Decree No. 49/2008/ND-CP amending and supplementing certain articles of Decree No. 209/2004/ND-CP dated December 16, 2004 of the Government on Construction Quality Management.

 DECREE

AMENDING AND SUPPLEMENTING CERTAIN PROVISIONS OF THE DECREE NO. 209/2004/NĐ-CP OF DECEMBER 16, 2004 OF THE GOVERNMENT ON QUALITY MANAGEMENT OF CONSTRUCTION PROJECTS

_____________________

THE GOVERNMENT

Pursuant to the Law on Organization of the Government dated December 25, 2001;

Pursuant to the Construction Law dated November 26, 2003;

Considering the proposal of the Minister of Construction.

DECREE:

Article 1. Amending and supplementing certain provisions of Decree No. 209/2004/NĐ-CP dated December 16, 2004 of the Government on quality management of construction projects as follows:

1. Merge Article 5 into Article 4 and amend it as follows:

"Article 4. Classification and Grading of Construction Projects
1. Construction projects are classified into the following types:
a) Civil works;
b) Industrial works;
c) Transportation works;
d) Water conservancy works;
đ) Technical infrastructure works.
2. The grade of construction projects shall be determined according to each type of project based on the importance and scale of the project.
3. The Ministry of Construction shall specify the classification and grading of construction projects in the Technical Standards for Construction."

2. Amending Clause 3, Article 12 as follows:

"3. The acceptance of the results of construction survey must be recorded in a protocol including the following contents:

a) Object of acceptance (clearly state the name of the survey work, design stage of the construction project);

b) Direct participants in acceptance (project owner, construction survey contractor, construction supervision contractor, surveyor);

c) Time and place of acceptance;

d) Basis for acceptance;

đ) Evaluation of the construction survey results compared with approved survey tasks and survey plans;

e) Acceptance conclusion (acceptance or non-acceptance of the construction survey work; requirements for modification, supplementation, completion, and other recommendations if applicable)."

3. Amending Clause 1 of Article 16 as follows:

"1. Design documents must be organized for acceptance by the project owner after approval. The acceptance result must be recorded in a protocol including the following contents:

a) Object of acceptance (name of the project, part of the project designed; design stage);

b) Direct participants in acceptance (project owner, design contractor);

c) Time and place of acceptance;

d) Basis for acceptance;

đ) Quality and quantity evaluation of the design documents compared with the requirements set forth;

e) Acceptance conclusion (acceptance or non-acceptance of the design documents; requirements for modification, supplementation, and other recommendations if applicable)."

4. Amending and supplementing Clause 2 of Article 17 as follows:

"2. In cases where technical design changes do not alter the basic design or changes in construction drawings do not alter the previous design stage, the project owner may decide to approve the design change. The construction supervision contractor may adjust the construction drawings for the contents already approved by the project owner and shall bear responsibility for their adjustment decisions."

5. Amend and supplement Point d Clause 2 Article 24 as follows:

"d) Acceptance allowing the next work to proceed. The acceptance result must be recorded in a protocol including the following contents:

- Object of acceptance (clearly state the name of the work being accepted);

- Direct participants in acceptance;

- Time and place of acceptance;

- Basis for acceptance;

- Evaluation of the quality of the completed construction work;

- Acceptance conclusion (acceptance or non-acceptance of the acceptance, agreement to proceed with subsequent construction works; requirements for repair, completion of the completed work and other requirements if applicable)."

6. Amend and supplement Point d Clause 2 Article 25 as follows:

"d) Acceptance allowing the transition to the next construction phase. The acceptance result must be recorded in a protocol including the following contents:

- Object of acceptance (clearly state the name of the project component, construction phase being accepted);

- Direct participants in acceptance; time and place of acceptance;

- Basis for acceptance;

- Evaluation of the quality of the completed project component, construction phase;

- Acceptance conclusion (acceptance or non-acceptance of the acceptance and agreement to proceed with the next construction phase; requirements for repair, completion of the completed project component, construction phase and other requirements if applicable)."

7. Amend and supplement Point e Clause 2 Article 26 as follows:

"e) Acceptance for putting the construction project into operation. The acceptance result must be recorded in a protocol including the following contents:

- Object of acceptance (name of the project component or construction project being accepted);

- Direct participants in acceptance;

- Time and place of acceptance;

- Construction location;

- Participants in acceptance;

- Evaluation of the quality of the completed project component, construction project;

- Acceptance conclusion (acceptance or non-acceptance of the completion of the project component or construction project for use; requirements for repair, completion, and other opinions if applicable)."

8. Amend Article 28 as follows:

"Article 28. Certification of Adequate Load-Bearing Safety Conditions and Quality Conformity of Construction Projects

1. Mandatory inspection and certification of adequate load-bearing safety conditions before use for project components or construction projects that could cause disasters due to accidents.

2. Conduct conformity certification of construction project quality upon request from competent state authorities or at the initiative of the project owner based on the requirements of construction insurance organizations, organizations, and individuals purchasing, managing, or using the project. Encouragement is given to the application of conformity certification of construction project quality.

Article 2. 3. The Ministry of Construction shall guide the inspection and certification of adequate load-bearing safety conditions and quality conformity of construction projects.

Article 3. Transitional provisions

1. Within one year from the date this Decree takes effect, the Ministry of Construction must issue specific regulations on types and levels of construction projects in technical construction standards. During the period before these regulations are issued, it is permitted to continue applying the classification and level of construction projects as prescribed in Appendix No. 1 attached to Government Decree No. 209/2004/NĐ-CP dated December 16, 2004, on construction project quality management until the Ministry of Construction issues regulations on types and levels of construction projects in technical construction standards.

2. After this Decree takes effect, the project owner may draft new sample completion certificates themselves or use sample completion certificates stipulated in construction and acceptance standards or other regulatory documents, but they must ensure that the contents comply with Clauses 2, 3, 5, 6, and 7 of Article 1 of this Decree.

Article 4. Implementation provisions.

This Decree shall take effect fifteen days after its publication in the Official Gazette.

The Ministers, Heads of ministerial-level agencies, Heads of government-affiliated agencies, Chairpersons of provincial People's Committees under central cities, Chairpersons of State-owned enterprise Management Councils, and related organizations are responsible for implementing this Decree.