The Decree 46/2015/nd-Cp: Quality Management And Maintenance Of Buildings

Original Language Title: Nghị định 46/2015/NĐ-CP: Về quản lý chất lượng và bảo trì công trình xây dựng

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Decree on quality management, maintenance and construction work _ _ _ _ _ _ _ _ _ _ _ _ _ _ based on Government Organization Law of 25 December 2001;
Pursuant to the law on building 18, 2014;
Pursuant to the law of bidding on November 26, 2013;
Pursuant to the law on quality of goods and products on November 21, 2007;
According to the recommendation of the Minister of construction, the Government issued the Decree on the management and maintenance of the quality of construction works.
Chapter I GENERAL PROVISIONS article 1. Scope of this Decree Law Guide built on quality management in construction surveying, designing and construction; on maintenance of construction works and to resolve the issue of construction works.
Article 2. The object of this Decree apply apply to the investment decision, the owner, the owner, the Manager, to use the work, contractors, foreign contractors, the State administration of building and the organizations and individuals related to the management and maintenance of the quality of construction works.
Article 3. Explanation of terms 1. Quality control of construction works is the active management of the subject involved construction activities according to the provisions of this Decree and other relevant laws in the process of preparing, implementing construction investment and exploitation, use of works to ensure that the requirements for the quality and safety of the work.
2. technical guidance is a set of technical requirements based on the technical regulation, standards to be applied to the construction, building construction design to guide, regulations on the material, products, equipment used for construction and construction supervision, construction company.
3. complete the drawing is the drawing of the completed building works, which reflected the position, size, materials and equipment used.
4. Record complete works is a collection of records, documents related to the process of construction works should be saved when putting the work into use.
5. Laboratory specialized in construction activity is measured to determine the characteristics of the soil-building, building materials, building environment, building products, Division of works or construction works according to certain procedures.
6. Monitoring the work activity is monitored, measured, documented the transformation of geometry, deformation, shifting and the other specifications of the works and the surrounding environment over time.
7. Monitoring fixtures works is measuring activity to determine the location, shape, the size of the terrain, buildings serving the construction, quality management, maintenance and troubleshooting of construction works.
8. construction activity is auditing check, evaluate the quality or cause damage to, value, duration of use and the other specifications of construction products, construction works or parts of works built through observation, experimentation combined with the calculation, analysis.
9. The assessment of building activity is construction and auditing reviews the compliance with the provisions of the law on construction, was conducted by the State Agency has the authority or at the request of the Agency.
10. the judicial inspection of building is the implementation of the professional activities of the construction according to the referendum of the agency conducting the proceedings, the person conducting the proceedings or at the request of the person requesting inspection under the provisions of the law on the judicial inspection.
11. conformity assessment in construction activities is assessed the relevance of the building materials and construction products in comparison with the requirements of the relevant technical standards are applied.
12. conformity assessment in construction activities is assessed the relevance of the product, goods, services, processes, environment with the corresponding standards.
13. maintenance of construction works is a collection of work to ensure and maintain the normal work, the safety of works under the provisions of the design in the extraction process used. Content maintenance of construction works may include one, some or all of the following work: testing, monitoring, quality control, maintenance and repair works but does not include the activities changed the power, scale.
14. Maintenance of construction works is the document rules of order and the content and directions to perform the maintenance work of construction works.
15. The time limit for use of the construction design (the design lifespan) is the period of time the work was expected to use, ensure safety requirements and functions. The term used in the design of the works specified in technical regulation, the applicable standards are concerned, the task of designing the building.
16. The duration of actual use of the works (actual longevity) is the period of time the work was practical use, ensure safety requirements and functions.
17. Maintenance of construction works is the commitment of the contractor in terms of repair, fix responsibility in a given time the damage, the defect can occur in the process of extraction, use of construction works.
18. The owner of the work is personal, held rights of works under the provisions of the law.
19. People Management, use of works is the owner in case of owner direct management, use of works or is the person who is to be the owner of the work authorization management, using works in the case of owners do not directly manage, use the works.
Article 4. General principles of quality management in the process of building 1. The construction works must be quality control under the provisions of this Decree and relevant laws from preparation, construction investment to manage, use works to ensure the safety of people, property, equipment, buildings and works.
2. Categories of works, construction works completed are only allowed to put into exploitation, use after trials ensures the requirements of building design, standards, technical standards for buildings, the requirements of the construction contract and the provisions of relevant laws.
3. The contractor when building activities involved must be qualified under the regulations, to take measures to manage the quality of the work done by its construction, the main contractor or the general contractor is responsible for managing the quality of work performed by subcontractors.
4. The owner is responsible for governing the quality of works match the form of investment, project management forms, form, scale and capital investment in the process of implementation of construction works under the provisions of this Decree. The owner is the right to perform construction activities if eligible under the provisions of the law.
5. Specialized agencies about building instructions, check the quality management of institutions, individuals involved in the construction works; evaluation design, check out the work of building company organisation, assess the quality of construction works; Petitions and handle breach of the quality of construction works prescribed by the law.
6. The holder may join the construction investment activities defined in paragraph 3, clause 4 and Clause 5 this is responsible for the quality of the work done by themselves.
