Circular No. 49/2016/TT-BTNMT stipulates on supervision, inspection, examination, and acceptance of works and products in the field of land management.

CIRCULAR

Regulations on supervision, inspection, evaluation, and acceptance of works and products in the field of land management

works, products in the land administration sector

 

The Government issues this Decree on management and development of industrial clusters.

Pursuant to Decree No. 43/2014/NĐ-CP dated May 15, 2014 of the Government detailing implementation of certain provisions of the Land Law;

On the basis of Decision No. 44/2014/NĐ-CP dated May 15, 2014, of the Government on land prices;

Pursuant to Decree No. 45/2015/NĐ-CP dated May 6, 2015 of the Government on surveying and mapping activities;

Pursuant to Decree No. 21/2013/NĐ-CP dated March 4, 2013, promulgated by the Government, stipulating the functions, tasks, powers, and organizational structure of the Ministry of Natural Resources and Environment;

At the request of the Director General of the Land Administration General Department and the Head of the Legal Department,

The Minister of Natural Resources and Environment issues this Circular to regulate the work of supervision, inspection, evaluation, and acceptance of works and products in the field of land management.

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

This Circular regulates supervision, inspection, evaluation, and acceptance for individual components of works or entire works and products under programs, projects, designs, technical estimates, land management tasks, or tasks with land management components including:

1. Surveying, creating cadastral maps, cadastral files, establishing files for land use right certificates, house ownership certificates, and certificates for other assets attached to land;

2. Building cadastral databases; planning and land use plan databases; land price databases; statistics and inventory databases;

3. Statistics and inventory of land, creating current land use status maps;

4. Creating and adjusting land use plans and plans;

5. Establishing and adjusting land price lists;

6. Investigating land degradation;

7. Investigating and assessing land quality and land potential;

8. Investigating and assessing land pollution;

9. Investigating and classifying agricultural land;

10. Monitoring and supervising land resources;

11. Other programs, projects, designs, technical estimates, specialized tasks related to land management and utilization.

Article 2. Applicability

This Circular applies to state administrative agencies, organizations, and individuals participating in activities related to supervision, inspection, evaluation, and acceptance of works and products in the field of land management.

Article 3. Explanation of Terms

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

1. Supervision of works and products in the field of land management is the activity of monitoring the progress of implementation of works and compliance with technical standards and regulations stipulated in programs, projects, designs, technical estimates, and tasks approved by competent state authorities.

2. Inspection of works and products in the field of land management involves using technical methods to assess quality and determine quantities of individual components of works and products according to technical standards and regulations stipulated in programs, projects, designs, technical estimates, and tasks approved by competent state authorities.

3. Evaluation of works and products in the field of land management involves assessing the quality and quantity of works or individual components based on completed project files, products, and related documentation.

4. Acceptance of works and products in the field of land management involves the investor confirming the quality and quantity of completed individual components of works based on results from supervision, inspection, and evaluation of quality and quantity of works and products in the field of land management.

5. The investment decision-making agency for works and products in the field of land management is the authority responsible for deciding on the use of investment capital for works in the field of land management.

6. The investor of works and products in the field of land management is the entity owning the capital or entrusted by the investment decision-making agency to manage and utilize capital for investment in works in the field of land management.

Article 4. Principles for supervision, inspection, evaluation, and acceptance of works and products

1. Supervision, inspection, evaluation, and acceptance work for works and products must be carried out regularly and systematically during the implementation process based on plans for supervision, inspection, evaluation, and acceptance established according to the progress of each component or the entire work or product.

2. The investor shall use subordinate units or hire supervisory and inspection units with appropriate functions (hereinafter referred to collectively as supervisory and inspection units) to supervise and inspect works and products at the investor level.

3. Organizations and individuals implementing construction (hereinafter referred to collectively as construction units) of works and products must self-inspect and accept the quality and quantity of all components of the works and products before the competent authority inspects and accepts them.

4. During the construction period, if there are changes in wage policies or economic-technical norms, the supervision and inspection process must specifically determine the quantities of work items completed before and after the change in wage policies or economic-technical norms.

