circular, and hand them over to the owner or manager/user of the project. The owner or manager/user of the project shall be responsible for storing these files throughout the exploitation and use of the project.

4. In cases where project components or construction projects are put into use in phases, the project owner shall be responsible for organizing the preparation of completion project files and files serving management, operation, and maintenance of the project for the parts that are put into use.

5. Project historical record files shall be submitted for archival in accordance with the laws on archiving.

Article 13. Inspection of the acceptance process of construction projects in accordance with Article 32 of Decree 46/2015/NĐ-CP

1. Inspection of the acceptance process during the construction phase:

a) Within fifteen days from the start of construction, the project owner must submit a written report on the project information using Form No. 01 in Appendix V of this Circular to the specialized agency on construction in accordance with Clause 2 of Article 32 of Decree 46/2015/NĐ-CP;

b) The specialized agency on construction shall conduct inspections from the start of construction until the completion of the project, not exceeding three times for special-grade and Grade I projects, and not more than two times for other projects, except in cases where quality issues arise during construction or when the project owner organizes acceptance in accordance with Clause 3 of Article 31 of Decree 46/2015/NĐ-CP. Based on the type and grade of each project, the specialized agency on construction decides the timing of inspections at the end of important construction stages.

For example, for civil construction projects, important construction stages include foundation and underground structures - main structure - electromechanical (equipment) and finishing; for bridge projects, important stages include foundation and piers - bridge girders - finishing; for road projects, important stages include road base (base layers) - road foundation - road surface; ...

c) Upon completion of the inspection round, the specialized agency on construction shall notify the results of the inspection in writing to the project owner.

2. Inspection of the acceptance process upon completion of construction of project components and putting construction projects into use:

a) The project owner shall send a written notice using Form No. 02 in Appendix V of this Circular to the specialized agency on construction in accordance with Point c of Clause 4 of Article 32 of Decree 46/2015/NĐ-CP;

b) The specialized agency on construction shall organize inspections according to the contents stipulated in Clause 3 of Article 32 of Decree 46/2015/NĐ-CP and notify the results of the inspection in writing to the project owner;

c) After receiving the notification from the specialized agency on construction, the project owner shall be responsible for organizing inspections, reviews, and organizing the resolution of any deficiencies (if any), organizing the acceptance of completed project components and construction projects in accordance with regulations; submitting the minutes of the acceptance of completed project components and construction projects and reports on the resolution of any deficiencies (if any) to the specialized agency on construction;

d) Based on the minutes of the acceptance of completed project components and construction projects and reports on the resolution of any deficiencies (if any) provided by the project owner in Point c of this Clause, the specialized agency on construction shall issue a document approving the acceptance results of the project owner using Form No. 03 in Appendix V of this Circular.

3. If the project owner proposes to organize the acceptance of completed project components and construction projects for use while some finishing works still need to be carried out, the project owner may organize the acceptance of project components and construction projects for use in accordance with Clause 3 and Point b of Clause 4 of Article 31 of Decree 46/2015/NĐ-CP.

The project owner shall be responsible for continuing to organize the construction and acceptance of remaining works in accordance with approved designs; the construction process must ensure safety and not affect the normal operation of the accepted project components and construction projects.

4. The specialized agency on construction shall not conduct inspections of the project owner's acceptance process for projects that have been inspected by the State Acceptance Committee for Construction Projects.

5. The inspection by the specialized agency on construction does not replace or reduce the project owner's responsibility for managing the quality of construction projects and the contractors' responsibility for the quality of the construction projects they have performed in accordance with the law.

Article 14. Costs for inspecting the acceptance process of construction projects

1. The costs for conducting inspections of the acceptance process during construction and upon completion of construction as stipulated in Clause 5 of Article 32 of Decree 46/2015/NĐ-CP include:

a) Inspection costs of the specialized agency on construction including administrative fees as prescribed and other costs serving the inspection process;

b) Personal hire costs (experts) invited by the construction management agency include travel expenses, accommodation costs at the work location, and expert fees;

c) Costs for hiring organizations to participate in inspecting completion acceptance work of construction projects.

2. The cost for inspecting and accepting construction works is a component of other costs and is estimated within the total investment budget for construction projects.