Article 5. Responsibilities in quality management of construction works between client and the server can participate in construction activities 1. The case owner established project management construction: a) the owner is authorized to implement project management in whole or in part the responsibility of the owner in the process of quality management according to the provisions of this Decree. The owner must steer, check and take responsibility for the work was delegated to project management;
b) project management committee responsible to the owner and the law according to the tasks and powers are delegated owner.
2. where the owner hires consultant project manager, the contractor overseeing the construction works: a) the owner is entitled to delivery of this contractors do one or some of the responsibility of the owner in the management of the quality of construction works through construction contracts. The owner is responsible for monitoring the implementation of construction contract, handle the relevant issues between the contractor project management consultants, the contractor overseeing the construction works with other contractors and with the local authorities in the process of project implementation;
b) consultant project manager, the contractor overseeing the construction of public works responsible investor and the law on the tasks assigned.
3. The build guide details the administrative responsibilities of construction quality of the owner; delineation of responsibilities between the relevant subjects about the quality management of construction works in the case of application of general contractor, contract type contracts and cases of application of the investment in the form of public private partnership.
Article 6. Applied technical regulation, standards in construction investment activities 1. The application of technical standards, standards in construction activities must comply with the provisions of article 6 of law construction, and compliance with the relevant regulations by the Ministry of construction issued.
2. When applying overseas standards to have a presentation on the need to apply. Foreign standards are applied to have the full text of the standard as a file or a printer and must have a Vietnamese translation or English for content use.
3. With regard to the technical solution, technology, new materials, mainly of works for the first applied in Vietnam must meet the requirements of the technical regulation and the provisions of relevant laws. Contractor proposals for technical solutions, new materials and technology have the responsibility to provide bases, documents about the condition of the safety, performance and feasible when applied to the competent agency appraisal during evaluation of construction design in accordance with the law on construction.
Article 7. Quality management of individual housing construction

1. The management of the quality of individual housing construction was done on the principle of ensuring the safety of people, property, equipment, works, adjacent buildings and the surroundings. Encourage subject participation investment in individual housing construction applying the provisions of this Decree to manage the quality of individual housing construction.
2. The Build Guide on quality management of construction of individual houses.
Article 8. The classification and hierarchy of construction 1. According to the use, construction works are divided into categories as follows: a) civil works;
b) industrial;
c) transportation;
d) agriculture and rural development;
DD) technical infrastructure works;
e) works on defense and security.
The list details the types of buildings which are specified in annex I attached to this Decree.
2. With respect to the work not specified in items from the section I to section V of Appendix I of this Decree, the Ministry of construction, Ministry of construction management majors, determine the type of works.
3. Works, projects are based on the hierarchical scale, structural types, importance to apply in the management of the activities of the following construction: a) class management capacity of active participants build and publish the information capacity of the Organization , personal construction activities;
b) requirements for the level of works to establish technical guidelines and determine the number of construction design stage;
c) responsibilities of building design, check out the work experience in the process of construction and when completed the construction work of the professional bodies of the construction;
d) manage investment costs of building and construction contracts;
DD) decentralized authority granted a building permit;
e) specified on the warranty period of construction works; manage maintenance work of construction works;
g) decentralized construction problems and the authority to resolve the issue of construction works;
h) other related regulations.
4. Decentralization works to design the building and to manage the content set forth in the standards, technical regulation and the provisions of relevant laws.
5. The Ministry of construction, in cooperation with the Ministry of construction management majors guide hierarchy types of construction works referred to in Paragraph 3 of this article.
Article 9. Awards for the quality of construction works 1. Awards for the quality of construction works includes the following forms: a) national awards for quality of construction works the Government by the Prime Minister;
b) awards of high quality constructions and other quality award.
2. The award of the quality of construction works specified in paragraph 1 of this article is one of the bases to rated capacity assessment, and the results of the work of the Organization, individuals participating in construction and investment activities are reviewed the contract award under the provisions of paragraph 1 to article 146 construction Law.
3. The Contractor Award for the quality of construction works specified in paragraph 1 of this article are considered priorities by participating in the bidding in construction activities in accordance with the law on tenders. The prize is the base to review priorities for the contractor that the contractor to achieve in 3 years time to the nearest computer to when registering bids. The owner is responsible for regulating the content mentioned above in the bid.
4. The build guide details the forms, conditions, criteria, the order, registration procedures and review of quality prize of construction works.
Article 10. Specialized laboratory construction, construction monitoring, building inspection and certificate of conformity 1. Specialized laboratory construction, construction monitoring, building inspection, the certificate of conformity is the consulting activities of building condition. Participating organizations perform activities on must have registered and recognized as a rule. The individuals involved must have the certificate, the certificate of practice matches.
2. The construction of specific instructions about the activities specified in paragraph 1 of this article.
Chapter II MANAGEMENT of the QUALITY of BUILDING SURVEY article 11. The quality management process building survey 1. Establishment and approval of the task of building survey.
2. Establishment and approval of construction survey techniques.
3. quality management of building survey.
