Decision No. 498/BXD-GĐ Issuing the Quality Management Regulation for Construction Projects

Pursuant to …;

Regarding the issuance of the Quality Management Regulation for Construction Projects

______________________________

THE MINISTER OF CONSTRUCTION

Pursuant to Decree No. 15/CP dated March 4, 1994 of the Government stipulating the functions, tasks, and organizational structure of the Ministry of Construction.

Pursuant to Decree No. 42/CP dated July 16, 1996 of the Government promulgating the Investment and Construction Management Regulation.

At the proposal of the Director of the National Construction Quality Inspection Agency.

Pursuant to …;

Article 1: Attached hereto is the Quality Management Regulation for Construction Projects. This Regulation replaces the Quality Management Regulation for Construction Projects issued together with Decision No. 20/BXD-GD dated June 10, 1995 of the Minister of Construction.

Article 2: This Decision takes effect from the date of signature and applies to all construction projects throughout the country.

Article 3: Ministries, ministerial-level agencies, agencies under the Government, People's Committees of provinces and centrally-run cities shall be responsible for organizing the implementation of this Decision.

 

MINISTRY OF CONSTRUCTION

Ngo Xuan Loc

 

(Signed)

 

CHARTER

QUALITY MANAGEMENT OF CONSTRUCTION PROJECTS
(Issued together with Decision No. 498/BXD-GD dated September 18, 1996 of the Minister of Construction)

Chapter 1:

GENERAL PROVISIONS

Article 1: This Regulation specifies the contents and responsibilities of the Project Owner, construction consulting organizations (surveying, designing, design review, construction supervision, installation of equipment, quality inspection...), construction enterprises, State agencies for construction quality inspection, and other related organizations in the work of quality management of construction projects, acceptance, and handling of project defects.

Article 2: When constructing projects (new construction, expansion, renovation...) belonging to various economic sectors, all relevant organizations as stipulated in Article 1 must implement quality management of construction projects according to this Regulation.

For special technical projects (such as nuclear power plants...), specific regulations apply.

For specialized construction projects in transportation, water resources, mines, power transmission lines and substations, postal services, agriculture and forestry, relevant ministries and specialized construction management agencies shall base on this Regulation and specialized technical standards to issue specific guidelines on quality management of construction projects suitable for the characteristics of their respective fields. These guidelines must be approved by the Ministry of Construction before issuance.

For construction projects funded directly by foreign investors in Vietnam, there are specific regulations regarding quality management of construction projects.

Article 3: Quality Management of Construction Projects: 3.1. State Management of Quality of Construction Projects:

- The National Construction Quality Inspection Agency under the Ministry of Construction assists the Minister of Construction in uniformly managing the state affairs concerning the quality of construction projects; directs and guides professional operations for industries and the construction quality management system from central to local levels.

- Relevant ministries and specialized construction management ministries organize dedicated departments to assist the Minister and heads of government agencies in overseeing and managing the quality of construction projects within their respective industries.

- The Construction Departments assist the Chairmen of Provincial People's Committees and centrally-run city People's Committees in uniformly managing state affairs concerning the quality of construction projects within their respective provinces and cities as prescribed by law; guide and organize inspections, audits, and national construction quality inspections; direct professional operations of construction quality management at the local level.

- Specialized construction management departments and industry management departments must organize specialized construction quality management departments and have the responsibility to coordinate with the Construction Departments to manage the quality of specialized construction projects at the local level.

3.2. Quality Management of Construction Projects by the Project Owner.

3.3. Quality Management of Construction Projects by Construction Enterprises, Consulting Organizations, and Production Organizations of Building Materials and Construction Equipment.

Article 4: Construction consulting organizations, construction enterprises, building material supply organizations, prefabricated components, and construction equipment organizations must bear responsibility for the quality of products they undertake and supply.

Article 5: The State encourages organizations participating in construction to comprehensively apply modern quality management methods for construction projects, advanced scientific and technological measures, improve quality assurance systems for construction projects, and utilize high technical standards to create high-quality construction projects.

Article 6: Costs for construction supervision, installation of equipment, quality inspection, national construction quality inspection, and acceptance of construction projects are included in the construction investment capital and determined in the total project budget according to the regulations of the Ministry of Construction.