The budget estimate for costs as stipulated in Clause 1 of this Article shall be based on the characteristics and nature of the construction project, the location where the construction project is carried out, the time period, the number of staff, experts, organizations, and individuals participating in the inspection and acceptance work, and the volume of work to be performed. The preparation, review, and approval of the budget estimate for inspecting and accepting construction works shall be carried out in accordance with the provisions of Clause 3 of Article 32 of Decree 46/2015/NĐ-CP.

3. The project owner is responsible for settling the costs specified in Point a of Clause 1 of this Article upon completion of the inspection phase. In cases where the construction management agency invites organizations or individuals with appropriate capabilities to participate in the inspection process, the project owner shall execute signing and settling contracts according to regulations for the costs specified in Points b and c of Clause 1 of this Article.

Article 15. TResponsibilities for maintaining construction works

1. Construction works with a single owner:

a) For state-owned construction works, the organization or individual entrusted by the state to manage and operate the construction works is responsible for maintaining the construction works;

b) For construction works owned by others, the owner of the construction works is responsible for maintaining the construction works.

Specifically, for urban technical infrastructure works, the project owner is responsible for maintaining the construction works until they are handed over to the state for management;

c) For construction works invested under the BOT model, the legal representative of the project enterprise is responsible for maintaining the construction works during the specified business operation period as defined in the project contract.

2. Construction works with multiple owners:

a) For residential buildings, the owners are responsible for maintaining their respective ownership parts and must agree to contribute funds for maintaining the common ownership parts in accordance with the laws on housing;

b) For other construction works, the owner of the individual part of the construction works is responsible for maintaining their own ownership part and simultaneously must be responsible for maintaining the common ownership part of the construction works. The division of responsibility for maintaining the common ownership part of the construction works must be specifically agreed upon in writing or in the purchase or lease contract by the owners or their authorized representatives.

3. When the owner or manager of the construction works entrusts another organization or individual to operate and use the construction works, they must agree with that organization or individual regarding the responsibility for maintaining the construction works.

4. In cases where the construction works have been put into use but not yet handed over to the owner or manager of the construction works, the project owner is responsible for organizing the maintenance of the construction works.

5. For construction works without a determined owner, the person currently operating and using the construction works is responsible for maintaining the construction works.

Article 16. Monitoring construction works and parts of construction works during exploitation and use

1. During exploitation and use, construction works specified in Appendix VI of this Circular and construction works showing signs of subsidence, cracking, tilting, and other abnormal conditions that may cause collapse must be monitored compulsorily. Parts of construction works that need to be monitored are the main load-bearing structures of the construction works which, if damaged, could lead to the collapse of the construction works (for example: spatial roof trusses, main load-bearing structures of the construction works, stadium stands, chimneys, silos, etc.).

2. The monitoring content for construction works specified in Appendix VI of this Circular is included in the maintenance procedures, including: monitoring locations, monitoring parameters, and limit values of these parameters (for example: tilting deformation, subsidence, cracking, sagging, etc.), monitoring time, number of measurement cycles, and other necessary contents.

3. General requirements for monitoring construction works during exploitation and use:

a) The contractor conducting the monitoring must develop a monitoring plan consistent with the contents stipulated in Clause 2 of this Article; specifying the measurement methods, measuring equipment, layout and structure of monitoring points, implementation organization, data processing methods, and other necessary contents to be submitted for approval by the person responsible for maintaining the construction works;

b) The contractor conducting the monitoring must carry out monitoring according to the approved monitoring plan and report the results of the monitoring to the person responsible for maintaining the construction works. Measured data must be compared and evaluated against the limit values set by the construction design contractor or relevant technical standards and specifications.

If the measured data as stipulated in Clause 2 of this Article exceeds the permissible limit values or shows other abnormal signs, the person responsible for maintaining the construction works must organize an assessment of the structural safety and operational safety of the construction works during exploitation and use and take timely measures to address the situation.

Article 17. Assessment of structural safety and operational safety of construction works during exploitation and use

1. The list of construction works under the management authority of the Ministry of Construction as stipulated in Clause 1 of Article 51 of Decree 46/2015/NĐ-CP must be assessed for structural safety and operational safety during exploitation and use as specified in Appendix VII of this Circular. Sectoral construction management agencies, the Ministry of Defense, and the Ministry of Public Security shall specify the assessment of structural safety and operational safety of construction works during exploitation and use for construction works under their management authority.

