Circular No. 27/2009/TT-BXD guiding certain contents on construction project quality management

CIRCULAR

Guidelines on certain aspects of construction project quality management

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

Pursuant to Decree No. 12/2009/NĐ-CP dated February 12, 2009 of the Government on construction project management (hereinafter referred to as Decree No. 12/2009/NĐ-CP);

Pursuant to Decree No. 209/2004/NĐ-CP dated December 16, 2004 of the Government on construction project quality management (hereinafter referred to as Decree No. 209/2004/NĐ-CP);

Pursuant to Decree No. 49/2008/NĐ-CP dated April 18, 2008 of the Government amending and supplementing certain articles of Decree No. 209/2004/NĐ-CP dated December 16, 2004 of the Government on construction project quality management (hereinafter referred to as Decree No. 49/2008/NĐ-CP);

Pursuant to Decree No. 78/2007/NĐ-CP dated May 1, 2007 of the Government on investment under Build-Operate-Transfer contracts, Build-Transfer-Operate contracts, and Build-Transfer contracts (hereinafter referred to as Decree No. 78/2007/NĐ-CP),

The Ministry of Construction guides the implementation of certain aspects of construction project quality management as follows:

Chapter I.

RESPONSIBILITIES OF MINISTRIES AND PROVINCTION PEOPLE'S COMMITTEES FOR CONSTRUCTION PROJECT QUALITY MANAGEMENT AS PROVIDED IN ARTICLE 37 OF DECREE NO. 209/2004/NĐ-CP

Article 1. Responsibilities for unified State management over construction project quality of the Ministry of Construction

1. Issuing and guiding regulatory documents on construction project quality management.

2. Inspecting and urging ministries, sectors, and localities to perform their State management responsibilities over construction project quality; inspecting compliance with laws and regulations on construction project quality management by organizations and individuals when necessary; proposing and handling violations related to quality according to the law.

3. Guiding, organizing, or designating qualified consulting organizations to conduct quality inspections and accident investigations of construction projects upon request from localities, ministries, ministerial-level agencies, or at the request of the Prime Minister.

4. Summarizing and reporting annually to the Prime Minister on the quality and quality management of construction projects nationwide, and promptly when required.

The National Construction Quality Inspection Agency assists the Minister of Construction in performing these responsibilities.

Article 2. Responsibilities for construction project quality management of ministries and ministerial-level agencies

1. Ministries managing specialized construction projects including the Ministry of Industry and Trade, the Ministry of Agriculture and Rural Development, and the Ministry of Transport shall cooperate with the Ministry of Construction in managing the quality of specialized construction projects nationwide.

2. Ministries and ministerial-level agencies acting as investment decision-makers shall proactively inspect and coordinate with provincial People's Committees to inspect compliance with laws and regulations on construction project quality management for projects they manage within their respective provinces.

3. Annually summarizing and reporting to the Ministry of Construction on the quality and quality management of construction projects managed by ministries and ministerial-level agencies before June 15 (for mid-year reports) and before December 15 (for annual reports) using the form provided in Appendix 1 of this Circular.

Article 3. Responsibilities of the Provincial People's Committee for State Management of Construction Project Quality within Their Administrative Areas

1. Guide the implementation of legal documents on construction project quality management within their administrative areas.

2. Guide and inspect the work of state management of construction project quality by departments, district and commune people's committees. Inspect compliance with legal regulations on construction project quality management by organizations and individuals when necessary; handle violations regarding quality according to the provisions of the law.

3. Guide, organize or designate consulting organizations with sufficient capacity to conduct quality inspections and accident investigations of construction projects within their administrative areas.

4. Summarize and report annually to the Ministry of Construction on the situation of quality and quality management of construction projects within their administrative area before June 15 (for mid-year reports), before December 15 (for annual reports), and submit ad hoc reports when required according to the model at Appendix 2 of this Circular.

5. Assign and classify responsibilities for state management of construction project quality to departments, district and commune people's committees according to the guidelines set out in Joint Circular No. 20/2008/TTLT-BXD-BNV dated December 16, 2008, issued by the Ministry of Construction and the Ministry of Home Affairs, titled "Guidelines on Functions, Tasks, Authorities and Organizational Structure of Specialized Agencies under Provincial and District People's Committees and the Tasks and Authorities of Commune People's Committees in State Management Fields Under the Construction Sector."