When a State Acceptance Council (SAC) is established, in addition to the aforementioned costs, the SAC's permanent office prepares a budget for the SAC's operational costs and manages and uses these funds according to the regulations of the Ministry of Construction.

Construction enterprises bear the responsibility for inspection costs to ensure the quality of construction projects.

Chapter 2:

STATE MANAGEMENT OF QUALITY OF CONSTRUCTION PROJECTS

Article 7: The main contents of state management of quality of construction projects include:

7.1. Drafting and submitting to competent authorities for promulgation of legal documents and guidance materials for professional management and implementation of measures to ensure the quality of construction projects; guiding and supervising the implementation of these documents by entities.

7.2. Inspecting the quality of construction projects and project defects.

7.3. Auditing and inspecting the implementation of the above-mentioned legal documents, construction standards, and measures to ensure the quality of construction projects by the Project Owner, construction enterprises, and construction consulting organizations.

Article 8: The National Construction Quality Inspection Agency under the Ministry of Construction; Construction Departments conduct inspections.

- Legal entity status and professional certificates of construction consulting organizations and construction enterprises currently operating on construction projects.

- The organization and management of construction project quality during the installation and completion acceptance of construction projects by investors regardless of industry (transportation, water resources, agriculture, civil works, urban technical infrastructure...).

Article 9: Levels of inspection:

9.1. The State Construction Quality Inspection Agency, specialized construction project quality management agencies shall cooperate with the State Inspection Agency to conduct inspections on construction projects under investment groups A and B.

9.2. Departments of Construction, industry management departments, and specialized construction project management departments shall conduct inspections on construction projects under investment group C.

Article 10: The Ministry of Construction shall examine and issue inspection certificates for construction project quality inspectors at various levels: inspector, senior inspector, and advanced inspector for those engaged in this work to perform their duties.

Those holding inspection certificates are permitted to carry out their tasks at assigned construction projects. Investors, construction enterprises, and construction consulting firms must facilitate the performance of duties by construction project quality inspectors at all levels.

Article 11: National-level construction project quality inspection agencies at various levels shall primarily conduct inspections through sampling methods; inspection results shall be recorded in reports, which include the determination of quality levels or requirements for rectification (if applicable). All inspection reports shall be sent to relevant agencies: investors, construction enterprises, Departments of Construction, the Ministry of Construction, industry management ministries, and specialized construction project management departments (for specialized construction projects).

Article 12: Domestic and foreign insurance organizations shall verify the conditions ensuring construction project quality to fulfill their construction or project insurance obligations. If construction enterprises fail to meet these conditions, insurance organizations have the right to terminate contracts, refuse insurance obligations, or request competent authorities to resolve the matter.

Chapter 3:

INVESTOR MANAGEMENT OF CONSTRUCTION PROJECT QUALITY

Article 13: Investors are responsible for ensuring the quality of their construction projects throughout three stages: investment preparation, implementation, and project completion and commissioning for operation according to current state regulations.

Article 14: Based on the technical requirements of each investment project, investors must organize bidding to select qualified construction consulting firms and construction enterprises with legal status, valid practice certificates, and appropriate capacity to sign contracts for project development, survey design, construction supervision, and equipment installation. Contract clauses regarding quality assurance and specific responsibilities of each party must be included in both consultancy and construction installation contracts.

Article 15: Prior to commencing construction, investors must complete all procedures for project investment approval, technical design review in accordance with current state regulations. During the construction process, technical staff must be assigned or hired to supervise construction in accordance with approved designs, current national or industry technical standards, and economic contract terms; timely quality acceptance of construction projects must be organized in accordance with Chapter VI of these Regulations.

Article 16: Investors are responsible for the quality of building materials, structural components, and technological equipment they supply.

Article 17: Investors may require construction consulting firms (survey design, construction supervision, equipment installation, and project management) and construction enterprises to explain the quality of their work. If any work does not meet quality standards, investors have the right to require the performing entity to repair it in accordance with Chapter VII of these Regulations or refuse to accept the quality of non-compliant acceptance objects that do not meet design requirements, do not conform to construction technical standards, or do not comply with quality terms stipulated in the construction installation contract.

