Decree No. 62/2016/ND-CP on conditions for construction forensic examination activities and specialized construction testing

DECREE

Provisions on the conditions for conducting judicial construction appraisal and specialized construction testing activities

stipulations on the conditions for conducting judicial construction appraisal and specialized construction testing activities

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

Pursuant to the Law on Standards and Technical Regulations dated June 29, 2006;

Pursuant to the Law on Product Quality and Commodities dated November 21, 2007;

Pursuant to the Law on Forensic Examination dated June 20, 2012;

Pursuant to the Law on Construction promulgated on June 18, 2014;

On the basis of the Investment Law dated November 26, 2014;

At the proposal of the Minister of Construction,

the Government issues this DecreeProvisions on the conditions for conducting judicial construction appraisal and specialized construction testing activities.

Article 1. Scope of Regulation and Applicability

This Decree stipulates the conditions for conducting judicial construction appraisal and specialized construction testing activities applicable to domestic organizations and individuals, foreign organizations and individuals participating in construction activities within the territory of Vietnam.

Article 2. Conditions of capacity of judicial construction appraisers, persons conducting judicial construction appraisals on a case-by-case basis

Judicial construction appraisers must meet the provisions at point a, b Clause 1 Article 7 of the Law on Judicial Appraisal; persons conducting judicial construction appraisals on a case-by-case basis must meet the provisions at Clause 1, Clause 2 Article 18 of the Law on Judicial Appraisal. In addition to these conditions, judicial construction appraisers, persons conducting judicial construction appraisals on a case-by-case basis must also meet the following conditions:

1. For judicial appraisal regarding compliance with legal regulations in construction investment activities:

Have experience performing one of the tasks: project management in construction investment, construction supervision, building inspection, or state management of construction.

2. For judicial appraisal regarding quality or cause of damage, service life, and other technical parameters of materials, components, construction products, parts of buildings, or construction works:

a) Have experience performing one of the tasks: construction design, design review, construction supervision, construction, specialized construction testing, building inspection, consistent with the content of judicial construction appraisal;

b) Hold a practice certificate for leading construction survey or leading construction design according to the regulations for the case of quality appraisal of construction surveys or construction designs of works;

c) Hold a practice certificate for building inspection, construction design, or construction supervision according to the regulations for the case of quality appraisal of construction materials, construction products, equipment;

d) Hold a practice certificate for building inspection, construction design, or construction supervision according to the regulations for the case of quality appraisal of parts of construction works, construction works, and construction accident appraisal.

3. For judicial appraisal regarding construction investment costs of works, value of works:

a) Have experience performing one of the tasks: project management in construction investment, construction design, building inspection, or construction investment cost management, consistent with the content of judicial construction appraisal;

b) Hold a practice certificate for construction valuation according to the regulations.

4. The practice certificates of the individuals mentioned in Clause 2, Clause 3 of this Article are specified in Section 1 Chapter IV of Government Decree No. 59/2015/NĐ-CP dated June 18, 2015 on project management in construction investment.

Article 3. Conditions of capacity of organizations conducting judicial construction appraisals on a case-by-case basis

Organizations conducting judicial construction appraisals on a case-by-case basis are consulting organizations that meet the provisions of Article 19 of the Law on Judicial Appraisal and the following conditions:

1. For judicial appraisal regarding compliance with legal regulations in construction investment activities:

a) Have sufficient capacity conditions as prescribed to perform one of the tasks: project management in construction investment, building inspection, construction supervision, consistent with the content of judicial construction appraisal;

b) The individual leading the appraisal must meet the conditions as for judicial construction appraisers, persons conducting judicial construction appraisals on a case-by-case basis implementing the appraisal on compliance with legal regulations in construction investment activities as stipulated in Clause 1 Article 2 of this Decree.