Chapter II.

TASKS AND AUTHORITIES OF THE PROJECT INVESTOR IN CONSTRUCTION PROJECT QUALITY MANAGEMENT

Article 4. Tasks and authorities of the investor in cases where they directly manage or hire consultants to manage the project

The investor has the responsibility to comprehensively manage the quality of construction projects from the project preparation phase through implementation to acceptance and handover for operation, ensuring quality, effectiveness, and compliance with the Construction Law, Decree No. 209/2004/NĐ-CP, Decree No. 49/2008/NĐ-CP, and Decree No. 12/2009/NĐ-CP, including:

1. Select organizations and individuals with sufficient capacity as stipulated in Chapter IV of Decree No. 12/2009/NĐ-CP and related legal regulations to conduct construction surveys, prepare investment project plans, economic and technical reports, design construction projects, construct construction projects, supervise construction, test, inspect construction quality, and other consultancy works. Encourage investors to select organizations and individuals with outstanding achievements in designing, constructing, and managing construction projects and manufacturing high-quality construction products.

Investors may undertake the aforementioned tasks themselves if they have sufficient capacity as stipulated in Decree No. 12/2009/NĐ-CP and related legal regulations.

2. Manage the quality of construction surveys and design construction projects, including:

a) Approve survey tasks and technical survey schemes, including supplementary survey tasks as provided for in Articles 6, 7, and 9 of Decree No. 209/2004/NĐ-CP;

b) Supervise and accept construction survey work as prescribed in Article 11 of Decree No. 209/2004/NĐ-CP;

c) Accept survey results reports as prescribed in Article 12 of Decree No. 209/2004/NĐ-CP and Clause 2 of Article 1 of Decree No. 49/2008/NĐ-CP.

d) Either prepare or hire organizations and individuals with sufficient capacity to prepare design tasks for construction projects that require investment project plans and economic and technical construction reports as stipulated in Point b, Clause 2 of Article 57 of the Construction Law.

đ) Organize reviews and approvals of technical designs and construction drawings as prescribed in Article 18 of Decree No. 12/2009/NĐ-CP.

e) Accept construction design documentation as prescribed in Article 16 of Decree No. 209/2004/NĐ-CP and Clause 3 of Article 1 of Decree No. 49/2008/NĐ-CP.

3. Manage the quality of construction project execution

a) Organize construction supervision as prescribed in Article 21 of Decree No. 209/2004/NĐ-CP.

b) Implement regulations on certification of safety conditions for fire prevention and explosion control; environmental safety; safe operation and use of construction projects as prescribed by competent state agencies, certify structural safety conditions for project components or construction projects in case of accidents that could cause disasters, and certify compliance with construction project quality requirements when requested.

c) Organize acceptance of construction projects as prescribed in Articles 23, 24, 25, and 26 of Decree No. 209/2004/NĐ-CP.

4. Require contractors to perform warranty obligations for construction projects and fulfill their responsibilities as prescribed in Articles 29 and 30 of Decree No. 209/2004/NĐ-CP.

5. Archive completed project documentation as prescribed in Clause 3 of Article 18 of this Circular and send design and completion drawings for national archiving according to current regulations.

6. Report to the construction management authority at the local level on the quality situation and quality management work of construction projects regularly before June 15 (for mid-year reports) and before December 15 (for annual reports) each year, submit ad hoc reports when required according to the model at Appendix 3 of this Circular; report construction project accidents as prescribed in Point a, Clause 1 of Article 35 of Decree No. 209/2004/NĐ-CP.

7. The investor may delegate to the project management board (in cases where they directly manage the project) or project management consultants (in cases where they hire consultants to manage the project) to carry out one, several, or all of the tasks from Clause 1 to Clause 6 of this Article.

In cases where delegation is made to the project management board, the investor is responsible for directing, inspecting, and bearing responsibility for the results of the project management board's work. The project management board is responsible to the investor and the law according to the tasks and authorities delegated by the investor.

In the case of hiring project management consultancy services, the investor is responsible for inspecting, urging, and monitoring the implementation of the contract by the project management consultancy. The project management consultancy is liable to the investor and the law for fulfilling the commitments in the contract.