Chapter 4:

CONSTRUCTION ENTERPRISE MANAGEMENT OF CONSTRUCTION PROJECT QUALITY

Article 18: Construction enterprises must have legal status and a valid practice certificate to operate and are responsible for the quality of construction installation projects carried out by their units (in accordance with contracts).

General contractors for construction projects are responsible before investors and the law for the overall quality of construction, including subcontracted work. Subcontractors are responsible for the quality of their work before general contractors and the law.

Article 19: Construction enterprises can only undertake construction installation projects corresponding to their confirmed conditions and capacity in their practice certificates; they must construct in accordance with approved design documents, construction technical standards, and construction installation contracts; they must be subject to investor, design agency, and state construction project quality inspection agency supervision and quality checks (as classified).

Article 20: Construction enterprises must establish a quality assurance system to implement quality management systems during construction installation.

Article 21: Personnel involved in testing, calibration, and special trades must be trained and hold professional certificates.

Measuring and quantity inspection equipment of construction enterprises must be calibrated and undergo regular inspections in accordance with current state regulations.

Article 22: Building materials and structural components used by construction enterprises in projects must have factory certificates, and quality tests must be conducted prior to use in accordance with current national technical standards. During construction, comprehensive testing must be performed on construction products, and complete test records must be maintained.

Article 23: In the case where a construction enterprise uses building materials or components produced by itself, the enterprise must ensure that the quality of such materials complies with the current national standards and when using them for projects, they must be implemented in accordance with the provisions of Article 22 of this Charter.

Chapter 5:

QUALITY MANAGEMENT OF CONSTRUCTION PROJECTS BY CONSULTING ORGANIZATIONS

Article 24: When establishing investment projects, surveying, and designing construction works, consulting organizations must comply with construction standards, technical standards, current legal regulations of the state and industry, and economic contracts already signed. Consulting organizations must have their own quality assurance system, strictly implement quality checks during the contract execution process, and bear responsibility for the quality of their products; together with the project investor, protect the investment project and construction design before the competent authority for examination and approval.

Article 25: Consulting organizations can only undertake to establish investment projects, survey, design, review designs, supervise construction of construction works and installation of equipment, inspect construction quality, and accept construction works and manage implementation of projects within the scope specified in their practice certificate: they must be subject to inspection by the Project Investor and the State management agency for construction.

Article 26: The quality of survey and design documents must be ensured:

26.1. Compliance with national construction standards, current technical standards, and the terms of the tender contract.

26.2. Construction survey files must be accurately determined at the construction site; reflect the actual conditions of the construction site, topography, geology of the construction, and hydrogeology. Before conducting survey work, a technical survey plan approved by the project investor must be prepared; Survey results must be accepted by the designer and the project investor to be used according to the technical procedures.

26.3. Consistent with the content of each stage of the construction design, providing explanations and technical guidance for the construction of important structural or load-bearing parts of the construction, and explanations on the use and maintenance of the construction.

26.4. Specifications regarding the material of building materials (including samples when necessary), technology equipment used in the construction.

26.5. Sufficient signatures of the design project leader, the designer, and the checker in accordance with legal procedures and current regulations of the state.

Article 27. Design organizations must carry out author supervision throughout the construction, completion, and acceptance of construction works for operation. The cost of author supervision has been included in the design price.

Content of author supervision:

- Presenting and explaining construction design documents to the Project Investor and construction enterprises for management and construction in accordance with design requirements.

- Monitoring, identifying, and promptly addressing any deviations in construction from approved designs, especially supervising the construction of important parts affecting the quality of the construction such as foundations, main load-bearing structures, installation of technical networks, technology equipment, internal and external finishing works.

- Participating in the acceptance process with the project investor.

Article 28: Quantity and quality inspections shall only be carried out upon request of the project investor or the construction quality inspection agency in the following cases:

- Construction works not complying with approved design requirements or not adhering to construction standards, technical standards, or violating the terms of the construction tender contract.

- When there is an incident with the construction.

- When there is a dispute over quantity or quality between the project investor and the construction enterprise.

