Decree No. 46/2015/NĐ-CP on Quality Management and Maintenance of Construction Projects

DECREE

Von management of construction project quality and maintenanceg

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Căn cứ Luật T, amended and supplemented by Decree No. 109/2025/NĐ-CP and Decree No. 193/2025/NĐ-CP dated December 25, 2001;

Pursuant to the Construction Law on 1August 8, 2014;

On the basis of the Law on Bidding dated November 26, 2013;13;

On the basis of the Law on Product Quality dated November 21, 2007; 11 stipulating the functions, tasks, powers, and organizational structure of the Ministry of Science and Technology;

Pursuant to the proposal of the Director of the Department of Ethnic Affairs and Religion Propaganda;on The Minister of Construction hereby issues this Decree,

of the Government to promulgate the Decree on management of construction project quality and maintenance.

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

This Decree guides the Law on Construction regarding the management of construction project quality during surveying, designing, and construction works; maintenance of construction projects and resolution of construction project incidents.

Article 2. Applicability

This Decree applies to investors, sponsors, owners, managers, users of construction projects, domestic contractors, foreign contractors, state management agencies for construction, and other organizations and individuals related to the management of construction project quality and maintenance.

Article 3. Explanation of Terms        

1. Management of construction project quality is the management activity of subjects participating in construction activities in accordance with this Decree and relevant laws throughout the preparation, implementation of investment in construction projects, and operation and use of construction projects to ensure quality and safety requirements of the projects.

2. Technical guidance is a set of technical requirements based on technical standards applied to construction projects and design of construction projects to guide and specify materials, products, equipment used for construction projects and construction, supervision, and acceptance works of construction projects.

3. As-built drawings are drawings of completed construction projects, showing actual positions, dimensions, materials, and equipment used.

4. Completion files of construction projects are a collection of documents related to the investment and construction process of construction projects that need to be retained when the projects are put into use.

5. Specialized construction testing is an activity of measurement to determine the characteristics of construction soil, construction materials, construction environment, construction products, parts of construction projects, or construction projects according to a specific procedure.

6. Construction monitoring is an activity of tracking, measuring, recording changes in geometry, deformation, displacement, and other technical parameters of construction projects and surrounding environments over time.

7. Construction surveying is an activity of measurement to determine the position, shape, and size of terrain and construction projects serving construction, quality management, maintenance, and resolution of construction project incidents.

8. Construction inspection is an activity of checking and evaluating the quality or cause of damage, value, service life, and other technical parameters of construction products, parts of construction projects, or construction projects through monitoring, testing combined with calculation and analysis.

9. Construction forensic examination is an activity of construction inspection and evaluation of compliance with legal provisions on investment and construction organized by competent state management agencies or at the request of these agencies.

10. Judicial construction forensic examination is the performance of specialized construction activities upon request of judicial proceedings agencies, prosecutors, or at the request of the party requesting forensic examination in accordance with the law on forensic examination.

11. Conformity assessment in construction activities is the evaluation of the degree of conformity of construction materials and construction products with the requirements of relevant technical standards applied.

12. Standardization assessment in construction activities is the evaluation of the degree of conformity of products, goods, services, processes, and environment with corresponding standards.

13. Maintenance of construction projects is a set of works aimed at ensuring and maintaining normal and safe operation of construction projects in accordance with design regulations during exploitation and use. The content of construction project maintenance may include one, several, or all of the following works: Inspection, monitoring, quality inspection, maintenance, and repair of construction projects but does not include activities changing the function or scale of the projects.

14. Maintenance procedures of construction projects are documents specifying the sequence, content, and guidance for implementing maintenance works of construction projects.

15. Design service life of construction projects is the period during which construction projects are expected to be used, ensuring safety and functionality requirements. The design service life of construction projects is specified in relevant technical standards, standards applied, and construction project design tasks.

16. Actual service life of construction projects is the period during which construction projects are actually used, ensuring safety and functionality requirements.

17. Warranty of construction projects is the contractor's commitment to responsibility for rectifying and repairing defects occurring during the exploitation and use of construction projects within a certain period.

18. Owner of construction projects is an individual or organization having ownership rights to construction projects in accordance with the law.

19. Manager and user of construction projects is the owner directly managing and using the projects or the person authorized by the owner to manage and use the projects when the owner does not directly manage and use them.

Article 4. General Principles for Quality Management of Construction Projects

1. Construction projects must be subject to quality control in accordance with the provisions of this Decree and relevant laws from the preparation, implementation of investment construction to management and use of the project to ensure safety for people, assets, equipment, the project itself, and adjacent projects.

2. Sub-projects and completed construction projects may only be put into operation and use after being accepted and meeting the requirements of the design, applicable standards, technical regulations for the project, contractual requirements, and relevant legal provisions.

3. Contractors participating in construction activities must have the necessary qualifications as prescribed, must implement self-management measures for the quality of construction works they undertake, and the main contractor or general contractor is responsible for managing the quality of works carried out by subcontractors.

4. The investor has the responsibility to organize quality management of the project in accordance with the form of investment, project management form, tendering method, scale, and source of investment funds during the implementation of construction projects in accordance with the provisions of this Decree. The investor is entitled to carry out construction activities independently if they meet the qualification conditions prescribed by law.

5. Specialized agencies on construction provide guidance, inspect the quality management work of organizations and individuals participating in construction projects; review designs, inspect acceptance work of construction projects, organize the implementation of construction project quality appraisal; propose and handle violations related to construction project quality in accordance with the law.

6. Subjects participating in investment and construction activities as stipulated in Clause 3, Clause 4, and Clause 5 of this Article are responsible for the quality of works they undertake.

Article 5. Allocation of Responsibilities for Quality Management of Construction Projects between Investors and Subjects Participating in Investment and Construction Activities

1. In cases where the investor establishes a project management board for investment and construction:

a) The investor may authorize the project management board to perform part or all of the investor's responsibilities for quality management of the project in accordance with the provisions of this Decree. The investor must direct, inspect, and be responsible for the tasks delegated to the project management board.

b) The project management board is responsible to the investor and the law according to the tasks and powers authorized by the investor.

2. In cases where the investor hires a project management consultant or a construction supervision contractor:

a) The investor may entrust these contractors to perform one or more of the investor's responsibilities for quality management of the construction project through a construction contract. The investor is responsible for supervising the implementation of the construction contract, handling issues related to the relationship between the project management consultant, construction supervision contractor, and other contractors and local authorities during the project implementation.

b) Project management consultants and construction supervision contractors are responsible to the investor and the law for the responsibilities entrusted to them.

3. The Ministry of Construction provides detailed guidelines on the quality management responsibilities of investors; allocates responsibilities among related subjects regarding quality management of construction projects in cases where general contracting contracts, joint venture contracts, and public-private partnership investment forms are applied.

Article 6. Application of technical standards and specifications in investment construction activities

1. The application of technical standards and specifications in investment construction activities must comply with the provisions of Article 6 of the Construction Law and other relevant regulations issued by the Ministry of Construction.

2. When applying foreign standards, there must be a statement explaining the necessity of their application. Foreign standards applied must have the full text of the standard in file format or printed form and must include a Vietnamese or English translation for the content to be used.

3. For new technical solutions, technologies, and materials primarily applied in Vietnam for the first time, they must meet the requirements of technical standards and related laws. Contractors proposing the application of these technical solutions, technologies, and new materials are responsible for providing bases and documents proving the safety, effectiveness, and feasibility conditions when applying them for the competent authority to review during the design review process according to construction law regulations.

Article 7. Quality Management of Individual Housing Construction CurrentRetail Price

1. Quality management work for individual housing construction shall be carried out on the principle of ensuring safety for people, property, equipment, structures, adjacent structures, and surrounding environment. It is encouraged that subjects participating in individual housing construction investment activities apply the provisions of this Decree to manage the quality of individual housing construction.

2. The Ministry of Construction shall provide guidance on the management of construction project quality for individual housing.

Article 8. Classification and Grading of Construction Projects

1. Based on usage functions, construction projects are classified as follows:

a) Civil works;

b) Industrial works;

c) Transportation works;

d) Agricultural and rural development works;

đ) Technical infrastructure works;

e) National defense and security works.

Detailed lists of project types are specified in Appendix I attached to this Decree.

2. For projects not defined in items I through V of Appendix I of this Decree, the Ministry of Construction shall take the lead and coordinate with specialized construction project management ministries to determine the type of the project.

3. Construction projects and sub-projects are graded based on scale, structural type, and importance for application in managing the following investment construction activities:

a) Managing the classification of capacity of subjects participating in construction activities and announcing information on the capacity of organizations and individuals engaged in construction projects;

b) Requirements for project grading to prepare technical guidelines and determine the number of design steps for construction projects;

c) Defining responsibilities for reviewing construction project designs, inspecting acceptance work during construction, and upon completion of construction;

d) Managing construction investment costs and construction contracts;

đ) Grading authority for construction permits;

e) Regulations on construction project warranty periods; managing maintenance work for construction projects;

g) Grading construction project incidents and authority to resolve construction project incidents;

h) Other related regulations.

4. Project grading for design and management of other contents is regulated in technical standards, specifications, and related legal provisions.

5. The Ministry of Construction shall take the lead and coordinate with specialized construction project management ministries to guide the grading of construction project types mentioned in Clause 3 of this Article.

Article 9. Awards for Construction Quality Projects

1. Awards for Construction Quality Projects include the following forms:

a) National awards for construction quality projects as prescribed by the Prime Minister;

b) High-quality construction project awards and other quality awards.

2. The awards for construction quality projects as stipulated in Clause 1 of this Article are among the bases for ranking, assessing capacity and performance results of organizations and individuals participating in investment and construction activities and are considered for contract bonuses as provided for in Clause 1 of Article 146 of the Construction Law.

3. Contractors who win awards for construction quality projects as stipulated in Clause 1 of this Article shall be given priority consideration when participating in bidding for construction activities according to the law on bidding. The awards that serve as grounds for giving priority to contractors are those that the contractor has won in the three years immediately preceding the date of registration to participate in the bidding process. The investor is responsible for specifying the above content in the tender documentation.

4. The Ministry of Construction shall provide detailed guidance on the forms, conditions, criteria, procedures, and processes for registering and awarding construction quality project awards.

