Circular No. 39/2009/TT-BXD guiding the management of construction quality for individual houses

CIRCULAR

Guidelines on the Management of Quality for Individual Housing Construction

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

Pursuant to the Housing Law No. 56/2005/QH11 dated November 29, 2005;

Pursuant to the Law Amending and Supplementing Certain Provisions Related to Investment in Construction Projects No. 38/2009/QH12 dated June 19, 2009;

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

Pursuant to Decree No. 209/2004/NĐ-CP dated December 1, 2004 of the Government on Quality Management of Construction Works and Decree No. 49/2008/NĐ-CP dated April 18, 2008 of the Government amending and supplementing certain provisions of Decree No. 209/2004/NĐ-CP dated December 16, 2004 of the Government on Quality Management of Construction Works;

Pursuant to Decree No. 12/2009/NĐ-CP dated February 12, 2009 of the Government on Project Management for Investment in Construction Works (hereinafter referred to as Decree No. 12/2009/NĐ-CP) and Decree No. 83/2009/NĐ-CP dated October 15, 2009 of the Government amending certain provisions of Decree No. 12/2009/NĐ-CP dated February 12, 2009 of the Government on Project Management for Investment in Construction Works,

The Ministry of Construction hereby issues guidelines on the management of quality for individual housing construction as follows:

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

These Circulars provide guidance on the management of quality for individual housing construction within the territory of Vietnam.

The construction of individual housing on plots of land in housing projects must also comply with the provisions of these Circulars.

Article 2. Applicability

These Circulars apply to households and individuals (hereinafter referred to as

homeowners) when constructing individual housing, project developers constructing individual housing on plots of land in projects (hereinafter referred to as project developers), and organizations and individuals participating in the construction of individual housing within the scope regulated under Article 1 of these Circulars.

Article 3. Explanation of Terms

In this Circular, the following terms are understood as follows:

1. Individual house (hereinafter referred to as housing) is a construction work built within the residential land area, under the lawful use rights of households and individuals as stipulated by law, including cases where it is constructed on plots of land in housing projects.

2. 2. For housing seven stories or more, the survey must be conducted by a qualified survey organization as prescribed. is a construction work adjacent to the housing being constructed but sharing or not sharing structural components (foundation, column, wall, floor, roof...) with the housing being constructed.

3. Adjacent construction project are construction works located near the site of housing construction that may be subsided, deformed, or suffer other damages caused by the construction of housing.

Article 4. General Principles for Individual Housing Construction

The construction of housing shall be carried out according to the following principles:

1. There must be design drawings.

2. The design of housing must be based on the inspection of land boundaries and the quality of the ground at the proposed construction site or a report on the results of construction surveys, if available; the results of examining and inspecting the current state of adjacent and nearby structures; must comply with technical standards for construction, technical standards, and other relevant legal regulations; must ensure safety for housing and not adversely affect adjacent and nearby structures.

3. A construction permit must be obtained in accordance with the law before commencement of construction, except for housing in remote areas, not within urban areas, and not within concentrated rural settlements without approved planning. The procedures, formalities, and application documents for obtaining a construction permit for housing are posted at the issuing authority.

When there is a need to adjust the construction design of housing differently from the contents of the issued construction permit regarding: location of the construction work, elevation of the construction work foundation; red line boundaries, construction boundaries; construction area; total floor area; height of the structure; number of floors and other contents recorded in the construction permit, the homeowner must request an adjustment of the construction permit before commencing construction of housing according to the adjusted content. Other changes do not require an adjustment of the issued construction permit.

4. The construction of housing must ensure the quality of the work, labor safety, and environmental protection; comply with the provisions in the construction permit; not adversely affect adjacent and nearby structures.

Encouragement is given to homeowners to implement construction supervision for housing.