2. For judicial appraisal regarding quality or cause of damage, service life, and other technical parameters of materials, components, construction products, parts of buildings, or construction works:

a) In the case of quality appraisal of construction surveys or construction designs of works; the organization implementing must have sufficient capacity conditions to perform one of the tasks: building inspection, construction survey, construction design, design review according to the regulations, consistent with the content of judicial construction appraisal;

b) In the case of quality appraisal of construction materials, construction products, equipment; the organization implementing must have sufficient capacity conditions to perform one of the tasks: building inspection, construction design, specialized construction testing, construction supervision according to the regulations, consistent with the content of judicial construction appraisal;

c) In the case of quality appraisal of parts of construction works, construction works, and construction accident appraisal; the organization implementing must have sufficient capacity conditions to perform one of the tasks: building inspection, construction design according to the regulations, consistent with the content of judicial construction appraisal;

d) The individual leading the implementation of the appraisals of the contents stipulated in point a, point b, point c of this Clause must meet the corresponding conditions prescribed in Clause 2 Article 2 of this Decree.

3. For judicial appraisal regarding construction investment costs of works, value of works:

a) Have the capacity to perform one of the tasks: building inspection, construction design, construction supervision, construction investment cost management according to the regulations, consistent with the content of judicial construction appraisal;

b) The individual leading the implementation of the appraisal must meet the provisions of Clause 3 Article 2 of this Decree.

4. The capacity conditions of the organizations mentioned in Clause 2, Clause 3 of this Article are specified in Section 2 Chapter IV of Government Decree No. 59/2015/NĐ-CP dated June 18, 2015 on project management in construction investment.

Article 4. Conditions for the capacity of construction forensic appraisal offices

1. Established and granted registration certificates to operate in accordance with the Law on Forensic Appraisal and related regulatory legal documents.

2. Meet the requirements for the capacity of construction forensic appraisal organizations in accordance with the case, consistent with the content of construction forensic appraisal.

Article 5. Conditions for organizations engaged in specialized construction testing activities

1. Organizations engaged in specialized construction testing activities as stipulated in this Decree are business organizations providing specialized construction testing services and construction project monitoring that meet the capacity conditions specified in Clause 2 of this Article and are granted certificates of eligibility for specialized construction testing activities by competent authorities. The validity period of the Certificate of Eligibility for Specialized Construction Testing Activities is five years from the date of issuance.

2. Capacity conditions:

a) An organization established in accordance with the law;

b) Meeting the general requirements of the national standard TCVN ISO/IEC 17025:2007 or the international standard ISO/IEC 17025:2005 and meeting specific requirements suitable for registered test indicators;

c) The direct manager of specialized construction testing activities must have graduated from a university majoring in a field relevant to one of the organization's testing areas;

d) Having testing technicians who must have completed secondary education or higher and possess relevant training certificates for each testing area.

Article 6. Documents, procedures, and authority for issuing certificates of eligibility for specialized construction testing activities

1. Application documents for issuing certificates of eligibility for specialized construction testing activities include:

a) Application form for issuing a Certificate of Eligibility for Specialized Construction Testing Activities according to Model No. 01 of Appendix I attached to this Decree (for new issuance or reissuance requests), or Application form for supplementing or amending a Certificate of Eligibility for Specialized Construction Testing Activities according to Model No. 02 of Appendix I attached to this Decree (for supplementary or amendment requests);

b) Copy of the Decision on Establishment or Business Registration Certificate or Investment License (for new issuance requests);

c) List of management staff and testing technicians along with relevant diplomas and certificates;

d) Documents proving the capacity for testing activities meeting the requirements specified in Point b, Clause 2, Article 5 of this Decree, appropriate to each request for new issuance, reissuance, or amendment and supplementation of the Certificate of Eligibility for Specialized Construction Testing Activities.

2. Procedures for issuing new or reissued Certificates of Eligibility for Specialized Construction Testing Activities:

a) Organizations engaged in specialized construction testing activities prepare one set of application documents as stipulated in Clause 1 of this Article and send them via postal service or submit directly at the Ministry of Construction's office. In cases where applications are submitted through the Ministry of Construction’s electronic information portal, follow the guidance documents on online administrative procedures as prescribed by the Government regarding e-Government;

b) Within five working days from the date of receiving the application documents, if the documents are incomplete or invalid, the Ministry of Construction has the responsibility to guide for supplementation and completion;

c) Within fifteen working days from the date of receiving complete and valid documents, the Ministry of Construction will organize an evaluation at the laboratory;

d) Within five working days from the date of the actual evaluation report and satisfactory rectification results (if any), the Ministry of Construction has the responsibility to issue the Certificate of Eligibility for Specialized Construction Testing Activities according to the model in Appendix II attached to this Decree.