Article 5. Objectives of supervision, inspection, evaluation, and acceptance of works and products

1. To ensure that works and products are implemented in accordance with technical standards, economic-technical norms, and other regulatory legal documents related to construction, supervision, inspection, evaluation, and acceptance of works and products.

2. To detect errors during the construction process to promptly address and resolve errors and issues arising during construction to ensure the quality of works and products.

3. To evaluate and confirm the correct quality, quantity, and level of difficulty (if any) of completed work components or the entire work or product.

Article 6. Legal basis for supervision, inspection, evaluation, and acceptance of works and products

1. Programs, projects, designs, and tasks approved by competent state authorities and adjustment documents issued by authorized levels during the construction process.

2. Technical standards, economic-technical norms, and other regulatory legal documents related to the matter.

Article 7. Responsibilities for supervision, inspection, evaluation, and acceptance of works and products

1. Responsibilities of the investment decision-making agency.

a) Organize the implementation or authorize specialized agencies to review acceptance documents for works and products in land management areas that have been completed;

b) Decide on resolving issues and difficulties arising from technologies not covered by technical regulations; arising due to policy changes; resolving issues and difficulties regarding economic-technical norms when changing technological solutions leading to an increase in the budget value exceeding five percent of the approved budget value; resolving issues regarding quantities and levels of difficulty (if any) leading to a total value exceeding five percent of the approved budget value; resolving delays in construction time compared to the approved construction time. For projects decided on by the Government, follow specific project management regulations (if applicable);

c) Decide to suspend construction, cancel part or all of ongoing works and products that do not comply with programs, projects, designs, and tasks approved by competent state authorities or violate technical standards, economic-technical norms, and other regulatory legal documents.

2. Responsibilities of the investor.

a) Organize the implementation of supervision, inspection, evaluation, and acceptance of works and products approved by competent state authorities. Ensure quality, quantity, and progress for assigned works and products;

b) Decide on resolving issues and difficulties regarding technology during construction; resolving issues and difficulties regarding economic-technical norms when changing technological solutions without increasing the budget value beyond the approved budget value; resolving issues regarding quantities and levels of difficulty (if any) without causing the value to exceed five percent of the approved budget value. For projects decided on by the Government, follow specific project management regulations (if applicable);

c) Report promptly to the investment decision-making agency any issues arising beyond their authority to resolve;

d) Decide to suspend construction, cancel part or all of ongoing works and products that do not comply with programs, projects, designs, and tasks approved by competent state authorities or violate technical standards, economic-technical norms, and other regulatory legal documents and must report in writing to the investment decision-making agency;

đ) Prepare reports to submit to the investment decision-making agency on the quality, quantity, and progress of completed work components when the project ends.

3. Responsibilities of construction units.

a) Conduct unit-level inspections and acceptances and bear responsibility for the progress, quality, and quantity of works and products constructed by their own unit; in cases where works and products do not meet quality and quantity requirements, they must continue to complete them without receiving additional funding;

b) Construct strictly in accordance with approved programs, projects, designs, and tasks by competent state authorities, adhering to technical standards, relevant regulatory legal documents, and adjustments made by authorized levels (if applicable);

c) Accept supervision, inspection, evaluation, and acceptance by the investment decision-making agency and the investor regarding the quality, quantity, and progress of assigned programs, projects, designs, and tasks;

d) Report on completed quantities and progress to the investor before the 25th of each month.

d) Report promptly in writing to the project investor when there are changes in technological solutions, work volume, construction progress compared to the program, proposal, project, technical design - estimate, tasks approved by competent state authorities, and only implement after receiving written approval from the project investor or the investment decision-making authority.

Article 8. Establishing plans for supervision, inspection, evaluation, and acceptance of works and products

1. After being assigned tasks or signing economic contracts, the construction unit must establish detailed construction plans to send to the project investor and organize implementation strictly according to the established plan.

2. Based on the construction unit's plan, the project investor establishes plans for supervision, inspection, evaluation, and acceptance of works and products consistent with the progress of the program, proposal, project, technical design - estimate, tasks approved by competent state authorities, or signed contracts.

