Decision No. 68/2006/QĐ-TTg On the establishment of the State Acceptance Council for Construction Projects

DECISION OF THE PRIME MINISTER

On the establishment of the State Acceptance Council

for construction works

__________

PRIME MINISTER

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

Pursuant to Decree No. 209/2004/NĐ-CP dated December 16, 2004 of the Government on quality management of construction works;

Considering the proposal of the Minister of Construction,

DECISION:

Article 1. The State Acceptance Council for Construction Works (hereinafter referred to as the Council) shall be established with the function of assisting the Prime Minister in supervising the quality of important national construction works through the Council's inspection and acceptance activities.

Article 2. Tasks of the Council

1. Inspect the quality management work of the Project Owner to control the quality of construction works and ensure that the works are carried out in compliance with the provisions of the law.

2. Accept and confirm the conformity of the quality of construction works.

3. Report periodically annually or at any time to the Prime Minister on the situation of the quality of construction works accepted and inspected by the Council.

4. Issue the Working Regulations of the Council and other organizations assisting the Council; issue procedures, contents of inspection and acceptance by the Council. 5. Submit to the Prime Minister for approval the list of works expected to be accepted and inspected annually.

Powers and responsibilities of the Council

Article 3. a) Request the Project Owner, contractors, and related parties to report, provide information and documents related to the quality of construction works.

1. Powers:

b) Suspend construction if serious violations affecting the quality of construction works are discovered, and request the Project Owner and contractors to take measures to rectify these violations.

When there is doubt about the quality, request the Project Owner to re-inspect or the Council to organize a re-inspection to clarify the actual quality status of the construction works. In particularly serious cases, the Council reports and proposes remedial measures for the Prime Minister to decide.

c) Not accept or postpone acceptance if the quality of the construction works does not meet the approved design, standards, and regulations applicable to the works.

d) Appoint consulting organizations with sufficient capacity to conduct technical reviews and inspect and confirm the conformity of the quality of construction works with the approved design, standards, and regulations applicable to the works.

Be responsible before the Prime Minister and the law for opinions, conclusions, and decisions of the Council regarding the quality of construction works accepted or inspected by the Council.

2. Responsibilities:

Organizational structure of the Council

Article 4. 1. Chairman of the Council: Minister of Construction.

2. Vice Chairmen of the Council:

a) Deputy Minister of Construction;

b) Deputy Minister of Science and Technology;

3. Standing Member of the Council: Director of the National Quality Control Agency for Construction Works under the Ministry of Construction.

4. For works accepted by the Council, in addition to the members mentioned above, the Council also includes the following members:

a) Deputy Minister of the relevant ministry or Deputy Chairman of the People's Committee of the province or centrally-administered city where the construction work is located - Vice Chairman of the Council;

b) Head of the specialized agency (Bureau, Department, Board) with construction management functions of the relevant ministry or sector - Member of the Council;

c) Legal representative of the Project Owner of the construction work - Member of the Council;

d) Director of the Construction Department of the locality where the construction work is located - Member of the Council.

Lists of Vice Chairmen and Members of the Council are nominated by ministries, sectors, and localities upon request of the Chairman of the Council and sent to the Ministry of Construction. The Chairman of the Council decides the list of members of the Council for each work.

Organizations and individuals assisting the Council:

a) Depending on the scale and importance of the work, the Chairman of the Council decides to establish technical sub-committees consisting of competent and experienced experts or contracts with appropriate construction consulting organizations according to the type and level of the work to advise the Council;

b) Permanent Office of the Council: National Quality Control Agency for Construction Works under the Ministry of Construction (referred to as the National Quality Control Agency - Ministry of Construction).

Contents of the Council's acceptance and inspection work

Article 5. 1. For works organized for acceptance by the Council:

a) Inspect the quality management system and quality management work of the Project Owner and contractors;

b) Directly inspect the quality; re-inspect the quality of construction works or components if necessary;

c) Organize acceptance and confirm the conformity of the quality of construction works based on the acceptance results of the Project Owner and the direct inspection results of the Council.

2. For works organized for inspection by the Council:

a) Inspect the quality management work of the Project Owner and contractors;

b) Inspect the quality or re-inspect the quality of construction works or components if necessary;

3. Opinions, conclusions, decisions, and notifications of the Council and organizations and individuals assisting the Council must be expressed in writing.

4. The inspection and acceptance process of the Council is specifically reflected in the Working Regulations of the Council.

Legal effect of the Council's decisions

Article 6. 1. Opinions recorded in the acceptance minutes, working minutes, or written notification opinions of the Council have binding force on the Project Owner and related parties to comply with them. If the Project Owner has different opinions from those of the Council, they must submit a written explanation and clarification to the Council. In case of continued disagreement, the Council will report to the Prime Minister for decision.

2. In case the Project Owner plans to put the construction work or component into temporary operation before being accepted by the Council, they must submit a written explanation and seek the Council's agreement. The investment decision-maker will decide to put the construction work or component into temporary operation after receiving the Council's agreement.

Term of operation of the Council for each work

Article 7. The term of operation of the Council is calculated from when the Prime Minister assigns the Council the task of inspecting or accepting the work until the Council completes the inspection or acceptance work for that work.

The term of operation of the Council shall be from the date the Prime Minister assigns tasks to the Council for inspection or acceptance of the project until the Council completes the inspection or acceptance work for that project.

In the case where the construction project has been completed but the Council cannot conduct the acceptance due to the quality of the project not meeting the design requirements and the standards and regulations applicable to the project, the duration of the Council's subsequent operation shall be decided by the Prime Minister.

Article 8. Costs of the Council's operations

1. For projects that the Council organizes for acceptance, the costs of the Council's operations include: expenses for purchasing office supplies and office equipment; expenses for purchasing technical documents; expenses for inspection, acceptance, review of technical issues, and other activities of the Council serving the purpose of evaluating the quality of the project; allowances for members of the Council and individuals assisting the Council.

2. For projects that the Council organizes for inspection, the costs of the Council's operations include: expenses for purchasing office supplies; expenses for purchasing technical documents; expenses for inspecting the management of project quality, other activities of the Council, and activities of consulting organizations serving the purpose of evaluating the quality of the project; allowances for members of the Council and individuals assisting the Council.

3. The costs for the Council's operations are budgeted in the total project estimate. The permanent body of the Council is responsible for preparing the budget and final accounts for its operations for each project. The project sponsor is responsible for approving the budget, final accounts, and payment of the Council's costs.

Article 9. This Decision replaces Decision No. 211/2003/QĐ-TTg dated October 14, 2003, issued by the Prime Minister, and takes effect fifteen days after its publication in the Official Gazette.

Article 10. Ministers, Heads of ministerial-level agencies, Heads of government-affiliated agencies, Chairpersons of the State Acceptance Councils for Construction Projects, Chairpersons of People's Committees of provinces and centrally governed cities, Heads of units acting as sponsors of projects, and related organizations and individuals are responsible for implementing this Decision./.