3. Procedures for issuing supplementary or amended Certificates of Eligibility for Specialized Construction Testing Activities:

a) For supplementary or amended cases as stipulated in Point a, Clause 4 of this Article, the implementation procedures shall be carried out as prescribed in Clause 2 of this Article;

b) For supplementary or amended cases as stipulated in Point b, Clause 4 of this Article, within five days from the date of receiving complete and valid documents, the Ministry of Construction has the responsibility to issue the Certificate of Eligibility for Specialized Construction Testing Activities;

c) The validity period of the Certificate of Eligibility for Specialized Construction Testing Activities issued for supplementary or amended purposes shall be recorded according to the validity period of the previously issued Certificate of Eligibility for Specialized Construction Testing Activities.

4. Cases for supplementing or amending Certificates of Eligibility for Specialized Construction Testing Activities:

a) When organizations engaged in specialized construction testing activities need to amend or supplement contents of the previously issued Certificate of Eligibility for Specialized Construction Testing Activities;

b) When organizations engaged in specialized construction testing activities change the location of their laboratories.

5. Authority for issuing certificates of eligibility for specialized construction testing activities:

a) The Ministry of Construction is responsible for issuing new, amending, supplementing, reissuing, suspending, and revoking Certificates of Eligibility for Specialized Construction Testing Activities;

b) The Ministry of Construction recognizes equivalence for Certificates of Eligibility for testing and inspection activities in the field issued by other competent authorities in accordance with the law if these activities meet the conditions specified in Clause 2 of Article 5 of this Decree. Recognition of equivalence is carried out according to the procedures stipulated in Point b, Clause 3 of this Article.

Article 7. Suspension and Revocation of the Certificate of Eligibility for Construction Materials Testing Activities

1. The Certificate of Eligibility for Construction Materials Testing Activities shall be suspended when the testing organization engages in any of the following acts:

a) Announcing the temporary cessation of construction materials testing activities;

b) Failing to maintain the conditions stipulated in Article 5 of this Decree on a continuous basis;

c) Providing test result certificates that are incorrect or incomplete with respect to the contents prescribed in Appendix III attached to this Decree;

d) Conducting tests not listed in the scope of activities specified in the Certificate of Eligibility for Construction Materials Testing Activities or having testing personnel without appropriate educational qualifications for those tests;

đ) Failing to comply with the requirements of state management agencies regarding inspections and examinations of construction materials testing activities.

2. The Certificate of Eligibility for Construction Materials Testing Activities shall be revoked when the testing organization engages in any of the following acts:

a) Being dissolved, declared bankrupt, or seriously violating current laws;

b) Announcing the termination of construction materials testing activities;

c) Failing to apply for amendments or supplements to the Certificate of Eligibility for Construction Materials Testing Activities as required under point b, Clause 4, Article 6 of this Decree;

d) Failing to rectify deficiencies after the suspension of the Certificate of Eligibility for Construction Materials Testing Activities;

đ) Providing false test data;

e) Providing inaccurate test data that significantly affects the quality of construction works.

Article 8. Transitional provisions

1. Decisions recognizing the capacity to perform tests issued by the Ministry of Construction prior to the effective date of this Decree are equivalent to the Certificate of Eligibility for Construction Materials Testing Activities prescribed in this Decree.

2. Within thirty-six months from the effective date of this Decree, organizations holding Decisions recognizing the capacity to perform tests must apply for the issuance of the Certificate of Eligibility for Construction Materials Testing Activities if they wish to continue conducting construction materials testing activities.

Article 9. Implementation Provisions

1. This Decree takes effect from July 1, 2016.

2. In cases where standards cited in this Decree are amended, supplemented, or replaced, the latest version shall be applied.

3. Ministers, Heads of ministerial-level agencies, Heads of agencies under the Government, Chairpersons of provincial People's Committees, and Chairpersons of municipal People's Committees directly under the central government are responsible for implementing this Decree./.