4. Testing, approval of the survey results builds.
Article 12. The task of building survey 1. Construction survey mission was established for the survey serves the preparation of investment projects in construction, building design, design, repair, renovate, expand, upgrade the work or service of the other survey related to construction activities.
2. The task of building survey by the design contractor. The case has not yet selected a contractor to design, decide investment or owner hired the Organization, individuals are eligible for duty-setting capacity building survey.
3. The content of the task of building survey include: a purpose built survey);
b) scope of building survey;
c) building survey standards are applied;
d) mass of the types of building survey (expected) and cost estimation for construction survey;
DD) duration of building survey.
4. The task of building survey is modified and supplemented in the following cases: a) during the implementation of building survey, detection of unusual factors may directly influence the design solution or when changing the design tasks need additional task of building survey;
b) During the design process, design contractors discovered the task of surveying, construction survey report does not meet the requirements of the design;
c) in the course of construction, the detection of unusual factors compared to survey, document design can affect the quality of the work, measures for the construction works.
5. When establishing the survey mission to review the mission survey and the survey results made in the previous design steps and results of the relevant survey was done before (if available).
Article 13. Technical building survey 1. Contractor survey plans of survey construction techniques consistent with the task of building survey, the survey of building standards are applied and the owner approval.
2. technical content building survey: a) the basis of plans of survey engineering construction;
b) components, the volume of construction survey;
c) methods, survey equipment and laboratories are used;
d) building survey standards apply;
DD) Organization and implementation of quality control measures of construction survey contractors;
e) progress made;
g) remedies guaranteed safe for people, equipment, infrastructure and other construction works in the area of survey; measures to protect the environment, preserve the landscape in the area surveyed and restored the scene after the end of the survey.
3. The owner check and approval of construction survey techniques. The owner can hire consultants are qualified capability to verify technical building survey as the basis for approval.
Article 14. Quality management of construction survey 1. The contractor is responsible for layout survey enough people with experience and expertise to implement the survey in accordance with the construction contract; people eligible to do capacity Chairman of the survey and implementation of quality control measures stipulated in technical building survey.
2. Depending on the scale and type of survey, the owner is responsible for the organisation of monitoring building survey according to the following: a) check the contractor's actual capacity building survey including manpower, equipment and field survey, the lab (if available) are used in comparison with the survey methodology approved construction and regulation of the construction contract;
b) track, check the implementation of building survey include: location survey, volume survey, survey process, data retention survey and experimental form; test laboratory and field experiments; check out the work of labour safety, safety of the environment in the process of implementation of the survey.
3. The owner is entitled to suspend work when the contractor does not perform the correct survey methodology has been approved or the regulation of the construction contract.
Article 15. The content report survey results of building 1. The base implementation of building survey.
2. process and method of building survey.
3. Overview location and natural conditions of the area building survey, characteristics, the scale, the nature of the work.
4. The volume of building survey was done.
5. Results, survey data built upon experiments, analysis.
6. The comments rating, admonition, proposed (if any).
7. conclusion and recommendations.
8. The annex attached.
Article 16. Testing, approval of the survey results report building 1. Test results reported building survey: a) owner to check the workload of building survey was made, considering the suitability of procedures, the number and content of the survey report compared with provisions of the mission building survey, technical survey built investor approval and regulation of construction contract; notice of approval test results reported building survey in writing to the contractor, if satisfactory survey.
Case report survey results builds are not yet satisfactory, the owner sent contractors surveys do not approve the written test, which States the content has not yet achieved the required that bidders have to edit the survey or survey to be done;
b) investor can hire consultants are qualified capability to check results reported building survey as the basis for the decision.
2. The investor approval directly to report survey results build upon notification of approval testing reports and responsible for the results of his approval.

3. The contractor responsible for the survey quality building survey undertaken by themselves. The testing and approval of the survey results report of the investor of the construction is not a substitute for and does not reduce the responsibility of the quality of building survey by survey contractors perform.
4. Reporting of survey results is building part of the completed works and records are stored according to the provisions of article 33 of this Decree.
Chapter III MANAGEMENT of the QUALITY of BUILDING CONSTRUCTION DESIGN article 17. The quality management process design construction 1. Set the task of building design.
2. quality management work of building design.
3. Appraise, verify construction design.
4. Approval of the construction design.
5. Collecting construction design.
Article 18. The task of building construction design 1. Owner or rent personal organizer, has the power to match up the task of building design.
2. The task of building design should match the feasibility study report or report of investment undertakings proposed building works. The task of building construction design is a base to set up investment projects, construction, construction design. The owner can hire a consulting organization, expert comment or verify design tasks as needed 3. The main content of the task of building design works include: a) the base to set the task of building design;
b) goal of building works;
c) location construction;
d) requirements for the planning, the landscape and architecture of buildings;
DD) requirements on the scale and duration of use of the work, the use and the other technical requirements for construction.
4. The task of designing the building complemented, modified to suit the real conditions in order to ensure effective investment projects construction.
Article 19. Technical instructions 1. Technical instruction is the basis to perform construction supervision, construction works and construction works. Technical instruction due to the contractor or contractors design consultants set rental owner. Technical instruction is approved as a component of bid construction, as the basis for managing the construction, construction supervision and construction company.