Chapter 6:

ACCEPTANCE OF CONSTRUCTION WORKS

Article 29: Acceptance organization:

29.1. The Project Investor or their representative (collectively referred to as the Project Investor) is responsible for timely organizing the acceptance of quantities and qualities of completed construction works by construction enterprises. The Project Investor is responsible for carrying out the acceptance process together with:

- Representatives of the construction design consulting organization.

- Representatives of the construction supervision consulting organization and equipment installation (if any).

- Representatives of the main construction contracting enterprise.

For important acceptance sessions, the Project Investor must invite representatives of the construction quality inspection agency (based on classification) to inspect.

For parts, sections, or constructions requiring fire prevention or having adverse effects on the environment when put into operation, the Project Investor must invite representatives of the agencies managing these areas to participate during acceptance.

When accepting for partial handover and putting into use individual sections, sections, or the entire construction, representatives of the construction quality inspection agency (based on classification) and the organization assigned the responsibility for managing, using, or operating the construction must participate.

29.2. For some important projects or those with complex technical and technological requirements, the Minister of Construction may propose the Prime Minister to decide on the establishment of a National Acceptance Council (Chairman and members) to examine and approve the Project Investor's acceptance process. The permanent body of the National Acceptance Council is the National Construction Quality Inspection Agency - Ministry of Construction.

Article 30: Acceptance objects:

The following main objects, after being completed by construction enterprises, must be accepted by the Project Investor for quantity and quality.

30.1. Structures or parts of the construction particularly important to the quality of the construction such as:

Foundations, main load-bearing structures (beams, columns, independent pillars, silos, chimneys...) of infrastructure engineering.

30.2. Equipment and machinery that have been installed.

30.3. Parts of the construction that have been completed and need to be accepted to move to the next construction phase.

30.4. Sections or the entire construction that have been completed to be put into operation.

Article 31: Basis for acceptance.

The basis for accepting the quantity and quality of construction works includes:

31.1. Approved design documents.

31.2. The construction technical standards and current national and industry building technical standards.

31.3. Technical provisions or manufacturer instructions regarding the storage, use of building materials, and technological equipment.

31.4. Quality testing and inspection results of materials and equipment conducted during the construction process.

31.5. Provisions concerning the quantity and quality of works stipulated in the construction contracting agreement.

Article 32: Responsibilities and authorities of organizations in the acceptance work of construction projects.

32.1. Responsibilities and authorities of the Project Owner:

1. Responsibilities:

The Project Owner is responsible for fully implementing the provisions of Chapter III of this Regulation and, in cases where there is a State Acceptance Board, must:

- Notify the State Acceptance Board of important construction phase transitions, project components, or the entire project that have been accepted by the Project Owner for the Board to conduct inspections and reviews.

- Prepare documentation and provide explanations on the quantity and quality of the accepted works for the State Board to review when it conducts inspections.

- Implement additional testing requirements requested by the State Acceptance Board to determine the quantity or quality of the works.

- Guide the State Acceptance Board in inspecting the works at the site.

2. Authorities:

Hire a consulting organization (with legal status, with a professional certificate, not involved in constructing the project) to supervise construction and installation of equipment, and to accept the construction project.

- Refuse to accept the works if the quantity or quality of the acceptance object does not meet the approved design requirements and current technical standards or does not comply with the quality specified in the construction contracting agreement.

32.2. Responsibilities and authorities of the design consulting organization.

1. Responsibilities:

The design consulting organization is responsible for fully implementing the provisions of Article 27 of this Regulation and the responsibilities of a party participating in the acceptance of the quantity and quality of the works, while also participating with the construction enterprise and the Project Owner in establishing completion documentation to proceed with acceptance. When there is a State Acceptance Board, they must also:

Provide explanations on the quantity and quality of the works compared to the approved design drawings according to the requirements of the State Acceptance Board.

2. Authorities:

- Refuse to accept the works if the quantity or quality of the acceptance object does not meet the approved design requirements and current technical standards.

32.3. Responsibilities and authorities of the construction enterprise.

1. Responsibilities:

- Hand over the documents and materials (within their responsibility to prepare) determining the quantity and quality of the acceptance object for the acceptance parties to review.

- Provide explanations on the quantity or quality of the acceptance object upon request from the acceptance parties or the State Acceptance Board (if applicable).