Article 5. Duties and authorities of the investor in the case of applying the turnkey form for project investment planning, design, provision of technological equipment, and construction works.

In this case, the investor does not directly manage the implementation of the project investment but must perform the following tasks:

1. Approving the design assignment prepared by the contractor.

2. Checking the capacity conditions of the contractor against the tender documents.

3. Approving the construction progress schedule of the work and the acceptance completion date of the construction work.

4. Receiving the completion documents of the work, organizing quality inspection of the construction work if necessary as a basis for accepting the completion of the construction work.

5. Performing other tasks when necessary to check the quality of the work but such tasks must be recorded in the construction contract with the contractor.

6. Accepting the completion of the work according to Article 26 of Decree 209/2004/NĐ-CP.

7. Requesting the contractor to self-manage the quality of survey, design, and construction work outside the tasks already performed by the investor as stipulated from Clause 1 to Clause 6 of this Article.

Article 6. Duties of the investor in the case of applying Build-Operate-Transfer (BOT) contracts, Build-Transfer-Operate (BTO) contracts, and Build-Transfer (BT) contracts.

1. The project enterprise (Investor) shall undertake all the duties of the investor in managing the quality of the project as prescribed in Articles 4 and 5 of this Circular.

2. The competent state agency shall have the following duties:

a) Supervising and inspecting technical designs prepared by the project enterprise in accordance with current regulations;

b) Organizing the appraisal of the quality of the work to determine any damages (if any) and requesting the project enterprise to carry out repairs and maintenance of the work in accordance with the provisions.

c) Only accepting transfer when the work and related equipment and assets for operation have been maintained and repaired as agreed in the Project Contract.

d) Cooperating with the Investor to prepare handover documents as a legal basis for transferring the work.

3. The duties of the project enterprise and the competent state agency in managing the quality of construction works must be clearly defined in the Project Contract signed between the competent state management agency and the Investor.

Chapter III.

GUIDANCE ON SOME CONTENTS REGARDING THE MANAGEMENT OF QUALITY IN SURVEY AND CONSTRUCTION WORKS, DESIGN AND CONSTRUCTION OF WORKS, CONSTRUCTION OF WORKS, RESOLUTION OF QUALITY DISPUTES IN CONSTRUCTION WORKS, AND INCIDENTS IN CONSTRUCTION WORKS

Article 7. Supervision of construction surveys as prescribed in Article 11 of Decree 209/2004/NĐ-CP

1. The investor assigns persons with appropriate expertise in the type of construction survey work to supervise the construction survey work. If there is no person with appropriate expertise, the investor hires organizations or individuals with appropriate expertise to perform the supervision.

2. The cost of supervising construction surveys is included in the total investment amount and the construction work budget estimate.

Article 8. Design tasks for construction projects as stipulated in Point a, Clause 1, Article 13 and Article 14 of Decree No. 209/2004/NĐ-CP.

1. The project investor shall be responsible for establishing or hiring consultants to establish design tasks for construction projects. The design task must be consistent with the investment policy that has been approved by the competent authority.

The design task approved by the project investor serves as the basis for consulting contractors to establish investment project design tasks for construction projects. Before approval, the project investor may invite organizations or experts to provide comments or review the design task if deemed necessary.

2. The design task must clearly state the following basic contents: objectives of constructing the project; bases for establishing the design task; location of construction; requirements regarding planning, landscape, and architecture for the construction site; scale of the project; requirements regarding functionality, architecture, aesthetics, and technical aspects of the project.

3. At each design stage, the design task may be supplemented appropriately based on actual conditions to ensure effectiveness for the construction project investment.

In cases where supplementing the design task leads to changes in the basic design, resulting in changes to the location, planning, scale, objectives of the project, or exceeding the approved total investment amount, the project investor must report to the investment decision-maker for a decision.

Article 9. Review and approval of construction project design as stipulated in Article 18 of Decree No. 12/2009/NĐ-CP.

1. The project investor shall organize the review and approval of technical design and construction drawing design according to Article 18 of Decree No. 12/2009/NĐ-CP.