Article 10. Specialized Construction Testing, Construction Project Monitoring, Construction Inspection, and Conformity Certification

1. Specialized construction testing, construction project monitoring, construction inspection, and conformity certification are conditional consultancy activities. Organizations participating in these activities must register and be recognized according to regulations. Individuals participating in these activities must have appropriate certificates and licenses.

2. The Ministry of Construction shall provide specific guidance on the activities stipulated in Clause 1 of this Article.

Chapter II

QUALITY MANAGEMENT OF CONSTRUCTION SURVEYING

Article 11. Procedures for Managing the Quality of Construction Surveying

1. Establishing and approving survey tasks for construction.

2. Establishing and approving technical survey plans for construction.

3. Managing the quality of construction surveying work.

4. Acceptance and approval of construction surveying results.

Article 12. Survey Tasks for Construction

1. Survey tasks for construction are established for surveys serving the preparation of investment project proposals, construction design of projects, design for repair, renovation, expansion, and upgrading of projects, or other related construction surveys.

2. Survey tasks for construction are prepared by the design contractor. In cases where a design contractor has not been selected, the investment decision-maker or the investor may hire an organization or individual with the necessary qualifications to prepare the survey tasks for construction.

3. Contents of survey tasks for construction include:

a) Purpose of construction surveying;

b) Scope of construction surveying;

c) Construction survey standards applied;

d) Quantities of various types of construction surveying work (estimated) and budget for construction surveying work;

đ) Time frame for conducting construction surveying.

4. Survey tasks for construction may be amended or supplemented in the following cases:

a) During the implementation of construction surveying, discovering unusual factors that may directly affect design solutions or when changes in design tasks require supplementation of survey tasks for construction;

b) During the design phase, if the design contractor discovers that the survey tasks for construction or survey reports do not meet design requirements;

c) During construction, discovering unusual factors compared to survey and design documents that may affect the quality of the project or construction methods.

5. When establishing survey tasks, previous survey tasks and results from the prior design stage and relevant survey results conducted previously (if any) should be taken into account.

Article 13. Technical Survey Plan for Construction

1. The survey contractor shall prepare a technical survey plan for construction that is appropriate to the construction survey tasks, applicable construction survey standards, and submit it to the project owner for approval.

2. Contents of the technical survey plan for construction:

a) Basis for preparing the technical survey plan for construction;

b) Components and volume of construction survey work;

c) Survey methods, equipment, and laboratories used;

d) Applied construction survey standards;

đ) Implementation organization and quality control measures of the construction survey contractor;

e) Schedule;

g) Measures to ensure safety for people, equipment, technical infrastructure works, and other construction works within the survey area; environmental protection and landscape preservation measures within the survey area and site restoration after completion of the survey.

3. The project owner shall inspect and approve the technical survey plan for construction. The project owner may hire a consulting unit with sufficient capacity conditions to review the technical survey plan for construction as a basis for approval.

Article 14. Quality Management of Construction Survey Work

1. The survey contractor is responsible for assigning sufficient experienced and appropriately qualified personnel to carry out surveys according to the provisions of the construction contract; appointing personnel with sufficient capacity conditions to serve as the head of the survey and organizing the implementation of quality control measures specified in the technical survey plan for construction.

2. Depending on the scale and type of survey, the project owner is responsible for supervising construction survey work according to the following contents:

a) Checking the actual capacity of the construction survey contractor including human resources, survey equipment at the site, laboratory (if any) used compared to the approved construction survey plan and the provisions of the construction contract;

b) Monitoring and checking the implementation of construction survey work including: Survey location, survey volume, survey implementation process, data retention and sample testing; checking laboratory and field testing; checking safety assurance work during the survey implementation process.

3. The project owner has the right to suspend survey work when discovering that the contractor does not implement the approved survey plan or the provisions of the construction contract.

Article 15. Content of the Construction Survey Result Report

1. Basis for implementing construction survey work.

2. Survey process and methods.

3. Overview of the location and natural conditions of the construction survey area, characteristics, scale, nature of the work.

4. Volume of completed construction survey work.

5. Survey results and data after testing and analysis.

6. Opinions, notes, recommendations (if any).

7. Conclusions and recommendations.

8. Attached appendices.

Article 16. Acceptance and Approval of the Construction Survey Result Report

1. Acceptance of the Construction Survey Result Report:

a) The project owner shall inspect the volume of completed construction survey work, examine the suitability regarding specifications, quantity, and content of the survey report compared to the provisions of the construction survey tasks, the approved technical survey plan for construction, and the provisions of the construction contract; notify the survey contractor in writing of acceptance of the construction survey result report if requirements are met.

In case the construction survey result report does not meet requirements, the project owner shall send the survey contractor a written notice of non-acceptance, specifying the unmet requirements that the survey contractor must correct or resurvey;

b) The project owner may hire a consulting unit with sufficient capacity conditions to check the construction survey result report as a basis for acceptance decision.

2. The project owner directly approves the construction survey result report after notifying acceptance of this report and bears responsibility for the approval result.

3. The survey contractor is responsible for the quality of the construction survey work they perform. The acceptance and approval of the construction survey result report by the project owner do not replace and do not reduce the responsibility for the quality of the construction survey work performed by the survey contractor.

4. The construction survey result report is part of the project completion documentation and is stored according to the provisions of Article 33 of this Decree.

Chapter III

QUALITY MANAGEMENT OF DESIGN AND CONSTRUCTION OF WORKS

Article 17. Procedures for managing the quality of construction design projects

1. Establishing the construction design project task.

2. Managing the quality of construction design work.

3. Reviewing and examining construction design.

4. Approving construction design projects.

5. Acceptance of construction design projects.

Article 18. Construction design project tasks

1. The investor establishes or hires organizations or individuals with appropriate capacity to establish the construction design project task.

2. The construction design project task must be consistent with the feasibility study report or the investment proposal report for the construction project. The construction design project task serves as the basis for establishing the investment project, and for constructing the design project. The investor may hire consulting organizations or experts to provide comments or review the construction design project task when necessary.

3. The main contents of the construction design project task include:

a) The bases for establishing the construction design project task;

b) The objectives of the construction project;

c) The location of the construction project;

d) Requirements related to planning, landscape, and architecture of the project;

đ) Requirements related to the scale, duration of use, functions, and other technical requirements of the project.

4. The construction design project task shall be supplemented and modified to suit actual conditions to ensure the effectiveness of the investment construction project.

Article 19. Technical guidance

1. Technical guidance is the basis for supervising the construction of construction projects, construction, and acceptance of construction projects. Technical guidance is prepared by the contractor or another consultant hired by the investor. Approved technical guidance is part of the tender documentation for construction, serving as the basis for construction management, supervision, and project acceptance.

2. Technical guidance must comply with technical standards and approved construction project standards and requirements of the construction design project.

3. It is mandatory to prepare technical guidance for special-grade, Grade I, and Grade II projects. For heritage sites and remaining projects, technical guidance can be prepared separately or included in the explanatory notes of the construction design project.

Article 20. Quality Management of Construction Design Work

1. Contents of quality management by the construction design contractor:

a) Assigning sufficient experienced and qualified personnel to carry out the design; appointing individuals with adequate qualifications to lead the design project and oversee the design;

b) Using survey results that meet the requirements of the design stage and conform to applicable technical standards and standards for the project;

c) Appointing individuals or departments within their organization or hiring other organizations or individuals with the required qualifications to conduct internal quality checks on design documents;

d) Submitting design documents to the investor for review and approval according to the Construction Law regulations; adopting comments from the review and explaining or amending the design documents accordingly;

đ) Implementing design adjustments as prescribed.

2. The construction design contractor is responsible for the quality of the construction design project they undertake; reviews, examinations, and approvals of the design by individuals, organizations, investors, investment decision-makers, or construction authorities do not replace or reduce the responsibility of the construction design contractor for the quality of the construction design project they undertake.

3. In cases where the construction design contractor acts as the general design contractor, this contractor must undertake the main components or key technologies of the project and bear full responsibility for fulfilling the contract with the tenderer. Subcontractors are responsible for the progress and quality of the design before the general contractor and under the law for the portion they undertake.

4. During the design process of national key projects, large-scale projects with complex technology, the construction design contractor has the right to propose to the investor to conduct experiments and simulations to test the operational capability of the project to improve the design, ensuring technical requirements and safety of the project.

Article 21. Specifications for Construction Project Design Documents

1. Design documents for each project shall include design descriptions, calculations, design drawings, relevant construction survey documents, construction project estimates, and building maintenance procedures (if applicable).

2. Design drawings must be sized, scaled, and framed according to standards applied in construction activities. Within each drawing frame, there must be the name, signature of the direct designer, design checker, design leader, chief designer, legal representative of the design contractor, and the seal of the design contractor in cases where the design contractor is an organization.

3. Design descriptions, drawings, and estimates must be compiled into a unified file set, indexed, numbered, and marked for easy reference and long-term storage.

Article 22. Review, Audit, Approval, Acceptance, and Storage of Construction Project Design Documents

1. The work of reviewing, auditing, approving, accepting, adjusting designs, and technical instructions, components of construction project design documents shall be carried out in accordance with the Construction Law and the Decree on management of investment construction projects.

2. Construction project design documents are part of the completion documents of the project and must be stored in accordance with Article 33 of this Decree.

Chapter IV

QUALITY MANAGEMENT OF CONSTRUCTION WORK ON PROJECTS

Article 23. Procedure for Quality Management of Construction Work

The quality of construction work on projects must be controlled from the procurement, production, manufacturing stages of construction products, building materials, components, and equipment used in the project up to the construction, trial operation, and acceptance of project sections and completed projects for use. The procedure and responsibilities of the subjects are stipulated as follows:

1. Quality management of materials, products, components, and equipment used in construction projects.

2. Quality management of contractors during the construction process of projects.

3. Supervision of construction work by the project owner, inspection, and acceptance of construction work during the construction process of projects.

4. Supervision of the author of the design contractor during the construction process of projects.

5. Comparative testing, load testing, and construction certification during the construction process of projects.

6. Acceptance of construction phases, parts (sections) of construction projects (if applicable).

7. Acceptance of project sections and completed projects for commissioning and use.

8. Inspection of project acceptance work by competent state agencies.

9. Preparation of completion documents for construction projects, archiving of project documents, and handover of construction projects.