2. The content and frequency of assessments are specified in technical standards (if applicable) or in the maintenance procedures for construction works.

3. The assessment of structural safety and operational safety of construction works during exploitation and use shall be conducted by construction inspection organizations that meet the required capacity conditions as prescribed.

Article 18. Construction Inspection

1. Fields of construction inspection:

a) Quality inspection, determination of causes of damage, service life of construction works components, and quality inspection to determine the causes of construction works incidents;

b) Quality inspection of construction materials, construction components, and construction products.

2. Selection of construction inspection organizations:

a) The organization conducting inspection must have sufficient capacity conditions in accordance with regulations, appropriate to the field of inspection, and be published on the construction activity information website in accordance with regulations. The individual primarily responsible for the inspection must have sufficient capacity conditions in accordance with regulations, appropriate to the field of inspection;

b) In cases where inspections are conducted at the request of specialized agencies on construction and state management agencies on construction as stipulated in Point đ Clause 2 Article 29, Point đ Clause 5 Article 40 Decree 46/2015/NĐ-CP (collectively referred to as the requesting agency), the project investor, owner, or person managing and using the works shall select the inspection organization in accordance with Point a Clause 2 of this Article and obtain the approval of the requesting agency;

In such cases, the inspection organization must be independent in both legal and financial terms from the project investor and construction survey contractors, design contractors, construction contractors, material and equipment suppliers, project management entities, and construction supervision entities;

3. The procedure for conducting inspections at the request of the agencies mentioned in Point b Clause 2 of this Article is as follows:

a) The inspection organization prepares an inspection outline for the requesting agency to review and approve;

b) The project investor, owner, or person managing and using the works shall organize the approval of the inspection outline and budget prepared by the inspection organization and sign a contract with that organization in accordance with the law;

c) The inspection organization shall carry out the inspection according to the approved outline and prepare a report on the inspection results to submit to the requesting agency and the project investor, owner, or person managing and using the works;

d) The project investor, owner, or person managing and using the works and the inspection organization shall conduct the acceptance of the inspection result report and terminate the contract in accordance with the law on contracts in construction activities;

4. The inspection outline includes the following main contents:

a) Purpose, requirements, objects, and content of inspection;

b) List of standards and technical regulations applied;

c) Information about the capacity of the head and individuals conducting the inspection; laboratory and equipment used for inspection (if any);

d) Procedure and method of conducting the inspection;

đ) Progress schedule for inspection;

e) Other conditions for conducting the inspection.

5. The inspection result report includes the following main contents:

a) Basis for conducting inspection;

b) General information about the work and inspection object;

c) Content and procedure for conducting inspection;

d) Test results, calculations, analyses, observations, and evaluations;

đ) Conclusions on the contents required by the approved inspection outline and recommendations (if any).

Article 19. Construction Inspection Costs

1. Inspection costs are determined by preparing a budget in accordance with regulations on investment construction cost management and other relevant regulations suitable to the volume of work specified in the inspection outline, including some or all of the following expenses:

a) Surveying the current status of the inspected object;

b) Preparing the outline, reviewing the outline, and preparing the inspection budget;

c) Collecting and studying documents related to the inspection;

d) Testing, calculating, analyzing, observing, and evaluating;

đ) Transportation costs for inspection purposes;

e) Preparing the inspection result report;

g) Other necessary costs for inspection purposes.

2. Responsibility for paying inspection costs:

a) During the construction process, the responsibility for paying inspection costs is as stipulated in Clause 4 Article 29 Decree 46/2015/NĐ-CP;

b) During the operation and use period, the owner or person managing and using the works has the responsibility to pay inspection costs. If the inspection results prove that the fault lies within the responsibility of related organizations or individuals, these organizations or individuals must bear the corresponding inspection costs caused by their own actions;

Article 20. Construction Appraisal

1. Fields of construction appraisal:

a) Appraising compliance with legal provisions in construction investment activities;

b) Appraising the quality of construction surveys and designs;

c) Appraising the quality, causes of damage, and service life of building components and structures, and appraising the causes of construction accidents;

d) Appraising the quality of construction materials, structural components, and construction products;

