Circular No. 37/2024/TT-BGTVT stipulates criteria for supervising and accepting the results of maintenance of waterway inland transportation infrastructure assets based on quality implementation.

CIRCULAR

Regulations on criteria for monitoring and acceptance of results of maintenance of waterway infrastructure assets within inland waterways based on actual quality

______________________

Camendpursuant to the Law on Inland Waterway Transport dated June 15, 2004 and the Law Amending Certain Provisions of the Law on Inland Waterway Transport, amended and supplemented by Decree No. 109/2025/NĐ-CP and Decree No. 193/2025/NĐ-CPi, bdated June 17, 2014;detailed regulations on certain contentsregarding quality management,

Pursuant to Decree No. 45/2018/NĐ-CP dated March 13, 2018, issued by the Government, stipulating the management, use, and operation of infrastructure assets for inland waterway transport;

Decree No. 06/2021/NĐ-CP dated 26 the 01 Pursuant to Decree No. 32/2019/NĐ-CP dated April 10, 2019 of the Government on assigning tasks, procurement or tendering for the supply of products and services using state budget from regular operating expenses;21 of the Government stipulating construction works, and maintenance of construction projects;Decree No. 56/2022/NĐ-CP dated August 24, 2022 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Transport;

Pursuant toThe Minister of Transport issues this Circular prescribing criteria for monitoring and acceptance of results of maintenance of waterway infrastructure assets within inland waterways based on actual quality.Article 1. This Circular prescribes criteria for monitoring and acceptance of results of maintenance of waterway infrastructure assets within inland waterways based on actual quality for regular maintenance works.

At the proposal of the Director of the Infrastructure Department and the Director of the Vietnam Inland Waterway Administration;

Article 2. This Circular does not apply to periodic repair work, emergency repair work of waterway infrastructure assets within inland waterways.

Article 1. Scope of Regulation

This Circular applies to agencies, organizations, and individuals related to monitoring and acceptance of results of maintenance of waterway infrastructure assets within inland waterways based on actual quality.

Article 3. Criteria for monitoring and acceptance of results of maintenance of waterway infrastructure assets within inland waterways based on actual quality

Article 2. Applicability

Criteria for monitoring and acceptance of results of maintenance of waterway infrastructure assets within inland waterways based on actual quality are prescribed in Appendix 1 attached hereto.

Article 4. Monitoring results of maintenance of waterway infrastructure assets within inland waterways based on actual quality

1. The project owner or agency, organization authorized by the project owner to perform tasks or consulting supervision shall organize the monitoring of results of maintenance of waterway infrastructure assets within inland waterways based on actual quality.

2. Monitoring results of maintenance of waterway infrastructure assets within inland waterways based on actual quality shall be conducted regularly or urgently (hereinafter referred to as monitoring), including the following activities:

a) Internal inspection: checking record keeping, file tracking, reporting, archiving, and updating data in the books specified in Appendix 3 attached hereto and computer software (if any);

b) External inspection: visually inspecting the results of maintenance of waterway infrastructure assets within inland waterways at the site or inspecting the quality of maintenance results through images;

c) Evaluation of monitoring shall be carried out according to Appendix 2 attached hereto.

3. Monitoring results shall be conducted for each criterion of each item of work along the route or section of inland waterways as stipulated in the signed Contract and recorded in Form No. 6 of Appendix 3 attached hereto.

4. For existing issues at the site, upon completion of rectification, the contractor shall notify the agency or organization specified in Clause 1 of this Article to monitor and confirm the contractor's rectification results by way of a record.

5. Monitoring costs shall be established based on standard rates or sufficient cost components for monitoring services monthly, quarterly, and annually. Monitoring costs shall be approved by the project owner in the maintenance budget for waterway infrastructure assets within inland waterways as prescribed.

4. With respect to the deficiencies present at the site, upon completion of their rectification, the contractor shall notify the agency or organization specified in Clause 1 of this Article to supervise and confirm the results of the contractor's deficiency rectification through a minutes document.

5. The supervision costs are established based on standard rates or sufficient component expenses for supervision services on a monthly, quarterly, and completion basis. The supervision costs are approved by the project owner in the maintenance budget for inland waterway transportation infrastructure assets in accordance with the regulations.

Article 5. Acceptance of maintenance results for inland waterway transport infrastructure assets based on actual quality performance

1. The Project Owner or the agency or organization authorized by the Project Owner to carry out tasks shall be responsible for accepting the maintenance results for inland waterway transport infrastructure assets based on actual quality performance. In cases where consultancy supervision is hired, the Project Owner or the agency or organization authorized by the Project Owner to carry out tasks shall base acceptance on the supervision results provided by the consultancy supervisor.

2. Acceptance of maintenance results for inland waterway transport infrastructure assets based on actual quality performance shall be carried out for each work item of the route or section of the inland waterway according to the signed Contract and recorded in Form No. 7 of Appendix 3 issued together with this Circular.

3. Acceptance of maintenance results for inland waterway transport infrastructure assets based on actual quality performance shall be conducted monthly and quarterly, and completed acceptance shall be carried out according to the agreement in the signed Contract.

a) Evaluation during acceptance shall be conducted using a scoring method with a scale of 100 points (corresponding to 100%) for each work item as stipulated in Appendix 2 issued together with this Circular;

b) Monthly acceptance shall be based on regular and spot supervision results (if applicable);

c) Quarterly acceptance and final acceptance are the consolidation of monthly acceptance results.

Article 6. Payment of maintenance costs for inland waterway transport infrastructure assets based on actual quality performance

1. The Contractor shall be paid the cost corresponding to the percentage of achieved acceptance scores in the payment period. Additionally, during the Contract implementation period, the Contractor's achieved scores will be reduced in the following cases:

a) A deduction of 25% of the remaining score of the work item of the month being accepted when it is rated below 75% for the second time;

b) A deduction of 50% of the remaining score of the work item of the month being accepted when it is rated below 75% for the third time or below 50% for the second time.

2. Consideration to terminate the Contract and disqualification from participating in future bidding for management and maintenance of inland waterway transport infrastructure assets shall be made if a work item is rated below 75% for the fourth time or below 50% for the third time.

3. For site deficiencies identified during acceptance that the Contractor has not rectified within the time specified in Appendix 1 issued together with this Circular, the unrectified portion shall be added to the incomplete supervision and acceptance results of the immediately following month.

4. The value of the Contract for each work item on the route or section of the inland waterway shall be evenly divided among the months as the basis for payment and cost reduction.

Article 7. Transitional Provisions

Contracts for managing and maintaining inland waterway transport infrastructure assets based on actual quality performance that were signed before the effective date of this Circular shall continue to be implemented according to the provisions of Circular No. 08/2019/TT-BGTVT dated February 28, 2019, issued by the Minister of Transport regarding criteria for supervision and acceptance of maintenance results for inland waterway transport infrastructure assets based on actual quality performance until the end of the Contract.

Article 8. Implementation organization

1. This Circular takes effect from January 1, 2025, and replaces Circular No. 08/2019/TT-BGTVT dated February 28, 2019, issued by the Minister of Transport regarding criteria for supervision and acceptance of maintenance results for inland waterway transport infrastructure assets based on actual quality performance.

2. The Director of the Ministry’s Office, the Inspector General of the Ministry, Heads of Departments, Directors of the Vietnam Inland Waterways Administration, Heads of agencies, organizations, and individuals related to this Circular shall be responsible for its implementation./.