Article 24. Quality Management of Materials, Products, Components, and Equipment Used in Construction Projectsớ1. Responsibilities of contractors supplying construction products and building materials that are goods on the market:

a) Organizing quality testing and providing the tenderer (buyer of construction products) with certificates, certifications, information, and related documents about construction products in accordance with the construction contract, laws on product quality, and other relevant laws;

b) Checking the quantity, type, and quality of products before delivering them to the tenderer in accordance with the requirements of the construction contract;

c) Informing the tenderer of transportation, storage, and preservation requirements for construction products;

d) Implementing repairs or exchanges of products not meeting quality requirements according to the warranty commitment for construction products and the construction contract.

2. Responsibilities of contractors manufacturing, producing building materials, components, and equipment for construction projects according to specific design requirements:

a) Submitting to the tenderer (buyer) the production process, quality control during production and manufacturing, and testing and trial procedures according to design requirements;

b) Organizing production, manufacturing, testing, and trials according to the approved process; self-monitoring quality and coordinating with the tenderer in quality control during production, manufacturing, transportation, and storage at the site;

c) Conducting inspections and acceptance before delivery to the tenderer;

d) Transporting and delivering to the tenderer in accordance with the contract;

đ) Providing the tenderer with certificates, certifications, information, and related documents according to the construction contract, laws on product quality, and other relevant laws.

3. The tenderer has the following responsibilities:

a) Specifying quantities, types, and technical requirements for materials, products, components, and equipment in contracts with supply contractors; production and manufacturing contractors in accordance with design and technical instructions applicable to the project;

b) Checking quantities, types, and technical requirements for materials, products, components, and equipment as stipulated in the contract; requiring supply, production, and manufacturing contractors to fulfill the responsibilities specified in Clause 1 and Clause 2 of this Article before acceptance and allowing their use in the project;

c) Implementing quality control during production and manufacturing according to the agreed process with the contractor.

4. Contractors specified in Clause 1 and Clause 2 of this Article are responsible for the quality of materials, products, components, and equipment they supply, manufacture, and produce; the acceptance by the tenderer does not reduce the responsibility of the contractor as stated above.

4. The contractor specified in Clauses 1 and 2 of this Article shall be responsible for the quality of materials, products, components, and equipment supplied, manufactured, or produced by themselves; the acceptance by the tendering party does not reduce the aforementioned responsibility of the contractor.

Article 25. Quality Management by Construction Contractors

1. Construction contractors are responsible for receiving and managing the construction site, preserving positioning markers and boundary markers of the project.

2. Establish and notify the project owner and related subjects of the quality management system, quality objectives, and the contractor's quality assurance policies. The construction quality management system must be appropriate to the scale of the project, clearly stating the organizational chart and responsibilities of each department and individual regarding the contractor’s construction quality management work.

3. Submit to the project owner for approval the following contents:

a) Plan for organizing testing and inspecting the quality, monitoring, and measuring technical parameters of the project according to design requirements and technical guidelines;

b) Measures for inspecting and controlling the quality of materials, products, components, and equipment used in the project; designing construction methods, specifying specific measures to ensure safety for people, machinery, equipment, and the project;

c) Plan for inspecting and accepting construction work, partial (sub-item) construction works, acceptance of completed sub-items, and the entire construction project;

d) Other necessary contents as required by the project owner and stipulated in the contract.

4. Allocate manpower and construction equipment in accordance with the provisions of the construction contract and relevant laws and regulations.

5. Fulfill quality management responsibilities in purchasing, manufacturing, and producing materials, products, components, and equipment used in the project as prescribed in Article 24 of this Decree and the construction contract.

6. Conduct material, component, construction product, and project equipment, technology equipment testing and inspection before and during construction as stipulated in the construction contract.

7. Construct in accordance with the construction contract, construction permit, and project design. Promptly notify the project owner if discrepancies between the design, contract documentation, and on-site conditions are discovered during construction. Self-monitor construction quality according to design requirements and contract stipulations. Quality management records of construction tasks must be prepared in accordance with regulations and match the actual construction site timeline.

8. Control the quality of construction work and installation of equipment; supervise construction of projects carried out by subcontractors when acting as the main contractor or general contractor.

9. Address and rectify any quality defects found during construction (if any).

10. Carry out surveying and monitoring of the project as required by the design. Conduct single-unit and integrated trial runs according to the plan before requesting acceptance.

11. Prepare construction progress logs as required.

12. Prepare completion drawings as required.

13. Request the project owner to conduct acceptance of construction phase transfer work, partial construction phases, or sub-project acceptance, and acceptance of completed sub-projects and the entire construction project.

14. Report to the project owner on progress, quality, quantity, labor safety, and construction site environmental hygiene as stipulated in the construction contract and urgent requirements of the project owner.

15. Return the construction site, move materials, machinery, equipment, and other assets out of the site after the project has been accepted and handed over, except where otherwise agreed in the construction contract.

Article 26. Supervision of Construction Works

1. Construction works must be supervised during the construction process in accordance with Clause 1 of Article 120 of the Construction Law. The contents of construction work supervision include:

a) Notifying related contractors about the tasks and authorities of individuals within the quality management system of the project owner and the construction work supervision contractor to facilitate coordination and implementation;

b) Inspecting the conditions for starting construction works as stipulated in Article 107 of the Construction Law;

c) Verifying the capability of the construction work contractor against the tender documents and construction contract, including: manpower, construction equipment, specialized construction laboratories, and the quality management system of the construction work contractor;

d) Checking the construction methods of the contractor against the approved construction method design;

đ) Reviewing and approving the contents submitted by the contractor as specified in Clause 3 of Article 25 of this Decree, and requiring the construction contractor to amend these contents during the construction process to align with reality and contractual provisions. In necessary cases, the project owner may agree in the construction contract with the contractors on entrusting the construction supervision contractor to prepare and require the construction contractor to implement the aforementioned contents;

e) Inspecting and approving materials, components, construction products, and installed equipment;

g) Inspecting and urging the construction contractor and other contractors to carry out work at the site according to the construction progress requirements of the project;

h) Supervising the implementation of environmental protection regulations for construction works as prescribed by environmental protection laws; supervising safety measures for adjacent works and construction monitoring activities;

i) Ensuring compliance with labor safety standards as prescribed by technical regulations, contractual provisions, and labor safety laws;

k) Requesting the project owner to organize design adjustments when discovering errors or unreasonable aspects in the design;

l) Temporarily halting construction by the construction contractor if the construction quality does not meet technical requirements or construction methods do not ensure safety; taking the lead and coordinating with relevant parties to resolve issues arising during the construction process and handling incidents according to this Decree;

m) Inspecting documents for final acceptance; inspecting and confirming completion drawings;

n) Organizing comparative testing and quality certification of construction parts, items, and completed construction works as prescribed in Article 29 of this Decree;

o) Conducting final acceptance of construction work to transfer to the next construction phase, final acceptance of construction phases or construction parts, final acceptance of completed construction items, and completed construction works as prescribed; inspecting and confirming the volume of completed construction work;

p) Organizing the preparation of the final completion documents for construction works;

q) Implementing other contents as prescribed in the construction contract;

2. The project owner has the right to conduct construction work supervision themselves or to hire consulting organizations with sufficient capacity as prescribed to supervise one, several, or all of the contents stipulated in Clause 1 of this Article;

3. In the case of applying the design-supply-construction general contracting contract (EPC) or turnkey contracts, the responsibility for implementing construction work supervision shall be regulated as follows:

a) The general contractor is responsible for supervising the construction work they undertake and that undertaken by subcontractors. The general contractor can conduct supervision themselves or hire consulting contractors with sufficient capacity as prescribed to supervise one, several, or all of the contents stipulated in Clause 1 of this Article, and such supervision must be stipulated in the construction contract between the general contractor and the project owner;

b) The project owner is responsible for inspecting the general contractor's construction work supervision. The project owner has the right to appoint representatives to participate in inspecting and accepting construction work, important construction phase transitions, and must be agreed upon in advance with the general contractor in the inspection and acceptance plan as stipulated in Point a of Clause 3 of Article 25 of this Decree;

4. Organizations conducting supervision as prescribed in Clause 2 and Point a of Clause 3 of this Article must establish a quality management system and have sufficient personnel to conduct on-site supervision in accordance with the scale and requirements of the supervision work. Depending on the scale, nature, and technology of the construction work, the organizational structure of the construction work supervision organization includes a supervisor and supervisory staff. Personnel conducting construction work supervision for the aforementioned organization must hold a valid construction work supervision practice certificate corresponding to their trained specialty and assigned construction work;

5. For construction works funded by state budget capital and non-budget state capital:

a) The construction work supervision organization must be independent from construction work contractors and manufacturers, producers, suppliers of materials, products, components, and equipment used in the construction work;

b) The construction work supervision organization cannot participate in quality certification of construction works they supervise;

c) Manufacturers, producers, and suppliers of materials, products, components, and equipment used in the construction work cannot participate in quality certification of products related to materials and equipment they supply;

6. The Ministry of Construction shall provide guidance on construction work supervision activities.

Article 27. Inspection of Construction Work

1. Based on the testing and inspection plans for construction works and the actual progress of construction at the site, the construction project supervisor and the direct technical construction management personnel of the construction contractor shall conduct inspections of construction work to proceed with the next construction phase. The results of the inspection shall be confirmed by a record for one or more construction works of a sub-project according to the construction sequence.

2. The construction project supervisor must base the inspection of construction work required to be inspected on the construction drawings design documents, approved technical instructions, technical standards, quality control results of materials and equipment tested during the construction process related to the object to be inspected.

3. The construction project supervisor must conduct the inspection of construction work and confirm it by a record within a maximum of twenty-four hours from the time of receiving the notice of inspection of construction work to proceed with the next construction phase from the construction contractor. In case of disagreement with the inspection, they must notify the reasons in writing to the construction contractor.

Article 28. Supervision of the Designer by the Design Contractor During Construction

1. For three-stage design, the design contractor responsible for preparing the technical design, and for one-stage or two-stage design, the design contractor responsible for preparing the construction drawings must implement author supervision in accordance with the construction contract provisions.