- Guide the acceptance parties in inspecting the acceptance object at the site.

2. Authorities:

- Not be responsible for the quality of the works put into operation by the Project Owner without acceptance.

32.4. Responsibilities and authorities of the State Acceptance Board.

1. Responsibilities:

- Inspect the Project Owner's overall acceptance work according to the provisions of this Regulation.

- Re-inspect the quantity or quality of the construction works already accepted by the Project Owner (based on: Approved design drawings and current state regulations) when necessary.

- Inspect the site and completion documentation of the works.

The results of the State Acceptance Board's work are recorded in a record according to the model in Appendix 4 of this Regulation.

The State Acceptance Board's acceptance record serves as the basis for the Project Owner to put the works into operation.

2. Authorities:

- In necessary cases, have the right to require the Project Owner to conduct additional tests or inspections to determine the quantity or quality of the works for the Board to review.

- Establish specialized sub-committees to advise the Board in inspecting and evaluating the quantity and quality of the works accepted by the Project Owner.

- For complex technical issues requiring high expertise for inspection and evaluation that cannot be resolved domestically, the Chairman of the State Acceptance Board may propose the Prime Minister to allow hiring foreign experts to advise the Board.

- Not accept the Project Owner's and other parties' acceptance results if the works do not meet technical requirements or if the completion documentation does not comply with the provisions of this Regulation.

Article 33: Content of the acceptance work during the construction and installation phase of the project.

33.1. Inspect the condition of the acceptance object.

33.2. Review documents and test results to determine the quantity and quality of materials, structures, or parts of the works, including mandatory inspections for:

- Test results of foundation reinforcement quality, pile load-bearing capacity, etc.

- Soil (rock) filling test results.

- Concrete test results.

- Welding test results, high-strength bolt connection strength of steel structures.

- Measurement results of geometric dimensions, centerline, benchmarks, deformation, displacement, seepage (if any), and quantity of structures, parts, or works.

- Thickness measurement results of fireproof coating...

- Testing, calibration, trial operation, running test... results of technological equipment.

33.3. Compare and contrast the above inspection results with the approved design documents and corresponding current national and industry quality standards, and technical guidelines or instructions from material and technological equipment manufacturers.

When the acceptance object meets the design requirements and current technical standards, the Project Owner shall prepare an acceptance record according to the model in Appendix 1 (signed by all participating acceptance parties as stipulated in Article 29) of this Regulation.

Article 34: Content of the acceptance work when the construction project is completed:

34.1. Inspect the entire quantity of construction works and the quality of the project component or the entire construction work in comparison with the approved design.

34.2. Inspect the results of testing and the synchronous trial operation of the technological equipment system.

34.3. Inspect the actual conditions ensuring safety for the environment, labor hygiene, and fire prevention and explosion control of the construction work in comparison with the approved design, corresponding state technical standards currently in force, and the provisions stipulated in the contract (with representatives from fire prevention agencies and environmental management agencies participating).

34.4. Inspect the quality of the completion documents of the construction work.

34.5. Inspect the conditions ensuring legal and technical requirements for the use of technical works outside the fence (such as electrical connection, water supply, traffic...).

34.6. After inspection, if the completed construction work meets the design requirements, construction standards, and technical standards, ensures fire prevention and explosion safety, environmental hygiene, and has complete completion documents, the Investor shall prepare an acceptance certificate according to Form 2B (for construction works) and Form 2A (for technological equipment).

The acceptance certificate of the completed construction work component or project serves as a legal basis for the Investor to proceed with the procedures to put the construction work into use.

Article 35: Procedure for conducting acceptance work:

35.1. After completing each object specified in Article 30 of the Regulations and preparing all necessary documents and materials to determine quantity and quality according to current regulations, the construction enterprise shall notify the Investor to conduct inspection and acceptance.

35.2. Upon receiving the notification from the construction enterprise, the Investor must conduct inspection and acceptance in accordance with Articles 33 or 34 of this Regulation.

35.3. Within the latest three months after the acceptance of the completed construction work, the Investor must complete two sets of completion documents for the construction work, with the Investor retaining one set and sending one set to the storage agency as prescribed by the state's regulations on document storage.

The list of completion documents for construction works is attached at Appendix 3 of the Regulations.