Article 9. Funding for supervision, inspection, evaluation, and acceptance of works and products

1. Funding for inspection and evaluation activities of central land management agencies and investment decision-making authorities for works and products within the land management sector as stipulated by current regulations.

2. Funding for supervision, inspection, evaluation, and quality, quantity acceptance of works and products carried out by the project investor shall be determined within the total budget estimate of the work according to current regulations.

3. Funding for supervision, inspection, evaluation, and quality, quantity acceptance of works and products carried out by the construction unit shall be included in the unit price estimate of the work according to current regulations.

Chapter II

SUPERVISION, INSPECTION OF QUALITY AND QUANTITY OF WORKS AND PRODUCTS IN THE LAND MANAGEMENT SECTOR

Article 10. Supervision of works and products

1. The content of supervision of works and products includes:

a) Supervising human resources, machinery, equipment used for construction works;

b) Supervising the suitability of the technological processes applied by the construction unit compared to the program, proposal, project, technical design - estimate, tasks approved by competent state authorities, or permitted by the project investor;

c) Supervising the progress of construction works;

d) Supervising additional quantities arising during the construction process (if any);

đ) Supervising the process of product quality inspection conducted by the construction unit.

2. During the supervision of works, the direct supervisor must record the Construction Work Supervision Log according to Model No. 01 Appendix 02 issued together with this Circular.

Article 11. Content, methods, and levels of inspection of quality and quantity of works and products

1. The content and level of inspection by the construction unit and the project investor for evaluation and acceptance of quality and quantity of works and products are detailed in Appendix 01 issued together with this Circular.

For contents and items of works and products in the land management sector not specified in Appendix 01 issued together with this Circular, the inspection content shall be implemented according to the program, proposal, project, technical design - estimate, tasks approved by competent state authorities. The minimum inspection level for the construction unit for non-core products is twenty percent and for core products is sixty percent; the minimum inspection level for the project investor for non-core products is five percent and for core products is fifteen percent.

2. Methods of inspecting quality and quantity of works and products:

a) Inspection of works and products must be carried out from overall to detail and at both the construction unit and project investor levels.

b) Depending on specific product categories, inspections can be conducted in the laboratory or on-site or both. Information verification within each product and between products is performed to check the completeness and consistency of information. Repeating certain tasks already completed by the construction unit in each category of works and products is done for comparison, cross-checking, and evaluating product quality against technical standards, economic-technical norms, program, proposal, project, technical design - estimate, tasks approved by competent state authorities, and other relevant legal documents.

c) During the inspection of works and products, it is permissible to use equipment, technology, and other sources of materials and data to assess the quality of works and products.

d) For inspection tasks with probabilistic nature, the sampling inspection range must be evenly distributed throughout the entire construction area.

đ) Conduct visual observation, use software and other documents to directly inspect submitted products.

e) For programs, proposals, projects, technical designs - estimates, tasks where final inspection of works and products can be conducted through a comprehensive method, the supervisory and inspection units shall develop inspection plans to submit to the project investor for approval.

3. At the end of the inspection process, the results of the inspection must be recorded.

a) Inspection results are recorded using the Inspection Opinion Form for Each Item established according to Model No. 02 Appendix 02 issued together with this Circular;

b) Based on the inspection results in the Inspection Opinion Forms, a quality and quantity assessment of each item is compiled and a Quality Product Inspection Record for Each Item is established according to Model No. 03 Appendix 02 issued together with this Circular.

Article 12. Quality and Quantity Inspection of Construction Projects and Products at the Construction Unit Level

1. The construction unit shall use its subordinate units and specialized technical staff to self-inspect the quality and quantity of all components of construction projects and products carried out by itself, and establish the quality and quantity inspection dossier for construction projects and products at the construction unit level in accordance with Clause 3 of this Article.

2. Prior to conducting inspections, the construction unit must notify the project owner and the supervising and inspecting unit about the inspection plan to oversee the inspection process in accordance with regulations.