2. Contents of implementation:

a) Explain and clarify construction design documents when requested by the project owner, construction contractor, and construction supervision contractor;

b) Coordinate with the project owner upon request to resolve design issues arising during construction, adjust the design to suit the actual construction conditions, and address any unreasonable aspects of the design as requested by the project owner;

c) Promptly inform the project owner and recommend measures to handle cases where construction deviates from the approved design by the construction contractor;

d) Participate in the inspection of construction projects when requested by the project owner. In case of discovering that a sub-project or construction project does not meet the inspection conditions, promptly provide written comments to the project owner.

Article 29. Comparative Testing, Quality Inspection, and Load Testing of Building Structures During ConstructioncouncillORSnto effecitselfof the construction project during the construction process

1. Comparative testing shall be carried out in the following cases:

a) As stipulated in the construction contract or technical instructions for national key projects, large-scale projects, technically complex projects, and projects significantly impacting community safety and the environment;

b) When construction materials, products, equipment, and construction quality show signs of failing to meet quality requirements specified in technical instructions or designs;

c) Upon request of specialized construction authorities.

2. Quality inspection and load testing of building structures shall be carried out in the following cases:

a) As stipulated in the construction contract or technical instructions based on design requirements;

b) When construction projects, sub-projects, or parts of construction projects exhibit signs of failing to meet quality requirements specified in the design;

c) Upon request of state agencies authorized to enter into public-private partnership investment contracts;

d) At the request of judicial proceedings bodies or persons conducting such proceedings under the law on forensic examination, or upon request of the agency organizing the investigation of the cause of a construction accident;

đ) Upon request of the State Acceptance Council for Construction Projects or specialized construction authorities when necessary.

3. In cases provided for in Point c Clause 1, Points d and đ Clause 2 of this Article, the requesting authority is permitted to designate a consulting organization through the abbreviated tendering procedure prescribed in Clause 1 Article 56 Decree No. 63/2014/NĐ-CP dated June 26, 2014 on Detailed Provisions Implementing Certain Provisions of the Law on Bidding Regarding Selection of Contractors to carry out.

4. The design contractor, construction contractor, supplier, manufacturer of construction products, and other relevant contractors must bear the costs of comparative testing, quality inspection, and load testing of building structures if the test results prove their fault. For other cases, these costs shall be included in the total investment cost of the construction project.

Article 30. Acceptance of Construction Phase or Part of a Construction Project

1. Based on the specific conditions of each project, the investor and the construction contractor may agree on the acceptance of a construction phase or part of a construction project in the following cases:

a) When completing a construction phase or part of a project that requires inspection and acceptance to assess quality before proceeding to the next construction phase;

b) Upon completion of a construction tender package.

2. The investor and the relevant construction contractor shall agree on the time for acceptance, procedures, and contents of acceptance, and participants in the acceptance process; the results of acceptance shall be recorded in a protocol.

Article 31. Completion Acceptance of Project Components and Construction Projects for Operationperiod1. The investor organizes the completion acceptance of project components and construction projects.

2. Conditions for the completion acceptance of project components and construction projects:

a) Construction works have been accepted according to the provisions of Articles 27 and 30 of this Decree. Test results, inspections, and trial runs meet technical requirements specified in the construction design;

b) There are no significant quality issues in construction affecting the safe operation and use of the project;

c) The fire prevention and firefighting police authority has issued a document certifying fire prevention and firefighting acceptance in accordance with laws on fire prevention and firefighting; the environmental protection agency has issued a certificate confirming the completion of environmental protection works of the project in accordance with laws on environmental protection and other competent authorities' approval documents as prescribed by relevant laws, if applicable.

3. The investor may decide to organize partial acceptance or conditional acceptance to put the project into use when there are some quality issues remaining but not affecting the load-bearing capacity, lifespan, functionality of the project and ensuring safe operation. The acceptance protocol must clearly state the quality issues requiring rectification or construction works needing further implementation and the completion time for these works. The investor must organize the final acceptance of the project after the quality issues have been resolved or the remaining construction works have been completed.

4. Conditions for putting the project or project component into use:

a) The project or project component has been accepted according to regulations;

b) For projects specified in Clause 1 of Article 32 of this Decree, they must be inspected by the competent authority specified in Clause 2 of Article 32 of this Decree, which then approves the investor's acceptance results as stated in Point a of this Clause. Specifically, for projects funded by state budget and non-budget state funds, the investor can only settle the construction contract after obtaining the approval document mentioned above.

5. The investor and related contractors shall agree on the time for acceptance, procedures, and contents of acceptance; the results of acceptance shall be recorded in a protocol.

5. The project owner and related contractors shall agree on the acceptance time, procedures, and contents of acceptance; the results of acceptance shall be recorded in a protocol.

Article 32. Inspection of Construction Project Acceptance Work

1. Construction projects must be inspected for acceptance work during construction and upon completion of construction works as prescribed in Clause 4, Article 123 of the Construction Law by the competent state agency as stipulated in Clause 2 of this Article, including:

a) National key projects, large-scale projects with complex technical requirements as listed annually by the Prime Minister's Decision;

b) Construction projects funded by the State budget and non-budget State capital;

c) Projects significantly impacting community safety as specified in Appendix II of this Decree, excluding those mentioned in Points a and b of this Clause;

d) Projects significantly impacting the environment, excluding those specified in Points a, b, and c of this Clause, to be inspected by the competent authority according to environmental protection laws;

đ) For power transmission lines and substations with voltage levels up to 35KV, and Class IV construction projects funded by non-budget State capital, the project owner shall organize self-inspection according to this Decree. The project owner is responsible for reporting the inspection results to the specialized construction management agency at the level specified in Point c of Clause 2 of this Article for consolidation and monitoring.

2. Inspection Authority:

a) The State Council for Construction Project Acceptance, established and operated based on the Prime Minister's Decision, shall inspect projects as specified in Point a of Clause 1 of this Article;

b) Specialized construction agencies under the Ministry of Construction and specialized construction management ministries shall inspect various types of projects regardless of funding sources within their management responsibility as stipulated in Clauses 1 and 2 of Article 51 of this Decree, including Class I projects, special-class projects, projects assigned by the Prime Minister, projects spanning two or more provinces, projects decided to be invested in or managed by the Ministry of Construction, specialized construction management ministries, or state economic groups, excluding those specified in Point a of this Clause;

c) Provincial Construction Departments and specialized construction management departments shall inspect various types of construction projects within their management responsibility as stipulated in Clause 4 of Article 51 of this Decree, excluding those specified in Points a and b of this Clause;

Based on actual conditions of localities, provincial People's Committees may delegate inspection responsibilities for some Class III and IV projects under the management of the Provincial Construction Department and specialized construction management departments to construction management offices under district-level People's Committees;

d) In cases where an investment project includes multiple construction projects or sub-projects with different types and classes as specified in Clause 1 of this Article, the leading agency organizing the inspection shall be the agency responsible for inspecting the main project or sub-project with the highest class in the investment project;

đ) The Ministry of Defense and the Ministry of Public Security shall specify the authority to conduct inspections for defense and security projects;

3. The inspection content includes checking the compliance of the project owner and participating contractors with regulations on construction quality management during surveying, designing, and constructing projects as prescribed in this Decree and related laws;

4. Inspection procedures:

a) For projects as specified in Clause 1 of this Article, after commencement, the project owner shall report to the competent authority as stipulated in Clause 2 of this Article the following information: Name and contact address of the project owner, name of the project, construction location, scale and planned construction progress of the project;

b) The competent authority as stipulated in Clause 2 of this Article shall notify the project owner of the inspection plan; organize the inspection and notify the inspection results during construction not later than seven days from the end of the inspection period;

c) At least fifteen days before for special-class and Class I projects, or ten days before for other projects compared to the date the project owner plans to organize acceptance according to Clause 1 or Clause 3 of Article 31 of this Decree, the project owner must submit a request for inspection of the acceptance work of the project components or construction projects to the competent authority as stipulated in Clause 2 of this Article;

d) The competent authority as stipulated in Clause 2 of this Article shall inspect the project owner's acceptance work and issue a document approving the acceptance results of the project owner within fifteen days for special-class and Class I projects, or ten days for other projects from the end of the inspection. If the project owner needs to fulfill requirements as specified in Point đ of this Clause, the time limit will start from when the project owner completes these requirements;

đ) During the inspection process, the competent authority has the right to require the project owner and related parties to explain, rectify any existing issues (if any), and perform comparative testing, load testing, and quality certification of parts, components, or the entire project as prescribed in Article 29 of this Decree;

e) The competent authority may invite organizations or individuals with appropriate capabilities to participate in the inspection;

5. Costs for inspecting acceptance work during construction and upon completion of construction shall be budgeted, reviewed, approved by the project owner, and included in the total investment cost of the construction project;

6. The Ministry of Construction shall provide detailed guidance on inspecting acceptance work during construction and upon completion of construction projects.

Article 33. Establishment and storage of completion files for construction projects

1. Completion files for construction projects must be fully established by the project investor before putting individual project components or the entire project into operation.

2. Completion files for construction projects shall be established once for the entire investment project if all projects (project components) within the project are put into operation at the same time. In cases where projects (project components) within the project are put into operation at different times, separate completion files may be established for each project (project component).

3. The project investor shall organize the establishment and storage of a set of completion files for construction projects; other subjects participating in investment and construction activities shall store related files concerning their respective tasks. For residential buildings and cultural heritage sites, file storage must also comply with laws on housing and laws on cultural heritage.

4. The Ministry of Construction shall provide guidance on the list and retention period of completion files.

Article 34. Handover of project components and construction projects

1. The handover of project components and construction projects shall be carried out in accordance with Article 124 of the Construction Law.

2. Depending on specific conditions of the project, completed project components that have been accepted according to regulations may be handed over and put into operation based on the requirements of the project investor or the operating unit.

3. In cases where public-private partnership investment is applied, the competent state management agency signing the project contract must consider whether the conditions for transfer stipulated in the project contract and relevant legal regulations are met.

Article 35. Requirements for warranty of construction projects

1. The construction contractor and equipment supplier are responsible to the project investor for the warranty of the work they undertake.