Technical design must be stamped by the project investor with the approval seal according to Appendix 4 of this Circular on the drawings serving as the basis for proceeding to the construction drawing design stage.

2. Construction drawing design must be confirmed by the signature and stamped with the approval seal according to Appendix 5 by the project investor or their authorized representative on each sheet of drawings before being put out for construction.

3. The project investor may hire consultants to review technical design and construction drawing design (including in the case of three-step design) part or all of the review contents specified in Clause 1, Article 18 of Decree No. 12/2009/NĐ-CP as a basis for review and approval. The results of the review must be documented in writing and do not replace the project investor's review.

Article 10. Adjustment of design as stipulated in Point b, Clause 1, Article 17 of Decree No. 209/2004/NĐ-CP.

1. During the construction process of the project, the project investor has the right to adjust the design when discovering unreasonable factors that will affect the quality of the project, construction progress, construction methods, and the investment efficiency of the project.

2. The design contractor has the obligation to modify, supplement, or change unreasonable designs if caused by their own fault and has the right to refuse unreasonable design adjustment requests from the construction project investor. The project investor has the right to hire another design contractor to carry out modifications, supplements, or changes to the design if the original design contractor does not perform these tasks. The design contractor implementing modifications, supplements, or changes to the design must bear responsibility for the quality of these modifications, supplements, or changes.

3. In cases where design adjustments do not result in changes to the location, construction planning, objectives, scale, or exceed the approved total investment amount of the project, the project investor has the right to make design adjustments independently. The contents of the design adjustments must be reviewed and re-approved.

Article 11. Supervision of the design author shall be carried out in accordance with the provisions of Article 22 of Decree No. 209/2004/NĐ-CP.

1. The construction contractor shall supervise the design author in accordance with the following:

During the construction process, for cases involving three-stage design, the construction contractor shall prepare technical design drawings, while for single-stage or two-stage designs, the construction contractor shall prepare construction drawing designs. The construction contractor must agree with the project owner on circumstances under which supervision of the design author will cease, as stipulated in the construction project design contract.

The construction contractor shall appoint competent personnel to supervise the design author during the construction process according to either irregular or regular supervision regimes, as requested by the project owner.

2. The content of supervising the design author must be included in the construction project design contract, including the following tasks:

a) To explain and clarify design documents upon request from the project owner, the construction contractor, or the construction supervision contractor.

b) To cooperate with the project owner when required to resolve issues and discrepancies related to design during construction, adjusting the design to match actual construction conditions and the project owner's requirements when necessary.

c) To promptly notify the project owner or the competent state authority about construction activities that deviate from approved designs and to recommend appropriate measures.

d) To participate in the acceptance of construction work, parts of the project, construction phases, project components, and the entire project at the request of the project owner.

đ) To record observations in the construction project's daily log or the project owner's supervision log, or to document opinions during the supervision of the design author in writing.

Article 12. Quality management system at the construction site of the construction contractor shall be implemented in accordance with point a, Clause 1, Article 19 of Decree No. 209/2004/NĐ-CP.

1. The quality management system of the construction contractor must be presented and explained in the bidding documents and must be notified to the project owner before commencement of construction.

2. The explanatory materials for the quality management system must clearly include the following contents:

a) An organizational chart of the units and individuals within the construction contractor responsible for quality management, suitable to the requirements, nature, and scale of each construction site; the rights and obligations of these units and individuals in managing the quality of the project.

b) Plans and methods for controlling and ensuring the quality of the project, including:

- Controlling and ensuring the quality of materials, components, construction products, equipment, and technology used and installed in the project.

- Controlling and ensuring the quality and safety of construction work.

- Forms of internal supervision and quality management, and organization of internal acceptance.

- Plans for organizing tests and quality inspections; monitoring and measuring technical parameters of the project according to design requirements.

c) Procedures for preparing and managing relevant documents and files during construction and acceptance; formats and contents of construction project daily logs; procedures and formats for internal reports, reports to the project owner; issuance and handling of notifications, recommendations, and complaints from the construction contractor to the project owner and other related parties.

Article 13. The internal acceptance of the construction contractor shall be carried out in accordance with the provisions at point e, Clause 1, Article 19 of Decree No. 209/2004/ND-CP.