3. The quality and quantity inspection dossier for construction projects and products at the construction unit level includes:

a) The technical summary report of the construction unit according to Model No. 04 of Appendix 02 issued together with this Circular;

b) The quality and quantity inspection report of the construction unit according to Model No. 05 of Appendix 02 issued together with this Circular;

c) Reports on issues arising during implementation, technological difficulties, economic-technical norms, quantities, and other matters compared to the program, proposal, project, technical design - budget estimate, tasks approved by competent state agencies, and documents approving such issues and resolving difficulties during construction (if applicable);

d) The quality inspection record accompanied by the quality inspection opinion form according to Model No. 03 and Model No. 02 of Appendix 02 issued together with this Circular;

4. The quality and quantity inspection dossier for construction projects and products at the construction unit level shall be established in three copies: one copy sent to the project owner, one copy sent to the supervising and inspecting unit at the project owner level, and one copy retained by the construction unit.

Article 13. Quality and Quantity Inspection of Construction Projects and Products at the Project Owner Level

1. After receiving a valid quality and quantity inspection dossier for construction projects and products at the construction unit level, within no more than five working days, the project owner or the supervising and inspecting unit shall organize the inspection according to the following contents:

a) Checking the completeness, legality, consistency, and validity of the quality and quantity inspection dossier for construction projects and products at the construction unit level;

b) Analyzing and evaluating the content of the technical summary report, the quality and quantity inspection report of construction projects and products, and the quality inspection records, inspection opinion forms, data, and materials from the construction unit's inspection dossier;

c) Inspecting and evaluating product specifications against current technical regulations;

d) Re-inspecting products that have been repaired by the construction unit and establishing a repair confirmation document (if applicable);

đ) Determining the quantities of components of construction projects and products meeting quality requirements and those not meeting quality requirements (if applicable);

e) Evaluating and proposing to re-determine the difficulty levels of completed construction project components in accordance with current regulations and actual production conditions (if applicable);

g) Establishing a quality and quantity inspection record for construction projects and products according to Model No. 06 of Appendix 02 issued together with this Circular;

h) Establishing a supervision and quality and quantity inspection report for construction projects and products according to Model No. 07 of Appendix 02 issued under this Circular;

2. The quality and quantity inspection dossier for construction projects and products at the project owner level includes:

a) Decision approving the program, proposal, project, technical design - budget estimate, and tasks by the competent authority;

b) Economic contract or document assigning tasks to the construction unit;

c) The construction unit's Technical Summary Report;

d) The quality and quantity inspection report of the construction unit;

đ) Relevant reports on quantity changes, difficulties during construction, and documents handling these issues by the project owner or the investment decision-making agency (if applicable);

e) Report from the construction unit on correcting errors and the repair confirmation document issued by the project owner (if applicable);

g) The quality and quantity inspection record for construction projects and products at the project owner level;

h) The supervision and quality and quantity inspection report for construction projects and products at the project owner level;

i) The quality inspection record accompanied by the quality inspection opinion form at the project owner level.

3. The quality and quantity inspection dossier for construction projects and products at the project owner level shall be established in three copies: two copies retained by the project owner, and one copy retained by the supervising and inspecting unit.

Article 14. Rights and responsibilities of the supervising and quality control units for construction projects and products of the project sponsor

1. Rights of the supervising and quality control unit

a) Require the construction unit to implement according to the approved program, proposal, project, technical design - budget estimate, tasks by competent state authorities and other relevant regulatory legal documents;

b) Refuse to conduct inspections when the construction unit has not submitted all required products, inspection quality and quantity documentation for the construction project or product, or if the products still contain systematic errors;

c) Refuse to confirm products that do not meet quality standards or products that have been inspected but not repaired according to requirements;

d) Report to the project sponsor on violations and recommend disciplinary actions when the construction unit violates provisions set out in Point d Clause 2 Article 7 of this Circular or delays due to subjective factors of the construction unit;

đ) Propose and recommend to the project sponsor to accept or adjust the level of difficulty compared to the approved program, proposal, project, technical design - budget estimate, tasks by competent state authorities;