2. The warranty period for new or renovated construction projects or project components is calculated from the date of acceptance as specified in Clause 1 and Clause 3 of Article 31 of this Decree and is defined as follows:

a) Not less than 24 months for special grade and first-grade projects or project components;

b) Not less than 12 months for remaining projects or project components;

c) For residential buildings, the warranty period is defined by laws on housing.

3. The warranty period for construction equipment and technological equipment is determined according to the construction contract but shall not be shorter than the manufacturer's warranty period and is calculated from the date of acceptance of the installation work.

4. Depending on the specific conditions of the project, the project investor may agree with the contractor on a separate warranty period for one or more project components or construction and installation packages outside the general warranty period for the project as stipulated in Clause 2 of this Article, but it shall not be shorter than the warranty period specified in Clause 2 and Clause 3 of this Article.

5. For project components that have quality defects or incidents during construction and have been repaired or rectified by the contractor, the warranty period for these project components may be extended based on an agreement between the project investor and the construction contractor prior to acceptance.

6. The project investor must agree in the construction contract with the contractors involved in the construction project regarding the rights and responsibilities of the parties in the warranty of construction projects; the warranty period for construction projects, construction equipment, and technological equipment; the warranty amount; the retention, use, refund of the warranty amount, and the replacement of the construction project warranty amount with a bank warranty letter of equivalent value. The above contractors can only be refunded the warranty amount or released from the bank warranty letter after the warranty period has ended and the project investor confirms that the warranty work has been completed.

7. For projects using state capital, the minimum warranty amount is defined as follows:

a) 3% of the contract value for special grade and first-grade construction projects;

b) 5% of the contract value for remaining construction projects;

c) The warranty amount for projects using other capital may refer to the minimum levels specified in Point a and Point b of this Clause for application.

Article 36. Implementation of warranty for construction works

1. During the warranty period of construction works, when defects or damages are discovered, the owner or the manager/user of the work shall notify the investor to request the contractor to carry out the warranty.

2. The contractor shall assign tasks to be carried out after receiving the warranty request notification from the investor, owner, or manager/user of the work for defects occurring during the warranty period and shall bear all costs related to the warranty implementation.

3. The contractor may refuse to provide warranty in cases where the defects or damages are not caused by the contractor's fault or due to force majeure. In case the defects or damages are caused by the contractor's fault and the contractor does not implement the warranty, the investor has the right to use the warranty money to hire another organization or individual to perform the warranty. The investor or the manager/user of the work shall be responsible for operating and maintaining the construction work according to the regulations during its operation and use.

4. The investor shall be responsible for inspecting and accepting the warranty implementation of the construction work contractor and equipment supplier.

5. Confirmation of completion of warranty for construction works:

a) Upon completion of the warranty period, the construction work contractor and equipment supplier shall prepare a report on the completion of the warranty work and submit it to the investor. The investor shall confirm the completion of the warranty for the construction work in writing to the contractor.

b) The owner or the manager/user of the work shall participate in confirming the completion of the warranty for the construction work contractor and equipment supplier upon request of the investor.

6. The surveyor, designer, construction contractor, equipment supplier, and other relevant contractors shall be responsible for the quality of their respective works even after the warranty period.

Chapter V

MAINTENANCE OF CONSTRUCTION WORKS

Article 37. Procedure for implementing maintenance of construction works

1. Establish and approve the maintenance procedure for construction works.

2. Develop plans and budgets for maintenance of construction works.

3. Implement maintenance and manage the quality of maintenance work.

4. Evaluate the load-bearing safety and operational safety of construction works.

5. Establish and manage maintenance records for construction works.

Article 38. Maintenance procedure for construction works

1. The main contents of the maintenance procedure for construction works include:

a) Technical specifications and technology of the construction works, parts of the works, and installed equipment;

b) Regulations on objects, methods, and frequency of inspection of the works;

c) Regulations on the content and guidance for maintenance of the works suitable for each part of the works, type of works, and installed equipment;

d) Regulations on timing and guidance for periodic replacement of installed equipment;

đ) Guidance on repair methods for defects of the works and handling cases of deterioration of the works;

e) Regulations on the service life of the works;

g) Regulations on the content and time of regular assessment for works that must be assessed for safety during operation according to relevant laws;

h) Determine the timing, objects, and content required for regular inspection;

i) Regulations on timing, methods, and cycles of monitoring for works requiring monitoring;

k) Other guidance related to maintenance of construction works and regulations to ensure safe working conditions and environmental hygiene during maintenance of construction works.

2. Responsibilities for establishing and approving the maintenance procedure for construction works:

a) The construction project designer shall establish and hand over to the investor the maintenance procedure for construction works, parts of the works, and implementation drawings after basic design; update the maintenance procedure to be consistent with changes in design during construction (if any) before acceptance of the construction works and putting them into use;

b) The equipment supplier shall establish and hand over to the investor the maintenance procedure for the equipment they supply before installation into the works;

c) If the construction project designer or equipment supplier cannot establish the maintenance procedure, the investor may hire another consulting unit with sufficient capacity to establish the maintenance procedure for the objects mentioned in Points a and b of this Clause and shall be responsible for paying the consulting fees;

d) The investor shall organize the establishment and approval of the maintenance procedure in accordance with Point b of Clause 1, Article 126 of the Construction Law. The investor, owner, or manager/user of the works may hire a consulting unit with sufficient capacity to review part or all of the maintenance procedure for construction works established by the designer as the basis for approval;

đ) For construction works already put into operation but without a maintenance procedure, the owner or manager/user of the works shall organize the establishment and approval of the maintenance procedure for construction works, and may organize the inspection of the quality of construction works as the basis for establishing the maintenance procedure for construction works if necessary. The maintenance procedure must clearly define the remaining service life of the works.

3. It is not mandatory to establish a separate maintenance procedure for each construction work of Class III or lower, single-family houses, and temporary works, except where otherwise provided by law. Owners or managers/users of these works still have to maintain construction works according to the provisions on maintenance of construction works under this Decree.

4. In cases where there are technical standards for maintenance or similar construction maintenance procedures that are suitable, the owner or manager of the construction may apply such technical standards or procedures to their construction without having to establish a separate maintenance procedure.

5. Adjustment of construction maintenance procedures:

a) The owner or manager of the construction has the right to adjust the maintenance procedure when they identify unreasonable factors that could affect the quality of the construction, impacting its operation and use, and shall be responsible for their decision;

b) The contractor who establishes the maintenance procedure has the obligation to amend, supplement, or change unreasonable contents within the maintenance procedure if it is due to their fault, and has the right to refuse unreasonable requests to adjust the maintenance procedure from the owner or manager of the construction;

c) The owner or manager of the construction has the right to hire another contractor with sufficient capacity to perform amendments, supplements, or changes to the maintenance procedure if the original contractor does not carry out these tasks. The contractor implementing the amendment or supplementation of the construction maintenance procedure must bear responsibility for the quality of the work they perform;

d) For constructions using technical maintenance standards to implement maintenance, when these standards are amended or replaced, the owner or manager of the construction is responsible for carrying out maintenance according to the amended content;

đ) The owner or manager of the construction is responsible for approving the contents of the adjustment of the maintenance procedure, except where the law provides otherwise.

Article 39. Construction Maintenance Plan            

1. The owner or manager of the construction establishes an annual maintenance plan for the construction based on the approved maintenance procedure and the current condition of the construction.

2. The main contents of the construction maintenance plan include:

a) Name of the work to be performed;

b) Implementation time;

c) Method of implementation;

d) Implementation costs.

3. The maintenance plan can be amended or supplemented during the implementation process. The owner or manager of the construction decides on the amendment or supplementation of the construction maintenance plan.

4. The repair of construction works and equipment, depending on the cost level, shall be carried out as follows:

a) In the case of repairing construction works and equipment with costs under five hundred million VND from state budget funds, the owner or manager of the construction independently decides on the repair plan with the following contents: name of the construction part or equipment needing repair or replacement; reason for repair or replacement, repair or replacement objectives; volume of work; estimated cost, expected implementation time, and completion time;

b) In the case of repairing construction works and equipment with implementation costs of five hundred million VND or more from state budget funds, the owner or manager of the construction organizes the preparation, submission for review, and approval of economic and technical reports or investment project plans for construction in accordance with the law on construction investment;

c) For repair work on construction that does not use funds from state budget sources, it is encouraged for the owner or manager of the construction to refer to and apply the contents specified in Points a and b of this Clause.

Article 40. Implementation of Construction Works Maintenance

1. The owner or the person managing and using the construction works shall organize the inspection, maintenance, and repair of the construction works according to the approved maintenance procedure if they have the necessary capacity, or hire an organization with the necessary capacity to carry out these tasks.

2. Regular, periodic, and emergency inspections of the construction works shall be conducted to promptly identify signs of deterioration and damages to the construction works and installed equipment, serving as the basis for maintenance of the construction works.

3. Maintenance of the construction works shall be carried out according to the annual maintenance plan and the approved construction works maintenance procedure.

4. Repair of the construction works includes:

a) Periodic repair of the construction works including repairing damaged parts or replacing damaged parts or equipment installed in the construction works, carried out periodically as prescribed in the maintenance procedure;

b) Emergency repair of the construction works shall be carried out when parts or the construction works are damaged due to sudden impacts such as wind, storms, floods, earthquakes, collisions, fires, and other sudden impacts, or when parts or the construction works show signs of deterioration affecting the safety of operation, use, and exploitation of the construction works.

5. Quality inspection of the construction works for maintenance purposes shall be carried out in the following cases:

a) Periodic inspection according to the approved construction works maintenance procedure;

b) When quality defects of some parts or the construction works are discovered, indicating danger and not ensuring safety for exploitation and use;

c) When there is a request to assess the current quality of the construction works to serve the establishment of a maintenance procedure for construction works that have been put into use but do not yet have a maintenance procedure;

d) When there is a need for a basis to decide on extending the service life of the construction works that have reached their design lifespan, or as a basis for renovation and upgrading of the construction works;

e) When requested by the competent state management agency for construction.