5. Organizations and individuals undertaking construction surveys, designs, and construction of housing must have the appropriate capacity in accordance with the provisions of these Circulars and must bear responsibility before the homeowner and the law for the quality of the work they undertake. In cases where the homeowner has sufficient capacity, they can undertake the above tasks themselves.

6. Homeowners may entrust each contractor to perform specific tasks or entrust a general contractor to perform all tasks or undertake them on a turnkey basis. Agreements between homeowners and contractors must be established through written construction contracts, particularly for survey contractors, design contractors, and construction contractors.

7. Depending on the task, the construction contract may include all or part of the following basic contents:

a) Information about the parties signing the contract and other information: trade name of the party signing the contract; representatives of the parties; business registration address or transaction address; tax code; business registration certificate; bank account number; telephone, fax, email; date of signing the contract and related information.

b) Content and volume of work.

c) Quality and other technical requirements of the work.

d) Progress and completion deadlines for the work.

đ) Contract price; advance payment; payment; adjustment of contract price.

e) Rights, obligations, and responsibilities of the homeowner and the contractor in managing the quality of construction works, acceptance of completed works; warranty of the works; environmental protection, labor safety, and fire prevention; electricity, water, and site security; handling of errors.

g) Suspension and termination of the contract by the homeowner and the contractor.

h) Rewards and penalties for breach of contract.

i) Resolution of risks and force majeure; resolution of disputes over construction contracts.

k) Other agreements.

l) Settlement and liquidation of construction contracts.

Homeowners may refer to model construction survey contracts, design contracts, construction contracts, and construction supervision contracts published on the Ministry of Construction's website (www.xaydung.gov.vn) or posted at the construction permit issuing authority.

The owner may refer to the templates of construction survey contracts, construction design contracts for works, construction works implementation contracts, and construction works supervision contracts published on the Ministry of Construction's electronic information website (www.xaydung.gov.vn) or posted at the agency issuing the Construction Permit.

8. Disputes between homeowners and contractors involved in constructing residential buildings regarding quality, progress, and cost must be resolved based on the construction contract and in accordance with the procedures stipulated in this Circular. Any disputes arising between homeowners, contractors, and management authorities or adjacent projects must be resolved according to the procedures outlined in this Circular and relevant laws.

9. The residential building dossier must be established and stored in accordance with Article 14 of this Circular.

Article 5. Responsibilities of homeowners, project sponsors, and organizations or individuals conducting construction surveys, design, construction, and construction supervision for residential buildings.

1. Homeowners or project sponsors have rights and obligations as prescribed in Articles 50, 57, 75, 76, and 88 of the Construction Law and the provisions of this Circular.

2. Individuals or organizations conducting construction surveys, design, and construction supervision have rights and obligations as prescribed in Articles 51, 58, 76, 77, and 89 of the Construction Law and the provisions of this Circular.

Individuals or organizations conducting construction surveys, design, and construction supervision are responsible under the law and to homeowners and project sponsors for the contents committed in the contract, including quantity, quality, time of execution, accuracy of products, quality and safety of consulting products; they must compensate for damages caused by errors in their consulting work.

3. During the construction process, homeowners or their authorized representatives may agree with construction contractors on responsibilities for managing the quality of residential buildings, labor safety, and environmental hygiene as specified in Clause 2 of Article 12 of this Circular.

Chapter II

GUIDELINES FOR BOUNDARY CHECKS OF LAND AND QUALITY OF THE GROUND WHERE RESIDENTIAL BUILDINGS ARE PLANNED TO BE BUILT AND DESIGN OF RESIDENTIAL BUILDINGS

Article 6. Boundary checks of land where residential buildings are planned to be built

1. When constructing residential buildings in urban areas, concentrated residential areas, and rural residential areas, homeowners need to check the boundaries of the land, structures determined in land ownership documents, shared water supply and drainage pipes to avoid disputes

over land boundaries and ownership of structures.

2. Boundary checks shall be carried out using one of the following methods:

a) Measuring with a tape measure.

b) Measuring with various types of surveying instruments.

c) Referring to cadastral maps of land parcels provided by competent authorities.