Chapter 7:

REPAIR OF DEFECTS AND COMPENSATION FOR DAMAGE TO THE QUALITY OF CONSTRUCTION WORKS DURING THE CONSTRUCTION PERIOD AND DURING THE WARRANTY PERIOD

Article 36: During the construction period and within the warranty period, if the construction work does not meet the quality requirements of the design, the construction enterprise shall be responsible for carrying out repairs.

The responsibility for repair costs is defined as follows:

36.1. If the construction enterprise deviates from the approved design leading to poor quality or increased volume, the construction enterprise shall bear the cost of repairing the defects or the increased volume.

36.2. If the poor quality of the construction work or the increased volume is due to design survey reasons, the design survey organization shall bear the cost.

36.3. If the poor quality of the construction work is due to the use of substandard building materials, components, or technological equipment, the purchaser of those products shall bear the cost.

36.4. If the quality of the construction work deteriorates or the construction work is damaged due to the Investor using the construction work contrary to the approved design specifications, the Investor shall be responsible.

36.5. The construction enterprise and the design survey organization shall not be economically responsible for the damage to the construction work caused by force majeure events (such as earthquakes, floods, typhoons...) exceeding the level permitted in the design; or when the Investor puts the construction work into operation and use without acceptance, or uses it contrary to the technical operating instructions stipulated in the approved design.

Article 37: If the construction work causes damage to adjacent works, the person causing the fault shall compensate the victim in accordance with the law.

Article 38: Upon receiving the Investor's notice requesting repair of the damaged construction work, the construction enterprise must immediately go to the site (no later than one week) together with the Investor to identify the cause of the damage and the repair content. If the cause of the damage falls under the responsibility of the construction enterprise and that enterprise fails to repair within the required time limit, the Investor has the right to hire another enterprise to carry out the repair, and economic responsibility will be implemented according to Article 36 of the Regulations.

Article 39: In case of disputes over the responsibility for repairing damages and compensating losses due to non-compliance with the quality of construction works, the parties may resolve them through negotiation or mediation. If negotiation or mediation fails, the parties may refer the matter to the State Construction Quality Appraisal Agency (according to the分级) for resolution. The conclusion of the highest-level State Construction Quality Appraisal Agency is binding on all parties.

Chapter 8:

CONSTRUCTION ACCIDENTS

Article 40: Construction accidents:

40.1. Construction accidents include:

- Damage to a structure or part of a construction work that renders it unable to bear loads as designed.

- Collapse of a part or the entire construction work.

Construction accidents may occur during the construction period or while the construction work is being used.

Construction accidents may be caused by one or more factors such as design survey, construction installation, building materials, operation and use, or environmental changes.

40.2. Construction accidents caused by natural disasters, war, tectonic activities, or other special risks exceeding the level permitted in the design have separate provisions.

Article 41: Protection of the accident scene and reporting of accidents:

41.1. For all construction works belonging to various economic sectors that are under construction, completed, or in use when an accident occurs, the construction enterprise during construction, the user, or the Investor during use shall not arbitrarily clear or remove the accident scene but must take measures to protect the scene (fencing, guarding...) to ensure that the accident remains in its original condition.

41.2. Within twenty-four hours after the occurrence of an incident, the construction enterprise or the user, the Project Owner must notify the State Administration for Quality Inspection of Construction Works (as classified under Article 42) and other law enforcement agencies concerned according to the form at Appendix No. 5.

Article 42: The agency responsible for receiving notifications about incidents involving construction works:

42.1. Construction works belonging to investment projects in Groups A and B:

- The Ministry of Construction.

- The Ministry managing the industry and the Ministry managing the specialized construction sector (if it is a specialized construction work).

- The Department of Construction (for construction works within the area managed by the Department).

- The insurance agency.

- Other state management agencies concerned as prescribed by law.

42.2. Construction works belonging to investment projects in Group C and other construction works, including private residences:

- The Department of Construction (at the location where the construction work is situated).

- The insurance agency that has accepted the obligation to insure construction or the work.

- The People's Committee of the district or county and other relevant agencies as prescribed by law.