Before requesting the project owner to conduct acceptance, the construction contractor must self-inspect and affirm the compliance of the quality of the construction works it has undertaken with the design requirements and technical instructions attached to the construction contract. Depending on the characteristics and scale of each construction project, the results of the internal acceptance may be reflected in an acceptance record between the person directly responsible for construction and the construction supervision personnel of the construction contractor, or may be reflected in a commitment regarding the quality compliance of the construction contractor directly included in the request form submitted to the project owner for acceptance.

Article 14. Quality inspection and supervision of materials, components, construction products, and equipment installed in projects shall be carried out in accordance with the provisions at point b, Clause 1, Article 19 and point c, Clause 1, Article 21 of Decree No. 209/2004/ND-CP.

1. Materials, components, equipment, technological equipment (collectively referred to as products) before being put into use or installation in construction projects must be inspected by the project owner to ensure their compliance with quality requirements according to applicable technical standards and design requirements. The confirmation of quality compliance must be documented in writing.

2. The forms of inspection for quality compliance are stipulated as follows:

a) For products manufactured industrially and already available on the market:

- The project owner shall inspect the origin, labels, and product quality declarations issued by the manufacturer, and certify quality compliance in accordance with the Law on Product Quality, the Trade Law, and other relevant laws.

- The project owner may conduct inspections or require the contractor to inspect the production facilities; test and inspect product quality when there is suspicion or as required by the design, technical standards, and regulations applicable to the project.

b) For products manufactured and assembled for the first time for use in projects according to design requirements:

- In cases where products are produced and assembled in industrial production facilities: the project owner shall inspect quality as prescribed in point a of this clause combined with periodic or spot inspections during production.

- In cases where products are produced and assembled directly on-site: the project owner shall organize quality supervision in accordance with Article 21 of Decree No. 209/2004/ND-CP.

c) For newly exploited construction material deposits: the project owner shall organize or require the contractor to organize surveys to investigate deposit quality according to design requirements, technical standards, and related regulations. Periodic and spot inspections during exploitation; testing and inspecting material quality according to design requirements, technical standards, and regulations applicable to the project.

Article 15. Construction project construction diaries as prescribed in point d, Clause 1, Article 19, point d, Clause 1, Article 21, and Clause 2, Article 22 of Decree No. 209/2004/ND-CP.

1. Construction project construction diaries are used to describe the situation of work and record information exchanged between the project owner, the construction contractor, the design contractor, and other related parties. The construction contractor is responsible for establishing a construction diary. This book must be numbered, stamped by the construction contractor, and confirmed by the project owner. The construction diary can be established for individual project components or the entire construction project. Recording of information exchanges must be done regularly.

2. The contents recorded include:

a) List of technical staff from the parties directly involved in the construction project (positions and responsibilities of each person): construction, construction supervision, author supervision.

b) Daily progress of construction activities on site; detailed description of incidents, damages, and violations and discrepancies occurring during construction on site.

c) Suggestions and directives from related parties to resolve emerging issues.

Article 16. As-built drawings as prescribed in point d, Clause 1, Article 21 and Article 27 of Decree 209/2004/NĐ-CP

1. The construction contractor shall be responsible for preparing as-built drawings of parts, items, and construction projects they undertake based on approved construction drawings to serve as the basis for acceptance. Parts of the project that are hidden must be accepted and as-built drawings prepared before proceeding with subsequent work.

2. The method of preparation and confirmation of as-built drawings is guided in Appendix 6 of this Circular.

Article 17. Acceptance and handover of construction project items and construction projects put into use as stipulated between the investor and the management and user entities of the project

1. In cases where the investor is not the management or user entity of the project, when accepting the completion of project items or construction projects for use, the investor may invite the management and user entities to witness the acceptance if requested.

2. The investor shall be responsible for handing over the project to the management and user entities after organizing the acceptance of the completed project. The results of the handover must be recorded in a protocol.

When handing over, the investor must provide the management and user entities with the following documents:

a) Design documents, as-built drawings, and other relevant materials related to operation, warranty, maintenance, and other documents in the project completion file as required by the management and user entities;

b) List of spare parts, materials not yet installed or used.