If there are discrepancies between the land layout diagram attached to the land ownership documents and the actual land boundaries at the time of building the residential building, homeowners need to organize measurements, create a land boundary map at a scale of 1/200 with coordinates as prescribed, and notify adjacent households.

3. For residential building projects, project sponsors must conduct measurements, create maps, and hand over markers and land boundaries to homeowners.

Article 7. Quality checks of the ground where residential buildings are planned to be built

Depending on the scale of the residential building, quality checks of the ground where residential buildings are planned to be built shall be conducted according to the following regulations to provide a basis for designing foundations:

1. For residential buildings with a total floor area of 250 square meters or less and up to two floors, homeowners may conduct these checks themselves or hire organizations or individuals who design residential buildings to perform quality checks of the ground where residential buildings are planned to be built using one of the following methods:

a) Direct visual inspection through manually dug pits to determine the thickness and quality of soil layers and identify the layer intended for laying the foundation.

b) Referencing geological survey data and foundation treatment solutions of nearby structures.

c) Referencing geological data from the construction site provided by competent authorities.

In cases where there is no information as mentioned above or the collected construction survey data has low reliability, homeowners should hire construction survey contractors with adequate qualifications to conduct construction surveys.

2. For residential buildings with a total floor area greater than 250 square meters and three or more floors, homeowners must hire construction survey contractors with adequate qualifications as prescribed in Articles 46 and 54 of Decree 12/2009/NĐ-CP to conduct construction surveys, except when reliable construction survey data is available from competent authorities.

3. Project sponsors of residential building projects must hire construction survey contractors with adequate qualifications as prescribed in Articles 46 and 54 of Decree 12/2009/NĐ-CP to conduct geological surveys.

Article 8. Inspection of the condition of adjacent structures and nearby structures when constructing residential buildings in urban areas, concentrated rural settlements, and rural settlements.

1. To ensure safety for adjacent structures as well as to serve as a basis for resolving disputes that may arise between the homeowner and the owners of these structures, before demolishing old structures or commencing construction of residential buildings, the homeowner must proactively coordinate with the owners of adjacent structures to inspect the current condition of such structures. The homeowner can conduct this inspection themselves or hire organizations or individuals with appropriate capacity to perform it.

2. The content of the inspection of the condition of adjacent structures includes the settlement, tilting, cracking, leakage, and other abnormal conditions of the adjacent structures. The results of the inspection shall be documented in writing or through photographs or videos. When necessary, measurements and markings of defects on the surface of the structure shall be conducted to provide a basis for monitoring.

3. When anticipating that nearby structures may be damaged due to the construction of residential buildings, the homeowner must proactively inspect the condition of these nearby structures as specified in Clause 2 of this Article.

4. The homeowner may agree with the owners of adjacent and nearby structures to have them inspect the condition of their own structures.

5. The results of the inspection must be agreed upon by the homeowner and the owners of adjacent structures in the presence of representatives of the People's Committee at the commune level or neighborhood representatives when necessary.

6. In cases where the owners of adjacent and nearby structures refuse to allow inspections of their structures, the homeowner must report to the People's Committee at the commune level or neighborhood representatives to request these structure owners to cooperate with the homeowner for the inspection. If the owners of adjacent and nearby structures still do not cooperate with the inspection, the homeowner will continue to proceed with the design and construction of the residential building. Any evidence of damage to adjacent and nearby structures presented by these structure owners without agreement from the homeowner will not be recognized if a dispute arises.

Article 9. Design of Residential Buildings

1. Before preparing the design, the homeowner should refer to existing residential models to establish design requirements for their house including the number of occupants, number of floors, quantity of rooms, area and function of each room, facilities, interior layout, and other aesthetic and technical requirements of the residential building.