6. Monitoring of the construction works for maintenance purposes must be carried out in the following cases:

a) National important construction works, construction works where incidents may lead to disasters;

b) Construction works showing signs of settlement, tilting, cracking, and other abnormal signs that could cause collapse of the construction works;

c) According to the requirements of the investor, the owner, or the person managing and using the construction works;

The Ministry of Construction and specialized construction works management ministries shall stipulate the list of construction works that must be monitored during exploitation and use.

7. In cases where there are multiple owners of the construction works, in addition to being responsible for maintaining the part of the construction works under their own ownership, the owners shall also be responsible for maintaining the common part of the construction works in accordance with relevant laws.

8. For construction works that have not yet been handed over to the owner or the person managing and using the construction works, the Investor shall be responsible for establishing a construction works maintenance plan and implementing the maintenance of the construction works according to the contents prescribed in this Article and Article 39 of this Decree. The Investor shall be responsible for handing over the construction works maintenance file to the Owner or the person managing and using the construction works before handing over the construction works for exploitation and use.

Article 41. Quality Management of Construction Works Maintenance

1. The regular, periodic, and spot inspections of construction works shall be carried out by the owner or the manager/user of the works through visual inspection, monitoring data (if available), or specialized testing equipment when necessary.

2. The maintenance work of construction works shall be conducted step-by-step according to the procedures for maintaining construction works. The results of the maintenance work must be recorded and documented; the owner or the manager/user of the works shall be responsible for confirming the completion of the maintenance work and managing it in the maintenance documentation of the construction works.

3. The owner or the manager/user of the works shall be responsible for organizing supervision and acceptance of repair construction work; establishing, managing, and retaining repair documentation of the works in accordance with laws on construction project management and other relevant laws.

4. Repair work of construction works must be guaranteed for at least six months for works from Class II downwards and for at least twelve months for works from Class I upwards.

5. The owner or the manager/user of the works shall agree with the contractor on the rights and responsibilities for guaranteeing repairs, the duration of the guarantee, and the guarantee amount for repair work during the implementation of construction works maintenance.

6. The owner or the manager/user of the works shall be responsible for organizing supervision and acceptance of repair construction work; establishing, managing, and retaining repair documentation of the works in accordance with the law.

7. In cases where there are requirements for monitoring or quality testing, the owner or the manager/user of the works must hire organizations with sufficient capacity to carry out such tasks. If necessary, the owner or the manager/user may hire independent organizations to evaluate the reports of quality testing and monitoring results.

8. Documentation for construction works maintenance includes:

a) Documentation serving maintenance work including the maintenance procedure for construction works, as-built drawings, equipment installation records within the works, and other necessary documents for construction works maintenance;

b) The investor shall be responsible for transferring the documentation for construction works maintenance to the owner or the manager/user of the works before handing over the works for operation and use.

9. Documentation for construction works maintenance includes:

a) The documentation serving maintenance work as specified in Clause 8 of this Article;

b) Maintenance plan;

c) Results of regular and periodic inspections of the works;

d) Results of maintenance and repair work of the works;

đ) Monitoring results, quality testing results of the works (if applicable);

e) Safety assessment and operational results of the works during operation and use (if applicable);

g) Other related documents.

Article 42. Costs of Construction Works Maintenance

1. The maintenance costs of construction works are formed from the following sources:

a) State budget (central budget, local budget) allocated annually for projects using state budget capital;

b) Revenue from fees for using construction works outside the state budget;

c) Capital of the investor and owner for commercial works;

d) Contributions and mobilization from organizations and individuals;

đ) Other lawful sources of capital.

2. Costs of preparing and reviewing the maintenance procedure for construction works:

a) The costs of preparing and reviewing the maintenance procedure for construction works are included in the total investment cost of the construction works;

b) The costs of preparing and reviewing the maintenance procedure for construction works that have been put into operation but do not yet have a maintenance procedure are included in the maintenance costs of the construction works;

c) Adjustments to the maintenance procedure for construction works are included in the maintenance costs of the construction works. The contractor who prepares the maintenance procedure for construction works shall be responsible for paying the costs of implementing adjustments to the maintenance procedure if such adjustments are required due to their own fault.

3. Budget estimate for construction works maintenance:

a) The budget estimate for construction works maintenance (hereinafter referred to as the maintenance budget estimate) is determined based on specific maintenance work and serves as the basis for the owner or the manager/user of the works to manage the maintenance costs of the construction works;

b) The maintenance budget estimate is prepared based on the volume of work determined according to the maintenance plan and the construction unit price prescribed by the competent authority to serve the maintenance of construction works to implement the work volume;

c) The owner or the manager/user of the works shall be responsible for organizing the preparation, review, and approval of the maintenance budget estimate for works using state budget capital and non-budget state capital to implement construction works maintenance.

For works using other sources of capital, it is encouraged for the owner or the manager/user of the works to organize the preparation, review, and approval of the budget estimate for maintenance costs;

d) Agencies specified in Clauses 2, 3, and 4 of Article 51 of this Decree shall base on the method of establishing construction norms for maintenance of construction works guided by the Ministry of Construction to establish and publish construction norms for maintenance suitable for the characteristics of the Ministry, locality, and send them to the Ministry of Construction for monitoring and management.

4. The owner of the works or the manager/user of the works shall approve the maintenance budget estimate for construction works in accordance with the law on cost management in construction activities.

5. Management, settlement, and final accounting of construction works maintenance costs:

a) For construction works using state budget capital, the owner or the manager/user of the works shall be responsible for managing, settling, and finalizing the maintenance costs of the construction works in accordance with the State Budget Law and other relevant laws.

b) For construction works not using state budget funds to implement maintenance, the owner or manager/user of the work shall be responsible for managing the financial resources for implementing maintenance and settling and finalizing the costs of maintaining the construction work.

6. In the case provided for in Clause 8, Article 40 of this Decree, the maintenance cost of construction works shall be included in the total investment ceiling of the construction works.

Article 43. Safety Load Assessment and Operational Safety Assessment of Construction Works During Operation and Use

1. National important construction works, large-scale construction works with complex technology, and those affecting community safety must be periodically assessed regarding the safety of the works during operation and use.

2. The assessment content includes load safety and operational safety during the operation and use of the works. Fire prevention and firefighting safety, nuclear safety, and other safety assessment contents shall be carried out in accordance with relevant laws.

3. The owner or manager/user of the work must organize periodic assessments on load safety and operational safety of the work, submit the assessment results to the competent authority specified in Clause 4 of this Article for monitoring and inspection.

4. Inspection authority over the safety load assessment and operational safety assessment during the operation and use of construction works:

a) The specialized agencies under the Ministry of Construction and the specialized construction management ministries shall inspect construction works of Class I and above as stipulated in Clause 1 and Clause 2 of Article 51 of this Decree according to the specialized management sector;

b) Provincial Construction Departments and specialized construction management departments shall inspect construction works of Class II and below as stipulated in Clause 4 of Article 51 of this Decree according to the specialized management sector;

c) The Ministry of National Defense and the Ministry of Public Security shall organize inspections for defense and security construction works.

5. The costs for conducting safety assessments of construction works during operation and use include quality testing costs, expert tax costs, and other necessary costs paid by the owner or manager/user of the work and included in the maintenance costs of construction works.

6. The Ministry of Construction shall take the lead and coordinate with specialized construction management ministries, the Ministry of National Defense, and the Ministry of Public Security to specify the types of construction works, frequency of assessment, and procedures for assessing load safety and operational safety of construction works during operation and use.

Article 44. Handling of Construction Works Showing Dangerous Signs and Not Ensuring Safety for Operation and Use

1. When discovering construction works or parts thereof showing dangerous signs and not ensuring safety for operation and use, the owner or manager/user of the work shall have the responsibility to perform the following tasks:

a) Recheck the current condition of the work;

b) Organize quality testing of the work (if necessary);

c) Decide to implement emergency measures such as limiting the use of the work, stopping the use of the work, and moving people and assets to ensure safety if there is a risk of collapse;

d) Report immediately to the nearest local authority;

đ) Repair damages that may affect the safe use and operational safety of the work or demolish the work if necessary.

2. When discovering or receiving information about parts of construction works or construction works showing dangerous signs and not ensuring safety for operation and use, the local authority shall have the responsibility to:

a) Organize inspections, notify, require, and guide the owner or manager/user of the work to organize surveys, quality testing, assess the level of danger, and carry out repairs or demolition of parts of the work or the work if necessary;

b) Require the owner or manager/user of the work to implement the emergency measures specified in Point c, Clause 1 of this Article if the owner or manager/user of the work does not proactively implement them to ensure safety;

c) In cases where old residential buildings or residential buildings showing dangerous signs may lead to a risk of collapse, the competent state management agency shall have the responsibility to take the lead and coordinate with the owner or manager/user to immediately implement safety measures, including limiting the use of the work, stopping the use of the work, and moving people and assets if necessary to ensure safety;

d) Handle the responsibility of the owner or manager/user of the work according to the provisions of the law when they fail to comply with the requirements of the competent state management agency as stipulated in Clause 2 of Article 45 of this Decree.

3. Specifically, for old residential buildings or residential buildings showing dangerous signs and not ensuring safety for operation and use, the owner or manager/user of the work shall implement the provisions of this Decree and other laws on housing.

4. Every citizen has the right to inform the owner or manager/user of the work, the competent state management agency, or mass media when discovering accidents or dangerous signs in parts of construction works or construction works that do not ensure safety for operation and use to handle promptly.

5. The owner or manager/user of the work, the competent state management agency upon receiving information about accidents or dangerous signs in parts of construction works or construction works that do not ensure safety for operation and use shall have the responsibility to apply the safety measures specified in Point c, Clause 1 of this Article. If timely handling is not carried out, causing damage to people and property, they shall bear legal responsibility.