Article 43: Preparing the incident report on construction works:

When an incident occurs, the construction enterprise, or the user, the Project Owner shall conduct or hire a consulting organization with legal personality and a professional certificate to prepare the incident report on the construction work.

The tasks to be performed when preparing the incident report on construction works include:

43.1. Describing the course of the incident (including observable phenomena before the incident occurred).

43.2. Measurement results (including filming and photographing the current status of the incident). Pay particular attention to important load-bearing parts and details, cracks, fractures, settlement, subsidence, and other necessary details for research, analysis, and determination of the cause of the incident.

43.3. Test results of material samples to determine the quality of structural materials of the affected construction work.

43.4. Other related documents concerning the incident such as:

- Design changes.

- Deviations in construction from the approved design.

- Load or usage phenomena not in accordance with the design specifications, operation procedures, and usage regulations.

43.5. Collecting all completion documents of the construction work to review when analyzing and determining the cause of the incident.

Within fourteen days after the construction work is affected by an incident, the construction enterprise or the user, the Project Owner must complete the incident report and submit it to the agencies specified in Article 42 of the Charter.

Article 44: Investigating incidents involving construction works:

44.1. Investigation contents:

- Checking the quality of the incident report provided by the construction enterprise, the user, or the Project Owner according to Article 43 of this Charter and requesting additional necessary documents for researching and determining the cause of the incident (including conducting testing and trial operations on the affected construction work).

- Analyzing, determining the cause, and drafting an investigation report on the incident (according to the form at Appendix No. 6).

The investigation report on the incident involving construction works must be signed by all members participating in the investigation. If there are differing opinions from the conclusions in the report, the members have the right to record their reservations in the report.

This report must be sent to all agencies represented in the incident investigation.

44.2. Classification of incident investigations involving construction works:

- For construction works belonging to investment projects in Groups A and B: The Ministry of Construction will lead the investigation with the participation of the Department of Construction (of the locality where the project is located). The industry management ministry or the specialized construction management ministry (if it is a specialized construction work) and other state management agencies concerned at the local level according to the law.

- For residential buildings: The construction management authority (construction department) of the district (county, city) will lead the investigation, with representatives from the Department of Construction participating.

In cases where necessary, the leading agency of the incident investigation may invite scientific and technical experts to provide advice for the investigation.

Article 45: Resolving incidents involving construction works.

45.1. Clearing and removing the incident site.

After having sufficient documentation to study, analyze, and determine the cause of the incident involving construction works, the leading investigation agency grants permission to the construction enterprise, the user, or the Project Owner to clear and remove the incident site.

In cases where rescue of victims, emergency response to embankments, dams, bridges, clearing roads, or preventing subsequent incidents requires immediate dismantling or clearing of the incident site, before dismantling and clearing, the construction enterprise, the user, or the Project Owner must also take photographs, film, and record to the maximum extent the requirements stipulated in Article 42 of the Charter.

45.2. Rectifying the incident.

45.2.1. The handling or reconstruction of the affected construction work must ensure thorough rectification of the causes of the incident determined in the investigation report.

45.2.2. The costs for rectifying the incident are borne by the entity or individual causing the incident.

In cases where the incident results in serious consequences (causing death or significant damage to state property), the person at fault may also be held accountable under the law.

In cases where the incident is caused by natural impacts or other reasons exceeding the approved design level, the Project Owner bears the costs for rectifying the incident.

45.2.3. The costs for rectifying the incident include:

- Costs for protecting the incident site and investigating the incident.

- Costs for repairing or reconstructing the affected construction work, including costs for researching and developing solutions to address the causes of the incident (if applicable).

45.2.4. Initial costs for investigating the incident are resolved by the construction enterprise, the user, or the Project Owner.

Article 46: Statistics and reporting on incidents involving construction works:

46.1. When an incident involving construction works occurs, the construction enterprise, the user, or the Project Owner must fully comply with the regulations on preparing the incident report and reporting the incident as prescribed in this Charter.

46.2. In December each year, the Construction Departments of localities must compile and report to the Ministry of Construction on construction accidents within their jurisdiction (in accordance with Appendix No. 7). The Ministry of Construction will aggregate and report to the Government.