2. the technical guidelines must conform to technical regulation, standards applicable to approved construction and design requirements of construction.
3. the compulsory establishment of technical instruction for the particular supply, level I and level II. For works and monuments, technical instructions can be created or defined in the theory of intelligent design construction.
Article 20. Quality management in construction design work 1. Content management the quality of contractor construction design: a) the layout enough people with experience and expertise to make the design; election of the eligible capacity to do home projects designed, hosted design;
b) only use the survey results to meet the requirements of the design steps and in accordance with the standards, technical regulation is applicable to the work;
c) specifies the individual, Department, organization or affiliated organization, hire qualified individuals with the capacity to perform the work of an internal quality check profile design;
d) The investor profile designed to be appraised, approved under the provisions of the law on construction; acquire comments and evaluation process or edit comments evaluation design;
DD) make adjustments to design according to the regulations.
2. The contractor is responsible for design of quality construction design by themselves; the inspection, evaluation and approval of the design of the individual, the Organization, the investor, the investment decisions or the professional bodies of the building does not replace and does not reduce the responsibility of the contractor to design for quality construction design by themselves make.
3. where the contractor doing the design of the design contractor the contractor must undertake to design the projects primarily or mainly technology and entire responsibility about making contracts with subcontract party. Extra design contractors responsible for the progress of the previous design, quality of the tender and before the law for the job by themselves.
4. In the process of designing the construction of important countries, large-scale works, complex engineering, construction design contractor has the right to propose to the owner to perform the experiments, simulation to test, calculate the likely work of works aimed at improving design ensure the safety and technical requirements.
Article 21. Profile design specifications construction 1. Profile design was created for each of the works include theory of intelligent design, a computer, the design drawings, survey construction materials, construction estimation and maintenance of construction works (if any);
2. Design drawings must be of the size, frame rate, the name is shown under the applicable standards in construction activity. In the name of each drawing must have name, signature of the person directly, the design check designs, chaired the design, design, legal representative of the contractor and the contractor's mark design design in building construction contractor design case is held.
3. The presentation, design drawings, estimation to be close the dossier according to the uniform framework, set category, numbering, symbols to lookup and long-term preservation.
Article 22. Appraisal, assessment, approval, acceptance, storage building construction design 1. The work appraisal, approval, verification, testing, tuning and technical design, components of the profile construction design is done in accordance to the law and Decree on construction project management of construction works.
2. The profile construction design is part of the completed works and records must be stored according to the provisions of article 33 of this Decree.
Chapter IV MANAGEMENT of the QUALITY of the CONSTRUCTION WORKS Article 23. The quality management process the construction quality of the construction works to be controlled from the shops, production, manufacture of construction products, building materials, components and equipment used in the work to the construction, testing and bringing the projects , complete works on use. The sequence and the responsibility of the host can be specified as follows: 1. for quality management, products, materials, components, equipment used for construction work.
2. contractor's quality management during construction works.
3. Supervision of construction owner, check and construction jobs during the construction works.
4. Monitoring of the author of the design contractor in the construction works.
5. Laboratory for experimental evidence, try downloading and building inspection during the construction works.
6. Test the stage construction, parts (categories) of construction works (if any).
7. Start-up projects, complete works to put into exploitation, use.
8. Check the work of company building of competent State agencies.
9. File construction completed, records of the construction and handing over of construction works.
Article 24. Quality management for materials, products, components, equipment used for construction works 1. The responsibilities of the contractor providing construction products, building materials has been on the market: a) the implementation of quality examination experiment and give the party subcontract (the buyer the product build) the certificate, certificates, information, documents related to construction products according to the regulations of construction contract regulations of the law on product quality, the goods and the provisions of other relevant laws;
b) check the quality, quantity, type of product conformity with requirements of construction contract before delivery to the subcontract;
c) informing the party subcontract requirements for shipping, storing, preservation of construction products;
d) made repairs, modifies the product does not meet the quality requirements according to the warranty building products and the regulation of the construction contract.
2. The responsibilities of the contractor built, production of building materials, components and equipment used for construction works at the request of own design: a) The subcontract party (buyer) the manufacturing process, the quality control in the production process, manufacture and process laboratory, testing according to the requirements of the design;
b) organize manufacture, production and experiments, the test procedure has been party subcontract approval; automatic quality control and coordination with outside parties contractors in the delivery of quality control in the construction, manufacturing, shipping and storing in the works;
c) inspecting and testing before delivery to the subcontract;
d) shipping, delivered to the subcontract pursuant to the contract;
DD) provides for parties to subcontract the certificates, certificates, information, documents in accordance with the construction contract, the provisions of the law on product quality, goods and other related laws.
3. bid delivery Party is responsible for the following: a) the prescribed number, category, the technical requirements of the material, products, equipment, constructions in the contract with the contractor's supply; production, manufacturing, contractors in accordance with the requirements of the design, technical instructions applicable to the work;
b) check the number, category, the technical requirements of materials, products, devices and structures as specified in the contract; ask the contractor supplying, production; fabrication make the responsibility prescribed in paragraph 1, item 2 of this Thing before, lets take the materials, products, devices and structures in use for works;
c) performed quality control during manufacture, produced according to the procedure agreed with the contractor.