2. Depending on the scale of the residential building, the preparation of the design may be carried out by the following individuals or organizations:

a) For residential buildings with a total floor area of 250 square meters or less and up to two floors, any organization or individual with experience in designing similar-scale residential buildings may prepare the design provided they comply with approved construction planning and bear legal responsibility for the quality of the design, the impact of the project on the environment, and the safety of nearby structures.

It is encouraged for homeowners to hire individuals or organizations with sufficient qualifications as stipulated in point b of this clause to design residential buildings.

b) For residential buildings with a total floor area greater than 250 square meters, three or more floors, or located within cultural heritage sites, historical-cultural relics, or cases involving the addition of floors to residential buildings, the design must be prepared by organizations or individuals with sufficient capacity for construction design activities or professional qualifications for construction design activities.

Organizations or individuals with sufficient qualifications for professional construction design activities are those that meet the conditions set forth in Articles 49 and 54 of Decree 12/2009/NĐ-CP.

c) Project investors for residential buildings must hire organizations with sufficient qualifications as stipulated in Article 49 of Decree 12/2009/NĐ-CP to design residential buildings.

3. Homeowners may organize the preparation of new design drawings or refer to and use design drawings of other residential buildings or typical residential building designs. In cases where existing design drawings are used, the homeowner must take responsibility and ensure that the design drawings meet all the quality design requirements set forth in this Circular.

When constructing residential buildings with a total floor area of 250 square meters or less and up to two floors in rural areas, if the homeowner does not have design drawings or cannot prepare them, they may construct according to existing residential models but must bear legal responsibility for the quality of the construction.

4. Requirements for the design of residential buildings:

a) Comply with the principles set forth in Clauses 1 and 2 of Article 4 of this Circular.

b) Comply with detailed regulations on urban design by local authorities, if applicable, and guidance from the issuing authority regarding detailed urban planning, layout of structures, minimum distances between individual structures, setbacks of residential buildings from planned road boundaries, permitted building density, planned plot size for residential buildings, height, portion of the building allowed to protrude beyond the red line in cases where the construction boundary coincides with the red line. Part where the building exceeds the construction boundary when the construction boundary retreats behind the red line boundary..

c) Ensuring relations with adjacent structures and other technical requirements for housing.

5. The design drawings must comply with the standards applicable to the following design cases:

a) If prepared by an individual, the design drawings do not need to comply with the standards specified in Clause 1, Article 15 of Decree 209/2004/NĐ-CP, but the drawing must clearly state the designer's full name, address, phone number, and signature.

b) If prepared by an organization, the design drawings must comply with the standards specified in Clause 1, Article 15 of Decree 209/2004/NĐ-CP.

6. The homeowner confirms by signing, and the project owner or the authorized representative of the project owner confirms by signing and stamping approval on the drawing before it is submitted for construction.

Prior to confirmation or approval, the homeowner or project owner may hire organizations or individuals to review the housing design when deemed necessary.

GUIDELINES FOR CONSTRUCTION AND MANAGEMENT OF HOUSING CONSTRUCTION

Chapter III

Article 10. Demolition and Relocation of Old Construction Projects

1. When demolishing old construction projects, the following principles must be ensured:

a) The demolition work must be carried out by units with the appropriate capacity and experience. The demolition unit must implement the approved demolition plan, ensuring safety for people, property, and adjacent structures.

b) The demolition plan must detail the measures and procedures for demolition, equipment and facilities for demolition, protective measures to ensure safety of life and property, public security, environmental hygiene, sequence, schedule, and demolition costs.

c) Before demolition, the demolition unit must notify the People's Committee of the commune and the owners of adjacent structures.

d) The demolition process must be supervised to prevent potential risks.

2. When relocating old construction projects for housing development, the homeowner and project owner must comply with the provisions of Article 85 of the Construction Law and have the responsibility to hire organizations or individuals to prepare relocation plans. Organizations relocating projects must meet the conditions stipulated in Article 8 of Circular No. 22/2009/TT-BXD dated July 6, 2009, issued by the Ministry of Construction "Detailed Regulations on Conditions of Capacity in Construction Activities".