Article 45. Handling of construction works that have exceeded their service life but still require continued use

1. When a construction work exceeds its service life, the owner or the manager/user of the work must carry out the following tasks:

a) Organize inspections, tests, and evaluations of the current quality of the work.

b) Reinforce, renovate, and repair any damage to the work (if any) to ensure functionality and safety before considering and deciding on the continued use of the work;

c) Independently decide on continued use after performing the tasks mentioned in Points a and b of this Clause, except for works specified in Point d of this Clause;

d) Report the results of inspection, testing, and quality assessment of the work, and the results of repairs (if any) to the agencies specified in Clause 2 of this Article to be considered and approved for extending the service life of the works specified in Appendix II of this Decree;

2. Responsibilities for notification and authority to handle construction works that have exceeded their service life but still require continued use:

a) The Ministry of Construction and specialized construction management ministries for special-grade works under their jurisdiction as stipulated in Clauses 1 and 2 of Article 51 of this Decree;

b) Provincial People's Committees for Grade I and II works within their administrative areas;

c) District People's Committees for remaining works within their administrative areas;

d) The Ministry of National Defense and the Ministry of Public Security shall specify the responsibilities for notification and authority to handle construction works that have exceeded their service life but still require continued use for defense and security works;

đ) For residential buildings, handling authority is governed by laws on housing;

3. The decision on the extended period of continued use of a work is based on the technical condition, specific usage requirements, type, and grade of the work;

4. Cases where continued use is not allowed for works that have exceeded their service life:

a) The owner or the manager/user of the work does not have a need for continued use;

b) The owner or the manager/user of the work has implemented the provisions of Clause 1 of this Article but the work does not meet safety standards;

5. The owner or the manager/user of the work is responsible for demolishing the work as specified in Clause 4 of this Article;

Chapter VI

CONSTRUCTION ACCIDENTS

Article 46. Classification of incidents during construction and operation of works

Incidents are classified into three levels according to the degree of damage to the work and human casualties, including Level I, Level II, and Level III incidents as follows:

1. Level I incidents include:

a) Construction incidents causing death of six or more people;

b) Collapse or failure of Grade I or higher works or damage with potential risk of collapse or failure of Grade I or higher works;

2. Level II incidents include:

a) Construction incidents causing death of one to five people;

b) Collapse or failure of Grade II or III works or damage with potential risk of collapse or failure of Grade II and III works;

3. Level III incidents include all other incidents not covered by construction incidents specified in Clauses 1 and 2 of this Article;

Article 47. Reporting of construction incidents

1. Immediately upon occurrence of an incident, the project owner must report a summary of the incident to the People's Committee of the commune where the incident occurred and their superior agency. Upon receiving information, the People's Committee of the commune must report the incident to the People's Committee of the district and province;

2. Within 24 hours from the time of the incident, the project owner must submit a written report on the incident to the People's Committee of the district and province where the incident occurred. In cases involving human casualties, the project owner must also send reports to the Ministry of Construction and other competent state management agencies as prescribed by relevant laws;

3. After receiving the written report or obtaining information about the incident, the People's Committee of the province is responsible for submitting the incident report to the Ministry of Construction and the specialized construction management ministry for Level I incidents and other incidents involving human casualties;

4. Competent state management agencies have the right to request the project owner and related parties to provide information about the incident;

5. In cases where incidents occur during the operation and use of works, the owner or the manager/user is responsible for implementing the provisions of Clauses 1, 2, and 3 of this Article.

Article 48. Handling Construction Accidents

1. When an accident occurs, the project owner and the construction contractor have the responsibility to promptly implement measures to search for, rescue, ensure safety for people and property, limit and prevent further dangers; organize protection of the accident site and report according to the provisions of Article 47 of this Decree. The People's Committees at all levels shall direct and support the relevant parties to organize rescue forces, protect the accident site, and perform other necessary tasks during the handling of the accident.

2. The provincial People's Committee shall be responsible for mainly handling construction accidents and performing the following tasks:

a) Reviewing and deciding to suspend, temporarily halt construction or exploitation and use of parts of the project, a portion, or the entire project depending on the extent and scope of the accident;

b) Reviewing and deciding on the demolition and cleanup of the accident site based on meeting the following requirements: Ensuring safety for people, property, projects, and nearby projects. The accident site must be photographed, filmed, evidence collected, and necessary records kept to serve the investigation of the cause of the accident and the establishment of an accident file before demolition and cleanup;

c) Notifying the results of the investigation of the cause of the accident to the project owner and other related subjects; requirements that the project owner, owner, or related parties must fulfill to rectify the accident;

d) Handling the responsibility of the related parties according to the provisions of the law;

đ) Based on the actual conditions of the locality, the provincial People's Committee may delegate the district People's Committee to mainly handle construction accidents of Class III.

3. During the construction process, the project owner and construction contractor, or during the exploitation and use process, the owner, manager, and user shall be responsible for rectifying the accident according to the requirements of the competent state agency. After rectifying the accident, the agency with authority as stipulated in Clause 2 of this Article shall decide on continuing construction or putting the project into use.

4. Organizations and individuals causing the accident shall be responsible for compensating for losses and costs for rectifying the accident according to the nature, extent, and scope of impact of the accident.

Article 49. Investigation of the Cause of Construction Accidents

1. The authority to mainly organize the investigation of the cause of construction accidents is defined as follows:

a) The Ministry of Construction and specialized construction management ministries shall mainly organize the investigation of the cause of Class I accidents for specialized construction projects according to the management responsibilities specified in Clause 1 and Clause 2 of Article 51 of this Decree, except in cases otherwise required by the Prime Minister;

b) The provincial People's Committee shall organize the investigation of causes of Class II and Class III accidents within its jurisdiction. The provincial People's Committee may request the specialized construction management ministry to cooperate or carry out the investigation of the cause of the aforementioned accidents when necessary;

c) The Ministry of National Defense and the Ministry of Public Security shall organize the investigation of the cause of accidents involving defense and security projects.

2. The competent authority as stipulated in Clause 1 of this Article shall establish an Accident Investigation Team to investigate the cause of the accident. The Accident Investigation Team includes representatives from units of the main accident handling agency, related agencies, and experts in technical fields related to the accident. In necessary cases, the main accident handling agency may designate an inspection organization to conduct quality inspections to serve the evaluation of the cause of the accident and propose solutions to rectify it.

For serious accidents, the Prime Minister decides to establish a Commission or an Accident Investigation Team headed by the Ministry of Construction, coordinating with related agencies to investigate the cause of the accident.

3. Content of the investigation of the cause of the accident:

a) Collecting relevant files, documents, technical data, and conducting specialized work to determine the cause of the accident;

b) Evaluating the safety level of the project after the accident;

c) Assigning responsibility among organizations and individuals involved;

d) Establishing an accident cause investigation file, including: Report on the investigation of the cause of the accident and related documents during the investigation of the cause of the accident.

4. Costs for organizing the investigation of the cause of construction accidents

a) In cases where a construction accident occurs during the construction process, the project owner shall be responsible for paying the costs for organizing the investigation of the cause of the construction accident. After the results of the investigation of the cause of the construction accident and the assignment of responsibility, the organization or individual causing the construction accident shall be responsible for paying the costs for organizing the investigation of the cause of the accident mentioned above. In cases where the construction accident is caused by force majeure, the responsibility for paying the costs for organizing the investigation of the cause of the accident shall be carried out according to the relevant construction contract;

b) In cases where a construction accident occurs during the exploitation and use process, the owner or manager and user of the project shall be responsible for paying the costs for organizing the investigation of the cause of the construction accident. After the results of the investigation of the cause of the construction accident and the assignment of responsibility, the organization or individual causing the construction accident shall be responsible for paying the costs for organizing the investigation of the cause of the accident mentioned above. In cases where the construction accident is caused by force majeure, the responsibility for paying the costs for organizing the investigation of the cause of the accident shall be borne by the owner or manager and user of the project.

Article 50. Construction Project Accident Files

The project investor, owner, or manager/user shall be responsible for preparing accident files including the following contents:

1. On-site inspection report of the accident with the following contents: Name of the construction project, section of the construction project where the accident occurred; location of the construction project, time of occurrence, preliminary description and development of the accident; condition of the construction project at the time of the accident; preliminary situation regarding casualties and material losses; preliminary cause of the accident.

2. Documents related to the design and construction of the construction project concerning the accident.

3. File on the investigation of the cause of the accident.

4. Documents related to the process of handling the accident.

Chapter VII

STATE MANAGEMENT OF QUALITY OF CONSTRUCTION PROJECTS

Article 51. State Management Responsibility for the Quality of Construction Projects

1. The Ministry of Construction shall uniformly manage the state's responsibility for the quality of construction projects nationwide and manage the quality of specialized construction projects, including: Civil construction projects; construction projects of building materials industry; light industrial construction projects; technical infrastructure projects; urban transportation construction projects excluding railway projects, river-crossing bridge projects, and national highways.

2. Ministries managing specialized construction projects:

a) The Ministry of Transport manages the quality of transportation construction projects excluding those managed by the Ministry of Construction;

b) The Ministry of Agriculture and Rural Development manages the quality of agricultural construction projects and rural development projects;

c) The Ministry of Industry and Trade manages the quality of industrial construction projects excluding those managed by the Ministry of Construction.

3. The Ministry of National Defense and the Ministry of Public Security manage the quality of defense and security construction projects.

4. Provincial People's Committees manage the state's responsibility for the quality of construction projects within their jurisdiction. The Department of Construction and other Departments managing specialized construction projects assist the Provincial People's Committee in managing the quality of specialized construction projects within their jurisdiction as follows:

a) The Department of Construction manages the quality of civil construction projects; construction projects of the building materials industry, light industrial construction projects; technical infrastructure projects; urban transportation construction projects excluding railway projects, river-crossing bridge projects, and national highways;

b) The Department of Transportation manages the quality of transportation construction projects excluding those managed by the Department of Construction.

c) The Department of Agriculture and Rural Development manages the quality of agricultural construction projects and rural development projects;

d) The Department of Industry and Trade manages the quality of industrial construction projects excluding those managed by the Department of Construction.

Article 52. Contents of Uniform State Management Responsibility for the Quality of Construction Projects by the Ministry of Construction

1. Issuing and guiding normative legal documents within its authority on the management of the quality of construction projects.

2. Organizing regular inspections according to plans and spot checks on the quality management work of ministries, sectors, localities, and entities participating in construction projects, and inspecting the quality of construction projects when necessary.

3. Requesting and urging specialized construction project management ministries and provincial people's committees to implement inspections on quality management work and the quality of construction projects within their management scope.

4. Guiding the registration of information on the capacity for construction activities of organizations and individuals nationwide and publishing it on the electronic information website managed by the Ministry in accordance with regulations.