4. The contractor stipulated in paragraph 1, paragraph 2 this is responsible for the quality of materials, products, devices and structures by themselves supply, fabrication, production; the trials of party subcontract does not reduce the responsibility of the contractor.
Article 25. Quality management of construction contractor works 1. Contractor of construction works are responsible for receiving and managing building ground, preserving landmarks, locate landmarks and public buildings.
2. Establish and notify the owner and the holder may be relevant in quality management systems, policy objectives and ensure the quality of the work of contractors. The quality management system in the work of the contractor should match the scale of the work, in which the State Organization and responsibilities of each Department, the individual with regard to the management of the quality of the work of contractors.
3. The owner approves the following: a) the plan of organization and quality control, monitoring, calibrating the specifications of works according to the design requirements and technical guidelines;
b) test measures, quality control materials, products, devices and structures used for the works; design of the construction measure, which specifies the measures, ensuring safety for people, machines, equipment and buildings;
c) test plans, test construction, the construction stages or parts (categories) of construction, complete projects, building construction;
d) other necessary content at the request of the owner and the provisions of the contract.
4. Human disposition, construction equipment in accordance with the construction contract and the provisions of the relevant law, 5. Made responsible for managing quality in the shops, fabrication, production of materials, products, devices and structures used for under the provisions in article 24 of this Decree and the regulations of the construction contract.
6. Perform the experiment work checking of materials, components, products, equipment and building works, equipment, before and during the construction according to the provisions of the construction contract.
7. The construction according to the construction contract, building permit, construction design. Promptly notify the owner if other false detection between design, construction contract record and field conditions during construction. Automatic quality control of the construction according to the requirements of the design and construction contract provisions. Records management the quality of the construction works shall be established by regulation and in accordance with the time of actual implementation in the field.
8. Quality control of construction and installation of equipment; supervision of construction works for construction work done by subcontractors in case is the main contractor or general contractor.
9. Handle, fix the errors, deficiencies in the quality of the construction process (if any).
10. implementation of monitoring measurements, observation works according to design requirements. Perform the experiment, check the run menu and run an affiliate plan before the proposed trials.
11. Set the log construction works according to the rules.
12. the complete drawing Up regulations.
13. Requests the owner made the company moved the construction step, stage construction, or construction parts, complete projects, building construction.
14. the investor reports on the progress, quality, volume, labor safety and sanitation construction according to the provisions of the construction contract and the sudden requirements of the investor.
15. Refund, moving supplies, machinery, equipment and other property of themselves out of the market after the work has been delivered, except in the case of construction contracts have other agreements.
Article 26. Supervision of construction works 1. The construction works must be monitored during the construction as specified in paragraph 1 to article 120 of law building. Content construction supervision works include: a) informed of the duties and powers of the individual in the quality management system of the owner, the contractor overseeing the construction works, the contractor concerned to coordinate;
b) check the condition of the commencement of construction according to the provisions of article 107 of the Act of building;
c) check the suitability of the capacity building contractor works compared with tenders and construction contracts, including: human resources, construction equipment, specialized laboratory construction, the quality management system of the construction contractor works;
d) test measures the construction contractor's design than construction measures were approved;
DD) reviewed and approved the content due to the contractor as defined in paragraph 3 of this Decree and article 25 requires contractor to edit this content in the process of the construction works in accordance with reality and the provisions of the contract. Where necessary, the owner of construction contract in agreement with the contractor about the delivery contractors overseeing construction and require construction contractor for the aforesaid contents;
e) check and approval structure, materials, construction products, the equipment installed in the works;
g) test, urging contractors to the construction works and the other contractors to deploy field work as required on the progress of the construction works;
h) oversee the implementation of the regulation on environmental protection for the construction works under the provisions of the law on the protection of the environment; monitoring measures to ensure safety for surrounding works, works monitoring work;
I) oversees the safety guarantee under the provisions of the regulation, the provisions of the contract and the provisions of the laws on labor safety;
k) suggest the owner held tune as false detection design, unreasonable about design;
l) pause execution for construction contractor when it deems the construction quality is not guaranteed technical requirements, execution measures does not guarantee safety; hosted, in cooperation with the parties concerned to resolve the problems, which arise in the course of the construction works and the coordination process, troubleshoot according to the provisions of this Decree;
m) check acceptance service documents; check and confirm the completed drawings;
n) holds for experiments, quality control of parts of works, projects, construction work as defined in article 29 of this Decree;
o) implement company building to transfer the construction step, testing the construction stages or parts of buildings, complete projects, construction work as defined; check and confirm the volume of construction completion;
p) held up the complete records of construction works;
q) make the content in accordance with the construction contract.
2. The owner is the right to perform supervision of building works or consultancy organizations hire eligible under the regulation implementing a monitoring, some or all of the content of the provisions in paragraph 1 of this article.