3. In cases where the handover of the project applies to Build-Operate-Transfer (BOT), Build-Transfer-Operate (BTO), or Build-Transfer (BT) contracts, the competent state agency and the investor must consider whether the conditions for transfer specified in the Project Contract and Article 32 of Decree 78/2007/NĐ-CP are met.

Article 18. Completion files of project items and construction projects (hereinafter referred to as completion files of construction projects)

1. The completion files of construction projects include documents related to investment and construction of the project from the investment proposal; investment project plan or economic-technical report on construction (in cases where only an economic-technical report on construction needs to be prepared); construction survey; design of construction projects; construction of construction projects; acceptance of construction works, parts, phases, items, and construction projects.

The list and format of completion files of construction projects are guided in Appendix 7 of this Circular.

The investor is responsible for organizing the preparation of completion files of construction projects. The number of completion files of construction projects is decided by the investor based on agreements with contractors and related parties.

2. Completion files of construction projects must be fully prepared before putting project items or construction projects into operation. These files can be compiled once for the entire investment project if all projects (items) within the project are put into operation at the same time. If projects (items) within the project are put into operation at different times, separate completion files for each project (item) should be compiled.

3. The investor is responsible for archiving design documents, as-built drawings, and archiving completion files of construction projects according to regulations. Specifically, design documents, as-built drawings, and materials related to operation, exploitation, maintenance, upgrading, renovation, and repair of the project in the future must be archived throughout the life of the project or permanently as regulated. In cases where the management and user entities of the project are not the investors, the management and user entities are responsible for archiving the above documents according to regulations.

4. Contractors are responsible for archiving documents related to their tasks with a minimum retention period of ten years.

Article 19. Specialized construction experiments, quality inspection and assessment of construction works, certification of sufficient conditions to ensure load-bearing safety of construction works, and certification of compliance with the quality standards of construction works

1. Specialized construction experiments

Specialized construction experiments are technical operations aimed at determining one or more characteristics of construction products, parts of construction works, or construction works according to a specified procedure.

The fields of specialized construction experiments include: construction soil testing, construction water testing; construction material testing, construction component and product testing; construction structure testing, and other testing fields.

2. Quality inspection of construction works

Quality inspection of construction works is an activity of checking, determining, or evaluating the quality of construction products, parts of construction works, or construction works against design requirements and applicable technical regulations and standards. Quality inspection of construction works is carried out through monitoring combined with evaluation of measurement results and testing (which may or may not involve testing).

The fields of quality inspection of construction works include: construction soil quality inspection; construction water quality inspection; construction material, product, and component quality inspection; construction work structure quality inspection; construction work quality inspection, and other inspection fields.

3. Quality assessment of construction works

Quality assessment of construction works is an organized quality inspection activity conducted by state management agencies with authority or upon their request.

4. Certification of sufficient conditions to ensure load-bearing safety

Certification of sufficient conditions to ensure load-bearing safety involves inspecting and confirming that construction survey, design, and construction activities comply with legal provisions on quality management, meeting the load-bearing safety requirements of the construction work or project.

Certification of sufficient conditions to ensure load-bearing safety must be carried out for construction works or projects when incidents occur due to loss of load-bearing capacity that could cause disasters to people, property, and the environment before putting the works into use. Certification of sufficient conditions to ensure load-bearing safety shall be conducted in accordance with regulations.

5. Certification of compliance with quality standards of construction works

Certification of compliance with quality standards of construction works involves assessing and confirming that construction works or components thereof designed and constructed meet technical regulations and standards and other applicable technical requirements. Certification of compliance with quality standards of construction works can only be conducted upon request from state management agencies on construction or based on requests from investors or owners based on requirements from construction insurance organizations, organizations, and individuals purchasing, managing, or using the works. Certification of compliance with quality standards of construction works shall be carried out in accordance with regulations.

6. Specialized construction experiments, quality inspection and assessment of construction works, certification of sufficient conditions to ensure load-bearing safety of construction works, and certification of compliance with quality standards of construction works (collectively referred to as quality compliance assessment of construction works) are construction activities requiring qualification conditions stipulated in Clause 2, Article 36 of Decree 12/2009/NĐ-CP. Organizations and individuals conducting quality compliance assessment of construction works must ensure they have the required qualifications and must register on the information system of the Ministry of Construction regarding their qualifications and activities across the country, including foreign contractors operating in Vietnam.