2. The competent authority organizing construction appraisal as stipulated in Articles 52, 53, and 54 Decree 46/2015/NĐ-CP or specialized construction agencies authorized to organize construction appraisal (collectively referred to as the appraisal authority);

3. Procedure for conducting construction appraisal:

a) The appraisal authority shall notify in writing the project investor, owner, or person managing and using the works about the organization of the appraisal with main contents: basis for implementation, object, time, and content of the appraisal;

b) The project investor, owner, or person managing and using the works shall be responsible for collecting files, documents, and technical data related to the appraisal object as required by the appraisal authority;

c) The appraisal authority shall organize the construction appraisal based on the files, documents, and technical data. When necessary, the appraisal authority may designate a construction inspection organization meeting the conditions stipulated in Point b Clause 2 Article 18 Circular to conduct the inspection in accordance with the procedures stipulated in Clause 3 Article 18 of this Circular or consider using existing inspection results to serve the appraisal work;

d) The appraisal authority shall notify the appraisal conclusion to the relevant parties as stipulated in Clause 4 of this Article. When necessary, the appraisal authority may organize opinions from related organizations and individuals regarding the content of the appraisal conclusion;

4. The notification of the appraisal conclusion includes the following main contents:

a) Basis for conducting the inspection;

b) General information about the inspected object;

c) Content of the inspection;

d) Procedure for organizing the inspection;

đ) Inspection results;

e) Allocation of responsibility of related organizations and individuals and measures for handling and rectification (if applicable).

Article 21. Construction Appraisal Costs

1. Construction appraisal costs include some or all of the following costs:

a) Costs for the construction appraisal carried out by the appraisal authority, including travel expenses and other costs serving the appraisal work;

b) Costs for hiring individuals (experts) to participate in the construction appraisal, including travel expenses, accommodation fees at the place of work, and expert fees;

c) Costs for hiring organizations to conduct inspections to serve construction appraisal are determined in accordance with Clause 1 Article 19 of this Circular;

d) Other necessary costs to serve the appraisal work;

2. Responsibility for paying construction appraisal costs is as stipulated in Clause 4 Article 49 Decree 46/2015/NĐ-CP;

Article 22. Guidance on Resolving Disputes Regarding the Quality of Construction Works

1. Disputes regarding the quality of construction works occur when there are differing evaluations of the quality of products, parts, and construction works, and measures to address quality defects;

Quality disputes may arise between construction participants or between these participants and owners or managers of adjacent construction works and other related parties;

2. The resolution of disputes regarding the quality of construction works is carried out in the following manner:

a) Self-negotiation between the disputing parties;

b) Selecting, agreeing upon, and hiring organizations or individuals with sufficient capacity in accordance with regulations to conduct inspections and evaluate the quality of parts, items, and construction works, and propose solutions to address quality issues.

The disputing parties may request the state management agency on construction at the appropriate level to guide the resolution of disputes.

c) Initiate litigation and resolve disputes through the court, proceedings to be conducted in accordance with relevant laws.

3. In cases where there are disputes regarding the results of inspection between related subjects concerning inspections specified in Points a, b, and c of Clause 2, Article 29 and Points a, b, c, and d of Clause 5, Article 40 of Decree No. 46/2015/NĐ-CP, the resolution shall be carried out according to the procedures stipulated in Clause 2 of this Article.

Article 23. Report on Construction Project Incidents

When a construction project experiences an incident, the project owner, owner, or manager/user shall report the incident promptly in accordance with Article 47 of Decree No. 46/2015/NĐ-CP, including the following main contents:

1. Name of the project and location of construction.

2. Names of organizations and individuals involved in the construction of the project.

3. A brief description of the incident, the condition of the construction project when the incident occurred, and the time of occurrence.

4. Preliminary losses in terms of human life and property.

Article 24. Report on Quality Status and Quality Management of Construction Projects

1. The Ministry of Construction shall take the lead in compiling and reporting to the Prime Minister on the quality status and quality management of construction projects nationwide.