3. in case of application of general contractor contract type design-provides technology equipment and construction works (EPC) or turnkey contracts, responsible for supervising the construction was defined as follows: a) general contractor is responsible for supervising the construction for the job because of his execution and the work by subcontractors of food does. General contractor was self-executing or hire qualified consultant capacity as prescribed implementing a monitoring, some or all of the content of the provisions in paragraph 1 of this article and have to be regulated in the construction contract between the general contractor with the investor;
b) investor is responsible for checking the implementation of construction supervision of the general contractor. The investor is entitled to send representatives to participate check company building, phase shifting key construction steps of the process and must be agreed in advance with the general contractor in the test plan, testing as specified in point a of paragraph 3 to article 25 of this Decree.
4. Implementation Monitoring of the provisions in paragraph 2 and point a of Paragraph 3 of this article to build a quality management system and has sufficient personnel perform monitoring at the field scale, fit the requirements of the job done. Depending on the scale, nature, engineering works, the structure of the organization overseeing the construction works include the Chief supervisor and the supervisor. The person who conducted the construction supervision of the aforesaid organization must have the certificate of practice construction supervision suit the specialization are trained and work level.
5. for the construction works by the State budget and the State capital in addition to the budget: a) Organization oversees the construction works must be independent of the building contractor and the contractor built, production, supply of materials, products and structures equipment used for works;
b) Organization oversees the construction not involved quality control of construction supervision by themselves;
the c) bidders fabrication, manufacturing, supply of materials, products, devices and structures used for works not be participating quality control for products related to supplies, equipment by themselves provide.
6. The operational guidelines construction supervision of construction works.
Article 27. Trials construction 1. Based on the planning of experiments, testing for the construction work and the actual work progress on the field, who oversees the construction works and the person in charge of the construction techniques of direct contractor construction company made the building to move the step execution. Test results are confirmed by the minutes for one or more construction work of a category of works according to the sequence of construction.

2. Who oversees the construction works to the base profile construction drawing design, technical instructions are approved, technical regulation, standards to be applied, the test results, quality of materials, laboratory equipment is made in the process of building construction that relate to the object to inspect the construction work experience is required currency.
3. Who oversees the construction company must perform the construction and confirmed by documents, must not exceed 24 hours from the receipt of the notice the company built to transfer the execution step of building contractor. The case does not agree to accept notice of reasons in writing for the construction contractor.
Article 28. Author of monitoring contractor design during the construction works 1. The contractor set up the technical design for the case of three-step design, contractors design drawing for the design a step or two step is responsible for supervising the author according to the provisions of the construction contract.
2. the implementation content: a) explain and clarify the works design document upon request of the owner, the construction contractor and contractor supervision of construction works;
b) in coordination with the owner when asked to address the obstacles that arise on the design during construction, adjustable design fits with the fact the construction works, handles the unreasonable in design at the request of the owner;
c) timely notification to the owner, and recommended measures to treat when detected the false construction with approved design of the building contractor;
d) join the company build upon request of the investor. Case detection projects, construction works not eligible trials must have timely written comments sent investors.
Article 29. Confronting laboratory, quality control, laboratory of bearing structures during construction 1. Confronting experiments are performed in the following cases: a) is specified in the contract or the technical instructions for important national works, large-scale works, technical complexity, the work has great influence on community safety and the environment;
b) When materials, building products, equipment and quality construction signs don't guarantee the quality according to the requirements of technical instruction or design;
c) at the request of the professional bodies of the construction.
2. Quality control, testing the ability of structures to be made in the following cases: a) is specified in the contract or technical construction according to the requirements of the design;
b) When public works, projects, building construction Division is no guarantee of quality according to the requirements of the design;
c) at the request of the competent State Agency contracted investment in the form of private public partnership;
d) referendum of the agency conducting the proceedings, the proceedings are conducted in accordance with the law on the judicial inspection or at the request of the presiding authorities cause trouble when the problem of construction works;
DD) at the request of the Council of the State trials of the construction works or the requirements of professional bodies of the building as needed.
3. where the provisions in point c of paragraph 1, point d and point DD item 2 of this article, the Agency asked to be allowed to appoint the advisory organization according to specified procedures reduced the tender specified in clause 1 Article 56 of Decree 63/2014/ND-CP dated 26 June 2014 about detailing the implementation of a number of articles of the law on bidding on the selection of contractors to perform.
4. construction design contractor, contractor, building contractors, building product manufacturing and other contractors involved must bear the costs of confronting experiment, quality control, laboratory of bearing structures if laboratory results auditing, to prove the fault of the contractor. For the remaining cases, the cost of performing this work are included in the total cost of construction works.
Article 30. Trials stage of construction or construction parts 1. Based on the specific conditions of individual works, the owner and building contractor can agreement on the testing stage of construction or a construction parts in the following cases: a) at the end of a stage of construction or a construction Division needs to perform check , to assess the quality before moving on to the next construction phase;
b) at the end of a construction bid packages.
2. Owner and building contractor concerned the agreement on time trials, sequence and content experience, participants experience; experimental results obtained formed thereon, article 31. Trials completed projects, construction work put into use 1. The owner organizes trials completed projects, building construction.