6. Specialized construction experiments, quality testing and certification of construction works, certification of sufficient load-bearing safety conditions for construction works, and certification of compliance with construction quality standards (collectively referred to as quality assessment of construction works) are construction activities that require qualification conditions as stipulated in Clause 2, Article 36 of Decree No. 12/2009/NĐ-CP. Organizations and individuals conducting quality assessment of construction works must ensure they meet the prescribed qualification conditions and must register on the information system of the Ministry of Construction regarding their qualifications and activities in the nationwide scope, including foreign contractors operating construction works in Vietnam.

Article 20. Resolution of Disputes Regarding the Quality of Construction Works

1. Disputes regarding the quality of construction works occur when there are differing opinions on the quality of products, parts of the works, and the overall construction works.

Disputes about quality may arise between the subjects involved in constructing the works and between these subjects and the owners, managers, users of adjacent construction works, and other related parties.

2. Procedure for Resolving Disputes Regarding Quality

The resolution of disputes regarding quality shall be carried out in the following steps:

a) Self-negotiation among the disputing parties.

b) Hiring organizations or individuals with sufficient qualifications as prescribed to conduct quality inspections of construction works.

c) Requesting state management agencies responsible for construction, according to their level of authority, to evaluate and conclude on the quality, or requesting these agencies to organize quality appraisals of construction works.

d) Initiating litigation and resolving disputes through the courts. Procedures shall be conducted in accordance with relevant laws.

Article 21. Classification of Construction Accidents, Reporting Procedures, and Appraisal to Determine the Cause of Accidents

1. Construction accidents are classified based on the degree of damage to the works as follows:

a) Class I accident includes one of the following damages:

- Special grade construction damage affecting the safety of the works but not causing collapse or fall of the construction works.

- Complete collapse or fall of Grade I and II constructions or parts of special grade constructions without causing human casualties.

- Collapse or fall of a part of the construction or construction works at all grades causing human casualties from three people or more.

b) Class II accident includes one of the following damages:

- Grade I and II construction damage affecting the safety of the works but not causing collapse or fall of the construction.

- Complete collapse or fall of Grade III and IV constructions or a part of Grade I and II constructions without causing human casualties.

- Partial collapse or fall of a construction or construction works at all grades (except special grade constructions) causing human casualties from one to two people.

c) Class III accident includes one of the following damages:

- Grade III and IV construction damage affecting the safety of the works but not causing collapse or fall of the construction.

- Partial collapse or fall of a construction or Grade III and IV constructions without causing human casualties.

2. Reporting and Appraisal Procedures to Determine the Cause of Construction Accidents:

a) The project owner shall prepare a report on the accident occurring during the construction of the works, or the owner or manager/user shall prepare a report on the accident occurring during the operation of the works, in accordance with Article 35 of Decree 209/2004/NĐ-CP, and send it to the following state management agencies:

- Provincial People's Committee for Class III accidents;

- Provincial People's Committee and Ministry of Construction for Class I and II accidents;

b) State management agencies shall be responsible for guiding or organizing appraisals to determine the cause of the accident, depending on the level of the accident as follows:

- Provincial People's Committee or authorized agency for all levels of accidents;

- Ministry of Construction or authorized agency for Class I and II accidents when requested by the Prime Minister or proposed by the Provincial People's Committee. Relevant ministries managing specialized construction works shall cooperate with the Ministry of Construction to carry out this task.

Chapter IV.

IMPLEMENTING PROVISIONS

Article 22. Effectiveness

1. This Circular takes effect from September 15, 2009, and replaces the content on the management of the quality of construction works stipulated in Circular No. 12/2005/TT-BXD dated July 15, 2005, "Guidelines on Some Aspects of Construction Work Quality Management and Qualification Conditions for Organizations and Individuals in Construction Activities," and Appendix No. 01 attached to Circular No. 02/2006/TT-BXD dated May 17, 2006, "Guidelines on the Storage of Design Documents and Completion Drawings of Construction Works."

2. During implementation, if there are any difficulties, organizations and individuals shall submit their comments to the Ministry of Construction for consideration and resolution.