2. Responsibilities of the supervising and quality control unit

a) Strictly comply with the provisions set out in Clause 1 Article 10 and Clause 1 Article 11 of this Circular;

b) Summarize opinions during supervision and inspection processes and notify the construction unit. In case of disagreement between the supervising and quality control unit and the construction unit, report to the project sponsor for resolution;

c) Collaborate with related parties to resolve issues arising during construction within their authority. Report to the project sponsor for resolution of issues exceeding their authority and technical issues arising outside the approved program, proposal, project, technical design - budget estimate, tasks (if any);

d) Be responsible for the quality and quantity of supervised and inspected products and be subject to legal penalties when intentionally distorting supervision and inspection results;

Chapter III

QUALITY AND QUANTITY AUDITING AND ACCEPTANCE OF CONSTRUCTION PROJECTS AND PRODUCTS IN THE FIELD OF LAND MANAGEMENT

Article 15. Quality and Quantity Auditing

1. Basis for auditing

a) Inspection quality and quantity documentation for the construction unit;

b) Inspection quality and quantity documentation for the project sponsor;

c) Completed products and related documents (if any).

2. Content and time frame for auditing

Within no more than 10 working days from receiving complete valid documents, the project sponsor is responsible for completing the auditing of project components or the entire project. For complex programs, proposals, projects, technical designs - budget estimates, tasks with large quantities of products, the auditing period may be extended but not exceed 20 working days. The auditing content includes:

a) Auditing compliance with the approved program, proposal, project, technical design - budget estimate, tasks by competent state authorities and related technical documents;

b) Auditing compliance with regulations on construction project supervision, quality and quantity inspection of projects and products;

c) Auditing handling of issues arising during construction by the construction unit, supervising and quality control unit, project sponsor, and investment decision-making authority (if any);

d) Auditing confirmation of quality, quantity, and level of difficulty (if any) of completed project components or the entire project. If necessary, re-inspect quality, quantity, and level of difficulty based on some sample products;

đ) Request related units to repair, supplement, and perfect documents and products when they do not meet requirements, levels of difficulty are inappropriate, and documents contain errors (if any);

e) Prepare a Quality and Quantity Audit Report for Construction Projects and Products according to Model No. 08 Appendix 02 issued together with this Circular.

Article 16. Acceptance of works and products

1. Basis for acceptance

a) Decision approving the program, project, design and estimate, task by the competent state agency;

b) Inspection quality and quantity documentation for the project sponsor;

c) Report on quality and quantity assessment of the work or product;

d) Completed products and related documents (if any).

2. Content and time limit for acceptance

Within no more than five working days from the date of receipt of the report on quality and quantity assessment of the component work or the entire work or product, the Investor shall complete the acceptance of the component work or the entire work or product. For programs, projects, designs and estimates, tasks with complex nature and large volume of products, the acceptance period may be extended but not exceeding ten working days. The content of acceptance includes:

a) Acceptance of quality, quantity, level of difficulty (if applicable) of completed component works that meet quality standards, and additional or reduced component works compared to the approved program, project, design and estimate, task;

b) Preparation of the Quality and Quantity Acceptance Minutes according to Model No. 9 of Appendix 02 issued together with this Circular;

c) Preparation of the Summary Table of Quantity of Works and Products Constructed Annually according to Model No. 10 of Appendix 02 issued together with this Circular for programs, projects, designs and estimates, tasks constructed over multiple years (if applicable);

3. Documents for acceptance include:

a) Decision approving the program, proposal, project, technical design - budget estimate, and tasks by the competent authority;

b) Economic contract or document assigning tasks to the construction unit;

c) The construction unit's Technical Summary Report;

d) Reports related to additional quantities, difficulties encountered during construction, and processing documents of the investor or the investment decision-making agency (if any);

đ) Report of the construction unit on rectifying errors and confirmation document of rectified products by the investor (if any);

e) Inspection and quality control minutes of the work or product by the investor (if the quality and quantity acceptance minutes do not include the supervisory and inspection unit);

g) Supervision and quality control report of the work or product by the investor;

h) Report on quality and quantity assessment of the work or product;

i) Quality and quantity acceptance minutes of the work or product;

k) Product handover minutes or warehouse receipt for completed products in accordance with Article 18 of this Circular;

l) Summary table of quantity of works and products constructed annually (if any).