2. Conditions for testing completed projects, building construction: a) The construction works has made trials under the provisions of article 27, article 30 of this Decree. Results of experiments, test, test to ensure that the technical requirements specified by the design build;
b) no longer exist great quality construction affecting safety harness, use of works;
c) fire police agencies and fire out text trials of fire and fire according to the provisions of the law on fire and fire; be approved by agency reports environmental impact assessment certificate level complete environmental work of the project in accordance with the law on the protection of the environment and the written approval of the other competent authorities under the provisions of the relevant laws, if any.
3. Investors are deciding to hold individual part works or conditional acceptance to put the work into use in case some still exist about the quality but does not affect use, longevity, success of the process and ensure the work eligible safety harness. The minutes of trials must indicate the existence of quality need to fix or the construction work should be continued and the time of completion of this work. The investor must organize trials completed works after the existence of quality has been remedied or the remaining construction work has been completed.
4. conditions to take the work, projects to use: a) works, projects are trials as a rule;
b) for works specified in Article 32 paragraph 1 of this Decree, the competent authorities should be specified in clause 2 of this Decree 32 check and work out the text approved test results by the owner referred to in point a of this Paragraph. Private capital works using the State budget and the capital budget, foreign investors are only contract settlement construction after having accepted the above test results.
5. The owner and the contractor concerned the agreement on time trials, sequence and content experience collects; experimental results obtained formed thereon.
Article 32. Check out the work of building the company 1. The construction works must be competent State agencies specified in clause 2 of this check the work experience in the process of construction and completion of the construction works prescribed in paragraph 4 to article 123 of law building include: a) of national importance large scale works, technical complexity according to the category because the Prime annual decisions;
b) capital construction budget and foreign capital budgeting;
c) works there great influence on community safety regulation in annex II to this Decree, in addition to the works already mentioned in point a, point b of this Paragraph;
d) works there great influence to the environment outside the works specified in point a, point b, point c are competent bodies examined according to the provisions of the law on the protection of the environment;
DD) for Private line, substation 35KV voltage from there back down, grade IV used foreign capital budget, owner of self acceptance organization according to the provisions of this Decree. The owner has the responsibility to report on the results of the above testing to professional bodies of the construction according to the hierarchy in point c of Paragraph 2 of this Article to aggregate, track.
2. check the jurisdiction: a) the Council of the State trials of the construction works is established and operating under the Prime Minister's decision to perform the check against the works defined in art. 1 of this article;
b) professional bodies of the construction Ministry of construction and Ministry of construction management majors, check the type of structure does not distinguish capital investment are the responsibility of the managers as defined in paragraph 1, paragraph 2 Article 51 of this decree with regard to the process level I , works, works by the prime delivery, works by going through the back-up, works by the Ministry of construction, the construction manager specialized in investment decisions, works by the Group of State economic investment decisions or do the owner except the works specified in point a of this Paragraph;
c) Department of construction and management of specialized construction work check the types of construction works on the area of responsibility of the managers as defined in paragraph 4 Article 51 of this Decree, except the works specified in point a, point b of this Paragraph.
Basing the actual conditions of the local people's Committee, the provincial level can perform authorization checks for some grade III and IV are the responsibility of the Department, the Department of building construction management majors mentioned above for the room may function in building management committees at district level;

d) in the case of investment projects in construction works, including several projects have different levels and types in the object stated in paragraph 1 of this article, the host agency organizations make check is responsible for checking the implementation of works, the main work items have the highest levels of investment projects in construction;
DD) Ministry of defence, the Ministry of public security authority to make regulations for the inspection of public works, defense and security.
3. content check includes checking the compliance with the regulations on the management of construction quality of the owner and the contractor involved in construction activities, survey, design, construction of works under the provisions of this Decree and the regulations of the relevant law.
4. test sequence: a) for works specified in paragraph 1 of this article, after the construction the owner have a responsibility to report the competent agency specified in clause 2 of this Article the following information: name and address of the owner, the name works, construction location , the scale and progress of the work;
b the competent authority) specified in clause 2 of this notice to the investor test plans; holding checked and reported the test results in the process of the construction works at the latest after 7 days from the date of the check;
c minimum) before 15 June for special supply, level I or before 10 days for the remaining work than expected investor day held trials "as defined in paragraph 1 or paragraph 3 article 31 of this Decree, the owner must submit a written proposal to check the work experience projects construction works, to use to the competent agency specified in clause 2 of this Thing;
d the competent authority) specified in clause 2 of this Thing done to check the work experience of the client and approval test results by the owner within 15 days for the particular supply, level I or 10 days for the rest of the work since the end of the test. The case owner to perform the requirements prescribed in this Paragraph, the term Ridin Points mentioned above are calculated from when the owner completes these requirements;
DD) in the course of inspection, the competent authorities are entitled to require the owner and the parties concerned, fix the existence (if any) and confronting experiment, try downloading, quality control Department, or an entire category of works under the provisions of article 29 of this Decree;
e the competent authorities) are invited to the organizations and individuals who have the appropriate capacity participated in the inspection.
5. The cost for checking the work of trials in process execution and completion of the construction due to the investor established estimation, evaluation, approval and be counted in the total investment construction.
6. The construction of detailed instructions about checking the work experience in the process of construction and completion of the construction works.
Article 33. Prepare and complete records of construction works 1. Complete records of construction works must be the owner held up adequately before putting the category works or works on exploitation, operation.