2. Sectoral construction management ministries, the Ministry of National Defense, and the Ministry of Public Security shall be responsible for compiling and reporting on the review of project feasibility studies, designs, and construction budgets within their jurisdiction according to Model No. 01 in Appendix II of Circular No. 18/2016/TT-BXD; reporting on the situation of acceptance inspections and incidents of construction projects managed by their ministry to the Ministry of Construction according to Model No. 01 in Appendix VIII of this Circular.

3. Provincial People's Committees shall be responsible for compiling and reporting on the review of project feasibility studies, designs, and construction budgets within their jurisdiction according to Model No. 02 in Appendix II of Circular No. 18/2016/TT-BXD dated June 30, 2016, issued by the Ministry of Construction detailing and guiding certain aspects of project feasibility study reviews and design and construction budget approvals; reporting on the situation of acceptance inspections and incidents of construction projects in their locality to the Ministry of Construction according to Model No. 02 in Appendix VIII of this Circular.

Article 25. Handling Organizations and Individuals Violating Construction Project Quality Management

1. When violations by organizations and individuals participating in construction activities are discovered, specialized agencies on construction at the appropriate level shall be responsible for:

a) To require organizations and individuals involved to rectify the violations;

b) If necessary, prepare a record and send it to the Construction Inspectorate for handling in accordance with the law on administrative penalties in construction activities. The Construction Inspectorate shall handle the violation in accordance with the law and notify the result of the handling to the specialized agency on construction.

c) Announce the name and violation behavior of organizations and individuals on the electronic information website of the specialized agency on construction.

d) Suspend construction of the construction project if a risk of safety loss or a risk of an incident affecting the safety of lives, adjacent structures, and the community is detected. The authority to suspend construction of the construction project is stipulated in Clause 2 of this Article.

2. Authority to suspend construction of the construction project:

a) Heads of specialized agencies on construction under the Ministry of Construction and sectoral construction management ministries have the right to suspend construction of the construction project.

Within 24 hours from the decision to suspend construction of the construction project, the head of the agency mentioned above shall be responsible for reporting to the Minister of Construction and the sectoral construction management ministry about their decision to suspend construction of the construction project.

b) Directors of Construction Departments and sectoral construction management departments have the right to suspend construction of the construction project in their jurisdiction.

Within 24 hours from the decision to suspend construction of the construction project, the head of the agency mentioned above shall be responsible for reporting to the Chairman of the Provincial People's Committee about their decision to suspend construction of the construction project.

c) The head of the agency authorized to suspend construction of the construction project as stipulated in Points a and b of this Clause shall be responsible for organizing inspections of the remediation efforts by the project owner and contractors involved in construction activities; deciding to allow resumption of construction in writing after the project owner and contractors submit reports on the remediation of deficiencies and ensuring the safety requirements of the project.

Article 26. Effectiveness

This Circular takes effect from December 15, 2016, and replaces Circular No. 03/2011/TT-BXD dated April 6, 2011, issued by the Minister of Construction guiding inspection, appraisal, and certification activities ensuring load-bearing safety conditions and quality compliance of construction projects; Circular No. 02/2012/TT-BXD dated June 12, 2012, issued by the Minister of Construction guiding certain aspects of maintenance of civil, industrial building material, and urban infrastructure technical construction projects; Circular No. 10/2013/TT-BXD dated July 25, 2013, issued by the Minister of Construction detailing certain aspects of construction project quality management; and Circular No. 09/2014/TT-BXD dated July 10, 2014, issued by the Minister of Construction amending and supplementing certain articles in the Circulars guiding Decree No. 15/2013/NĐ-CP dated February 6, 2013, of the Government on construction project quality management.

meeting the conditions to ensure load-bearing safety, certifying the quality compliance of construction works; Circular No. 02/2012/TT-BXD dated June 12, 2012, issued by the Minister of Construction guiding certain contents on maintenance of civil works, industrial building material works, and urban technical infrastructure works; Circular No. 10/2013/TT-BXD dated July 25, 2013, issued by the Minister of Construction detailing certain contents on construction quality management; Circular No. 09/2014/TT-BXD dated July 10, 2014, issued by the Minister of Construction amending and supplementing certain articles in the Circulars guiding Decree No. 15/2013/NĐ-CP dated February 6, 2013, of the Government on construction quality management.

2. In the course of implementation, if there are difficulties, organizations and individuals shall send their opinions to the Ministry of Construction for consideration and resolution./.