5. Reviewing construction project designs in accordance with the provisions of the Decree on construction project investment management.

6. Inspecting the acceptance procedures for specialized construction projects under its management scope and coordinating with specialized construction project management ministries to inspect specialized construction projects in accordance with Article 32 of this Decree.

7. Guiding costs for preparing, reviewing, and adjusting maintenance procedures; identifying organizations and individuals responsible for maintaining construction projects and guiding contributions to maintenance costs for projects under its management scope; guiding methods for preparing maintenance budgets for construction projects and organizing the establishment and publication of construction norms serving maintenance of construction projects.

8. Inspecting the implementation of construction project maintenance, evaluating load-bearing safety and operational safety during operation and use.

9. Considering and deciding on continued use of construction projects that have reached their designed lifespan, handling construction projects showing signs of deteriorating quality and not ensuring safety for operation and use, and announcing information on projects that can continue to be used beyond their service life and temporarily suspended use for projects under its management scope.

10. Leading and coordinating with relevant ministries, ministerial-level agencies, and localities to conduct inspections and checks on compliance with laws on construction project maintenance nationwide.

11. Organizing quality inspections for construction projects specified in Clause 1, Article 51 of this Decree upon request or when discovering projects with quality not meeting design requirements and posing risks of losing load-bearing safety.

12. Organizing investigations into the causes of accidents in accordance with Article 49 of this Decree for construction projects specified in Clause 1, Article 51 of this Decree.

13. Leading the organization of awards for construction project quality in accordance with Article 9 of this Decree.

14. Summarizing and reporting annually to the Prime Minister on the quality situation and quality management work of construction projects nationwide and reporting promptly when required.

15. Handling violations related to construction project quality management in accordance with regulations.

16. Implementing other management contents in accordance with laws related to construction project quality management.

Article 53. Contents of State Management on Construction Project Quality by Other Ministries and Sectors

1. Ministries managing specialized construction projects shall be responsible for managing construction project quality as follows:

a) Guide the implementation of legal normative documents on construction project quality management applicable to specialized construction projects;

b) Organize regular inspections according to plans, and spot checks on the quality management work of entities participating in construction projects and inspect the quality of specialized construction projects under their management when necessary or upon request from the Ministry of Construction;

c) Report to the Ministry of Construction the inspection plan, inspection results on quality management work, and the quality of construction projects under their management;

d) Implement provisions from Clause 5 to Clause 9 of Article 52 of this Decree for specialized construction projects under their management;

đ) Coordinate with the Ministry of Construction and relevant localities to conduct inspections and checks on compliance with legal regulations on construction project maintenance throughout the country;

e) Organize quality appraisals for construction projects as stipulated in Clause 2 of Article 51 of this Decree when requested or when discovering that projects have quality issues not meeting design requirements and posing a risk of structural safety loss;

g) Organize cause investigations for incidents as stipulated in Article 49 of this Decree for construction projects specified in Clause 2 of Article 51 of this Decree;

h) Coordinate with the Ministry of Construction to organize awards for construction project quality as stipulated in Article 9 of this Decree.

2. The Ministry of National Defense and the Ministry of Public Security shall be responsible for managing construction project quality as follows:

a) Guide the implementation of legal normative documents on construction project quality management for national defense and security;

b) Organize regular inspections according to plans, and spot checks on the quality management work of entities participating in construction projects and inspect the quality of national defense and security construction projects managed by the Ministry;

c) Implement provisions from Clause 5 to Clause 9 of Article 52 of this Decree for national defense and security construction projects;

d) Inspect compliance with legal regulations on construction project maintenance for national defense and security projects;

đ) Organize quality appraisals for construction projects as stipulated in Clause 3 of Article 51 of this Decree when requested or when discovering that projects have quality issues not meeting design requirements and posing a risk of structural safety loss;

e) Organize cause investigations for incidents as stipulated in Article 49 of this Decree for construction projects specified in Clause 3 of Article 51 of this Decree.

3. Ministries managing specialized construction projects and other ministries and sectors shall aggregate and report to the Ministry of Construction on the quality situation and quality management work of construction projects under their management before December 15 each year and provide special reports when required.

Article 54. Responsibilities of Provincial People's Committees for State Management on Construction Project Quality

1. Delegate responsibilities for state management on construction project quality to specialized construction project management departments and district-level People's Committees.

Based on specific conditions of the locality, provincial People's Committees may delegate functions for state management on construction project quality to industrial park management boards, economic zone management boards, and high-tech park management boards for construction projects within their jurisdiction.

2. Guide the implementation of legal normative documents on construction project quality management within their jurisdiction.

3. Inspect compliance with the provisions of this Decree by organizations and individuals involved in construction projects within their jurisdiction.

4. Guide the determination of organizations and individuals responsible for maintaining construction projects in accordance with the type of project, maintenance funding sources, and ownership forms.

5. Inspect the implementation of construction project maintenance and evaluate the safety of projects as prescribed.

6. Organize cause investigations for incidents as stipulated in Article 49 of this Decree for construction projects within their jurisdiction as specified in Clause 4 of Article 51 of this Decree.

7. Organize quality appraisals when requested for construction projects within their jurisdiction as specified in Clause 4 of Article 51 of this Decree.

8. Coordinate with the Ministry of Construction to organize awards for construction project quality as stipulated in Article 9 of this Decree.

9. Aggregate and report to the Ministry of Construction on the quality situation and quality management of construction projects within their jurisdiction before December 15 each year and provide special reports when required.

Article 55. Responsibilities of specialized agencies assisting the Provincial People's Committee in state management of construction project quality

1. The Construction Department shall be the lead agency assisting the provincial-level People's Committee in unified state management of construction project quality within its jurisdiction, performing the following tasks:

a) Submitting to the Chairman of the provincial-level People's Committee for issuance of guiding documents to implement legal regulations on construction project quality management within its jurisdiction;

b) Guiding district-level People's Committees, organizations, and individuals participating in construction activities to comply with legal regulations on construction project quality management;

c) Regularly and periodically inspecting, and conducting surprise inspections of the quality management work of agencies, organizations, and individuals participating in construction activities and the quality of construction projects within its jurisdiction;

d) Leading and coordinating with specialized construction project management departments to inspect compliance with regulations on specialized construction project quality management;

đ) Reviewing the design of specialized construction projects managed by the department in accordance with the Decree on construction project investment management;

e) Inspecting the acceptance work of specialized construction projects managed by the department in accordance with Article 32 of this Decree;

g) Inspecting the implementation of maintenance of construction projects and assessing their load-bearing safety and operational status during operation and use for specialized construction projects managed by the department;

h) Assisting the provincial-level People's Committee in organizing appraisals of construction projects when requested and organizing investigations into the causes of incidents in accordance with Article 49 of this Decree; monitoring, compiling, and reporting to the provincial-level People's Committee on incident situations within its jurisdiction;

i) Guiding the registration of information on the capacity for construction activities of organizations and individuals nationwide and publishing it on the electronic information website managed by the department in accordance with regulations;

k) Reporting regularly and urgently to the provincial-level People's Committee on compliance with regulations on construction project quality management and the situation of construction project quality within its jurisdiction;

l) Assisting the provincial-level People's Committee in compiling and reporting to the Ministry of Construction annually and urgently on the situation of construction project quality within its jurisdiction; reporting lists of contractors violating regulations on construction project quality management when participating in construction activities within its jurisdiction;

2. Specialized construction project management departments shall have the responsibility to:

a) Leading and coordinating with the Construction Department to regularly and periodically inspect, and conduct surprise inspections of the quality management work of organizations and individuals participating in specialized construction projects and the quality of specialized construction projects within its jurisdiction;

b) Implementing the provisions at Points đ and e Clause 1 of this Article for specialized construction projects under its management;

c) Coordinating with the Construction Department to organize appraisals of specialized construction projects when requested and investigating the causes of incidents for specialized construction projects; compiling and reporting to the provincial-level People's Committee and the Construction Department annually and urgently on the situation of specialized construction project quality within its jurisdiction;

3. District-level People's Committee construction management offices shall have the responsibility to:

a) Guiding commune-level People's Committees, organizations, and individuals participating in construction activities within its jurisdiction to comply with legal regulations on construction project quality management;

b) Periodically and urgently inspecting compliance with regulations on construction project quality management for construction projects authorized to make investment decisions and issue construction permits within its jurisdiction;

c) Coordinating with the Construction Department and specialized construction project management departments to inspect the implementation of construction project maintenance and assess the load-bearing safety and operational status of construction projects during operation;

d) Coordinating with the Construction Department and specialized construction project management departments to inspect construction projects within its jurisdiction when requested;

đ) Implementing the provisions at Points đ and e Clause 1 of this Article for projects classified to its level;

e) Reporting incidents and resolving them in accordance with this Decree;

g) Compiling and reporting annually and urgently to the provincial-level People's Committee and the Construction Department on compliance with regulations on construction project quality management and the situation of construction project quality within its jurisdiction;

4. Industrial zone management boards, economic zone management boards, and high-tech park management boards shall perform state management functions over construction project quality for projects within their jurisdiction when authorized by the provincial-level People's Committee.

Chapter VIII

IMPLEMENTING PROVISIONS

Article 56. Transitional Provisions

For construction works that commence before this Decree takes effect, the inspection of acceptance work to put the works into use shall continue to be carried out in accordance with the provisions of Government Decree No. 15/2013/NĐ-CP dated February 6, 2013 on construction quality management. For construction works that commence after this Decree takes effect, the inspection of acceptance work by the project owner during the construction process and upon completion of construction works shall be carried out in accordance with the provisions of this Decree.

Article 57. Organization and Implementation

1. This Decree shall take effect from July 1, 2015, and replace Government Decree No. 114/2010/NĐ-CP dated December 6, 2010 on maintenance of construction works and Government Decree No. 15/2013/NĐ-CP dated February 6, 2013 on construction quality management, except for contents related to design review by state management agencies for construction.

2. The Ministers, Heads of ministerial-level agencies, Heads of government-affiliated agencies, Chairpersons of provincial People's Committees under central cities, Heads of political organizations, political-social organizations, social-professional organizations, and other relevant organizations and individuals shall be responsible for implementing this Decree.

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