It is encouraged that homeowners and project owners implement monitoring systems for the relocation of old projects.

Article 11. Qualification Conditions for Organizations and Individuals Engaged in Housing Construction

1. For housing with a total floor area less than 250 square meters or fewer than three floors, or for renovation and internal installation without altering the architectural structure, load-bearing structure, and safety of the house, any organization or individual with relevant experience in similar construction can undertake the work. The organization or individual undertaking the work is responsible for quality, safety, and environmental hygiene.

2. For housing with a total floor area greater than 250 square meters or three floors or more, or houses with basements or additional floor construction, the construction organization must meet the construction capacity conditions as stipulated in Article 53 of Decree 12/2009/NĐ-CP.

3. For housing within a housing project, the project owner must hire contractors who meet the construction capacity conditions as stipulated in Article 53 of Decree 12/2009/NĐ-CP.

3. For housing units within a housing project, the developer must hire a contractor with sufficient capacity to implement construction works in accordance with Article 53 of Decree 12/2009/NĐ-CP.

Article 12. Construction Management of Residential Buildings

1. The homeowner or their authorized representative must perform the following tasks:

a) Notify in writing to the People's Committee of the commune where the residential building is being constructed about the commencement date of construction at least seven working days before starting construction, while also notifying adjacent property owners.

b) Immediately notify the owners of adjacent properties and the local construction management authority according to the level of jurisdiction when discovering that the foundation, infrastructure structures, or upper structures of these properties encroach upon their land boundaries. The homeowner shall not allow any part of the residential building, including equipment and underground parts (foundations, pipes), to exceed the boundary with neighboring plots, even if they are vacant lots or unattended properties, except in cases where permission from the competent authority has been obtained.

c) Contact relevant authorities to complete procedures for using sidewalks and road shoulders, if necessary during construction, and must complete procedures for connecting to the water supply, drainage, and electricity systems with the competent authorities.

d) Notify adjacent property owners or representatives of neighborhood associations about potential obstacles to normal daily life caused by the placement of construction materials, construction waste, construction equipment, and construction activities.

đ) Contact the direct management units of technical infrastructure works (water supply and drainage pipelines, power lines, optical cables, telecommunications, radio and television) if such works are found within the construction land boundary or obstruct the construction of the residential building or may be affected by the construction of the residential building.

e) Post warning signs at the construction site if the residential building is being constructed in urban areas, concentrated residential areas, and rural residential areas, containing the following information: the name of the homeowner; the homeowner’s contact address and telephone number, if available; the number and issuance date of the Construction Permit.

2. During the construction process, the homeowner may directly supervise or authorize a representative to supervise construction, or agree with the contractor on the contractor's responsibilities in managing the quality of the residential building, labor safety, and environmental hygiene, including:

a) Managing construction quality, including:

- Inspecting the quality of construction materials and products before incorporating them into the construction of the residential building;

- Inspecting formwork, checking the formwork support system, scaffolding;

- Inspecting the quality of completed work;

- Organizing monitoring and tracking deformation and settlement of the under-construction building and adjacent buildings.

b) Managing labor safety:

- Inspecting measures to ensure labor safety during construction;

- Inspecting measures to prevent falling components and materials from causing danger to people and adjacent buildings; if temporary construction methods encroach on the space of adjacent buildings, then the agreement of the owners of those buildings must be obtained.

c) Managing environmental hygiene:

- Inspecting measures to ensure drainage, preventing flooding and environmental pollution at the construction site and surrounding areas; no materials, components, or construction waste shall cover the common drainage system;

- Arranging temporary sanitation facilities throughout the construction period ensuring that it does not detract from aesthetics and does not affect the surrounding environment;

- Inspecting the collection of construction waste to ensure environmental hygiene conditions and traffic flow. After completion of construction, all surplus materials, waste, and damage to sidewalks, roads, and drainage ditches caused by the construction process must be removed and repaired.

caused during the construction process.