4. The acceptance documents shall be prepared in five sets: one set retained by the investment decision-making agency, two sets retained by the investor, one set submitted along with the product at the storage facility, one set retained by the construction unit.

Article 17. Examination of Acceptance Documents

1. Within no more than fifteen working days from the date of receipt of complete and valid acceptance documents of the investor, the investment decision-making agency or the agency authorized by the investment decision-making agency shall complete the examination of the acceptance documents based on checking the completeness, validity, and accuracy of the acceptance documents and prepare the Confirmation of Quantity and Quality of Completed Works and Products according to Model No. 11 of Appendix 02 issued together with this Circular.

2. For programs, projects, designs and estimates, tasks where the investment decision-making agency needs to re-examine and assess the quality, quantity, and level of difficulty (if applicable) of the work or product, they must establish and notify the plan for re-inspection and assessment to the investor and strictly follow the notified plan. Within five working days from the end of the re-inspection and assessment work, the relevant parties must prepare the re-inspection and assessment minutes of the work or product. These minutes shall be kept in the acceptance documents.

Article 18. Submission of products and final settlement documents for construction works and products

1. The list of products to be submitted includes all products from project components that have been inspected and confirmed for quality and quantity, and specifically mentioned in programs, plans, projects, technical designs - estimates, tasks, economic contracts, or assignment documents.

2. After receiving the inspection report on the quality and quantity of construction works and products, the construction unit shall directly submit the products at the storage location specified by the investment decision-making agency or the investor.

3. After obtaining the confirmation of the quality and quantity of completed construction works and products, the investor is responsible for preparing the final settlement documents for the construction works and products. These documents include:

a) A request for final settlement of construction works and products prepared according to Model No. 12 in Appendix 02 issued together with this Circular;

b) Decision approving the program, plan, project, technical design - estimate, or task by the competent authority;

c) Economic contract or assignment document for the construction unit;

d) Inspection report on the quality and quantity of construction works and products;

đ) Confirmation of the quality and quantity of construction works and products;

e) Product submission record or warehouse receipt for products;

g) Summary of quantities and values for final settlement of construction works and products carried out annually according to Model No. 13 in Appendix 02 issued together with this Circular for projects carried out over multiple years.

4. The final settlement documents shall be prepared in five copies: three copies to be sent to the investor, one copy to be sent to the investment decision-making agency, and one copy to be sent to the construction unit.

Chapter IV

IMPLEMENTING PROVISIONS

Article 19. Effective Date

1. This Circular takes effect from March 1, 2017.

2. This Circular replaces Circular No. 05/2009/TT-BTNMT dated June 1, 2009, issued by the Minister of Natural Resources and Environment guiding the inspection, review, and acceptance of cadastral construction works and products.

Article 20. Transitional Provisions

1. For construction works and products that have been implemented but not yet inspected for quality and quantity, reviewed, or accepted after the effective date of this Circular, such inspections, reviews, and acceptances, and the preparation of relevant documents shall be conducted in accordance with the provisions of this Circular.

2. For construction works and products where some parts or components have been completed and inspected for quality and quantity before the effective date of this Circular, the acceptance documents shall be prepared in accordance with Circular No. 05/2009/TT-BTNMT dated June 1, 2009, issued by the Ministry of Natural Resources and Environment guiding the inspection, review, and acceptance of cadastral construction works and products for completed products and components.

Article 21. Responsibility for Implementation

1. The Land Management General Department is responsible for monitoring the implementation of this Circular.

2. Provincial People's Committees and municipal people's committees under the central government are responsible for disseminating and directing the implementation of this Circular.

3. Provincial Departments of Natural Resources and Environment are responsible for assisting provincial and municipal people's committees under the central government in implementing this Circular locally. During the implementation process, if there are difficulties or obstacles, they are requested to promptly reflect them to the Ministry of Natural Resources and Environment for consideration and resolution.

During the implementation process, if there are difficulties or obstacles, they are requested to promptly reflect them to the Ministry of Natural Resources and Environment for consideration and resolution./.