Chapter 9:

STATE INSPECTION AND VIOLATION HANDLING IN CONSTRUCTION QUALITY MANAGEMENT

Article 47: State inspection work on construction quality is mandatory to ensure that all parties involved in construction projects strictly comply with laws on ensuring construction quality, promptly propose preventive measures, address, and eliminate violations of construction quality laws. Inspection work must be carried out during the implementation of investment and exploitation of construction works.

Article 48: The state inspection system for construction quality management includes:

48.1. Regular inspections: conducted according to the plan of the Construction Quality Appraisal Agency and consistent with the progress of construction projects, with prior notice given to the Project Owner and construction enterprises.

48.2. Spot inspections: implemented by state agencies at various levels responsible for construction quality appraisal when necessary. At least two days' advance notice must also be given to construction enterprises, users, or project owners to prepare for spot inspections.

Article 49: Handling violations in construction quality management shall be carried out in accordance with Articles 55, 56, 57, and 58 of the "Regulations on Investment Management and Construction" issued together with Decree No. 42/CP dated July 16, 1996 of the Government, Articles 36, 37, and 38 of these Regulations, and other relevant national legal documents.

Article 50: When the Project Owner violates any of the following provisions, the Director of the Construction Department, the Ministry of Construction, the sectoral management ministry, or the specialized construction management ministry shall decide to temporarily halt operations to resolve the issue or handle it according to the law.

50.1. Selecting survey and design organizations, construction enterprises, and construction consulting organizations not in compliance with current state regulations.

50.2. Not fully implementing the organization of design review and approval, construction supervision, and installation of equipment, and completion acceptance of construction works.

50.3. Supplying building materials, structural components, and technological equipment below current technical standards and design requirements while still using them in construction works.

50.4. Using construction works before completing the acceptance process.

Article 51. When construction enterprises violate any of the following provisions, the Director of the Construction Department shall decide to temporarily halt operations and recommend to the competent authority to consider and handle the matter according to current state regulations.

51.1. Operating without a practice certificate or operating outside the scope defined by the practice certificate.

51.2. Lending or renting out the practice certificate.

51.3. Altering the content of the practice certificate.

51.4. Violating construction standards, technical standards, and failing to ensure construction quality according to approved designs, causing serious construction accidents.

51.5. Failing to repair damages as stipulated in Chapter VII of these Regulations.

51.6. Completed works handed over for use without being inspected as required by Chapter VI of these Regulations.

51.7. Evading warranty obligations for construction works.

Article 52: When construction consulting organizations violate any of the following provisions, the Director of the Construction Department shall decide to temporarily halt operations and recommend to the competent authority to consider and handle the matter according to current state regulations.

52.1. Operating without a practice certificate.

52.2. Operating outside the scope defined by the issued practice certificate.

52.3. Lending or renting out the practice certificate.

52.4. Altering the content of the practice certificate.

52.5. Survey, design, and design review documents not conforming to the "Regulations on Establishment, Review, and Approval of Construction Works" issued by the Ministry of Construction.

52.6. Evidence of unobjective and dishonest behavior in construction supervision and installation of equipment, and completion acceptance not matching the quantity or quality of the approved design.

52.7. Survey, design, design review, construction supervision, and installation of equipment quality not meeting standards, causing serious construction accidents.

Article 53: When construction quality appraisers at various levels violate any of the following provisions, depending on the severity of the violation, the head of the quality appraisal management agency shall take disciplinary actions or pursue legal responsibility.

53.1. Failing to firmly address violations of construction quality management laws by all parties involved in construction projects upon discovery.

53.2. Evidence of bias, unobjectivity, and dishonesty in construction quality appraisal work by all parties involved in construction projects, and in determining the causes of construction accidents.

53.3. Other negative behaviors such as colluding with the Project Owner or construction contract partners leading to technical errors, resulting in substandard construction quality.

Article 54: Individuals obstructing construction quality appraisers from performing their duties will be punished according to the law.

Chapter 10:

IMPLEMENTING PROVISIONS

Article 55: These Bylaws shall take effect from the date of issuance. All other provisions contrary to these Bylaws shall be abolished.

Article 56: The Ministries, agencies under the Government, People's Committees of provinces and centrally governed cities shall be responsible for organizing the implementation of these Bylaws.