3. The homeowner or authorized person is responsible for reviewing and resolving any issues arising during the construction of the residential building with contractors and serving as the point of contact for resolving issues arising with adjacent property owners, neighborhood associations, and the People's Committee of the commune where the building is located.

4. The homeowner or authorized person must present the Construction Permit and approved design drawings accompanying the Construction Permit when the People's Committee of the commune where the residential building is being constructed or the competent construction authority conducts inspections.

5. The homeowner or authorized person must organize acceptance and receipt of the residential building project when the contractor completes the construction contract.

6. For housing projects, the project investor must organize quality management in accordance with Decree 209/2004/NĐ-CP.

Article 13. Warranty for Housing

1. Housing shall be covered under warranty after completion and commencement of use.

2. Organizations and individuals constructing housing shall be responsible for warranty on housing; organizations and individuals supplying housing equipment shall be responsible for warranty on equipment supplied by them.

3. The contents of housing warranty include remedying and repairing defects and damages arising during the usage period that are not caused by the fault of the housing user.

4. The duration of housing warranty shall be agreed upon by the housing owner or developer and contractors in accordance with relevant laws.

Article 14. Establishment and Storage of Housing Records

1. The housing owner shall be responsible for storing housing records including the following documents:

a) One of the documents proving the lawful establishment of housing as stipulated in Article 15 of the Law on Housing.

b) A schematic drawing of the housing and land plot, if available.

c) A layout plan of the housing construction on the land plot and adjacent structures.

d) Design drawings of the housing approved by the authority issuing the Construction Permit along with the Construction Permit.

đ) Completion drawings of the housing shall be prepared as follows:

- In cases where actual construction dimensions and parameters of the housing match those of the design, the completion drawings shall be made by reproducing the design drawings;

- If there are changes to the actual construction dimensions and parameters compared to the design, the completion drawings shall be made by recording the actual values in parentheses next to or below the original values in the design drawings;

- In necessary cases, the completion drawings shall be made by redrawing with actual construction dimensions and parameters.

2. Besides the housing records mentioned in Clause 1, it is encouraged for the housing owner to store related documents and papers concerning housing construction such as: construction contracts; invoices for purchasing building materials and products; test results of building materials and products, if any; minutes of handling urban construction violations, if any.

3. For housing projects, the developer shall store all completed project records established in accordance with Circular No. 27/2009/TT-BXD dated July 31, 2009 of the Ministry of Construction "Guidelines on Some Aspects of Construction Quality Management".

Article 15. Maintenance of Housing

The housing owner shall be responsible for maintaining their housing in accordance with the law on maintenance of construction works and shall always keep the facade of the housing clean and beautiful, ensuring harmony with adjacent structures and urban aesthetics.

Article 16. Handling Incidents

1. When housing or adjacent structures have a risk of collapse, the housing owner or developer must proactively develop support measures or preventive measures to prevent accidents or request assistance from the People's Committee of the commune to ensure safety for family members and surrounding people.

2. Upon occurrence of an incident, the housing owner or developer and construction contractors must stop work, promptly rescue victims, isolate and secure the scene, maintain the status quo, and urgently report to the People's Committee of the commune where the housing is being constructed. If there is a possibility of further collapse, temporary support measures must be taken.

3. Work may only resume after competent authorities have completed the incident record and granted permission to continue construction.

Article 17. Resolution of Disputes in Construction Contracts between House Owners or Project Investors and Contractors

In cases where disputes arise from construction contracts, the parties shall have the responsibility to negotiate and resolve them on their own. If the parties fail to reach an agreement, the dispute resolution shall be carried out through mediation, arbitration, or court proceedings in accordance with the provisions of the law.

Article 18. Resolution of Disputes between House Owners or Project Investors and Owners of Adjacent Structures

1. When signs of subsidence, cracking, leakage, seepage, or collapse risk are detected in adjacent structures, house owners or project investors must promptly coordinate with the owners of adjacent structures to examine, determine the cause, and find measures to address the issue.

In cases where the parties cannot resolve the dispute themselves, they shall report to the People's Committee at the commune level for handling in accordance with the provisions of the law.

The results of inspecting the current status of adjacent structures established in accordance with Article 8 of this Circular shall serve as one of the bases for resolving the aforementioned disputes.

3. Mediation of land disputes and the authority to resolve land disputes when there is a conflict between house owners and owners of adjacent structures shall be implemented in accordance with the provisions of Articles 135 and 136 of the Land Law.

Chapter IV

IMPLEMENTATION

Article 19. Handling Violations of Construction Order in the Construction of Housing

1. Housing that violates construction order must be handled in accordance with the provisions of the construction law, including:

a) Unauthorized construction according to the plan;

b) Housing without a Construction Permit in cases where such a permit is required;

c) Housing constructed contrary to the contents of the Construction Permit issued by the competent authority (in cases where a Construction Permit is required);

d) Construction activities affecting the quality of adjacent structures adversely; impacting the environment and community;

đ) Failure to provide adequate protection to prevent falling components or materials causing danger to people, ongoing construction, and adjacent structures;

g) Failure to equip workers with sufficient safety equipment and failure to ensure work safety measures;

h) Failure to implement measures to ensure drainage and water disposal, leading to flooding, environmental pollution at the construction site and surrounding areas, and blocking the common drainage system with building materials, components, and construction waste;

2. Actions violating construction order must be handled in one or more of the following ways:

a) Suspension of housing construction;

b) Cease construction of housing, applying measures to stop the supply of electricity and water: notifying the competent authorities not to provide electricity and water services, business operations, and other services to the violative housing;

c) Forced demolition of violative housing;

d) Compelling compensation for losses caused by the violation;

đ) Administrative penalties for violations in construction activities. In serious cases, criminal liability may apply under the provisions of criminal law;

3. Authority to handle violations of construction order:

a) The authority to handle violations of construction order by Inspectors, construction management officers at the commune level, Chairpersons of People's Committees at various levels, Heads of specialized departments assisting the People's Committee at the district level in managing urban construction, or Heads of construction inspectors at the district level if applicable, and Heads of construction inspection departments of the Construction Department is stipulated in Chapter IV of Decree 180/2007/NĐ-CP dated December 7, 2007 of the Government detailing and guiding the implementation of certain provisions of the Construction Law on handling violations of urban construction order (hereinafter referred to as Decree 180/2007/NĐ-CP);

b) The procedures and processes for handling violations of construction order shall be carried out in accordance with the provisions of Chapter V of Decree 180/2007/NĐ-CP.

Article 20. Responsibilities of the People's Committee of the province in managing housing construction

1. Determine the scope of construction permit issuance for housing within its jurisdiction.

2. Issue regulations on architectural management to oversee housing construction according to approved urban design plans.

3. Guide and inspect organizations and individuals in implementing legal documents on housing construction within its jurisdiction; handle any errors discovered during inspection as specified above.

4. Organize or designate qualified consulting organizations to conduct quality inspections and accident investigations of housing within its jurisdiction.

5. Define the boundaries of housing exempt from construction permits including remote areas not part of urban centers, not part of concentrated rural settlements without approved construction plans; specify detailed requirements for concentrated rural settlements requiring construction permits; establish regulations on issuing construction permits, managing housing construction, and handling violations in housing construction in accordance with Decree 12/2009/NĐ-CP and Decree 180/2007/NĐ-CP, adapted to local conditions.

Article 21. Implementation clause

1. This Circular takes effect from February 1, 2010.

2. In case of difficulties during implementation, organizations and individuals concerned are requested to submit feedback to the Ministry of Construction for review and guidance./.