2. the complete records of construction works to be created once for the entire project construction works if the construction works (projects), the project was put into exploitation, using the same time. The case of the works (projects) of the project were put into exploitation, use in the different times then can prepare complete works for individual works (projects).
3. The owner held up and archive a set of complete records of construction works; the server can participate in investment construction self archive of records relating to his job done. Private homes and buildings monuments, the filing must comply with the provisions of the law and the law on cultural heritage.
4. The build instructions on the category and the time limit for filing complete works.
Article 34. Delivery of projects, construction 1. The delivery of projects, construction works are carried out according to the provisions of article 124 of law building.
2. Depending on the specific conditions of the work, each part works, projects finished and was prescribed test can be handed operation at the request of the owner or the extraction unit to use.
3. in case of application of the investment in the form of public-private partnerships, State regulators have the authority to contract for the project, the investor must consider meet the conditions stipulated in the contract of transfer projects and provisions of other legal texts concerned.
Article 35. The warranty requirements of construction 1. Construction contractor, the contractor supplying the device responsible to the owner about the warranty for the work done by themselves.
2. the warranty period for projects, new construction or renovations, upgrades are calculated since the test prescribed in paragraph 1 and paragraph 3 article 31 of this Decree and are specified as follows: a) Not less than 24 months for construction, special supply items and level I;
b) Not less than 12 months for the remaining supply items;
c) particularly for housing, the warranty period under the provisions of the law on housing. 3. The warranty period for the equipment of buildings, equipment and technology identified under building contracts but not shorter than the warranty period as specified by the manufacturer and be counted since the trials completed equipment installation work.
4. Depending on the specific conditions of the work, the investor can deal with contractors about the warranty period for one or more projects or tenders in construction, installation of equipment outside the warranty period for the work prescribed in clause 2 of this , but not less than the warranty period stipulated in paragraph 2, paragraph 3 of this article.
5. for the categories of works in the construction process has defects in quality or the problem has been the contractor for repair, fix the warranty period of the process can last longer than on the basis of the agreement between the owner with the building contractor prior to testing.
6. The owner must deal in the construction contract with the contractor involved construction of the parties ' rights and responsibilities in the maintenance of construction works; the warranty period of construction works, the device works, technology equipment; submit warranty; the retention, use, refund and warranty the replacement money construction warranty by letter of guarantee of bank guarantee of equivalent value. The aforesaid are only contractors refund warranty works or reduce the guarantee letter of warranty after the end of the warranty period and was the owner of confirmation has completing the warranty work.
7. for works using state capital, the level of minimum guarantee funds are defined as follows: a) 3% of the value of the contract for the construction of special levels and level I;
b) 5% of the value of the contract for construction of the remaining levels;
c) level of money for maintenance works using other capital can refer to the minimum level mentioned in point a and point b of this Clause to apply.
Article 36. Warranty construction 1. During the period of construction, when damaged, defect of the work, the owner or the Manager, use the process of notifying the investor to ask contractors to the construction works, the contractor supplying the equipment warranty.
2. the construction contractor, the contractor supplying the equipment warranty, his work assignment made after the notice of warranty claims by the owner, the owner or the Manager, use the process of with respect to the damage incurred during the warranty period and must bear all costs related to the warranty.
3. construction contractors construction contractors, equipment suppliers have the right to refuse warranty in the case of damaged, defective arise is not the fault of the contractor caused or caused by unforeseen causes; The case of damage or defects arising due to the fault of the contractor that the contractor does not warranty, the owner has the right to use the money to hire maintenance organization, the other individual warranty. The owner or Manager, use the process have a responsibility to follow the rules of operation, maintenance, construction work in the extraction process, using works.
4. The owner is responsible for testing, test the performance of the contractor guarantee the construction works, the contractor supplying the equipment.
5. Confirm the completion of the construction warranty: a) the end of the warranty period, the contractor, the construction works and equipment supply contractor reporting complete warranty delivered owner. Investors have avoided certifying completion of warranty of construction works for the contractor in writing;
b) the owner or the Manager, the use of responsible work involved confirm complete warranty for construction contractors to the construction works and the contractor supplying the equipment as requested by the owner.
6. construction survey contractor, contractor, building design, construction contractors, construction contractors supply works and other related contractors are responsible for the quality of work done by themselves even after the warranty period.
Chapter V MAINTENANCE of CONSTRUCTION WORKS Article 37. Order for maintenance of buildings 1. Establishment and approval of the maintenance buildings.
2. Planning and estimating cost of maintenance buildings.
3. Perform maintenance quality management and maintenance tasks.
4. the safety assessment and safety bearing works.
5. Establishment and maintenance of records management of construction works.

Article 38. Maintenance of buildings 1. The main content of the process said the construction works include: a) The specifications, our technology works or parts of works and works equipment;
b) specified object, method and frequency of checks works;
c) content rules and instructions make maintenance works in accordance with each Department works, types of works and equipment installation in the works;
d) specified the time and directions replace periodically the equipment installed in the works;
DD) instruction method of repairing the damage of the construction, handling cases of degraded structures;
e) specified the time of use of the work;
g) rules on content, time periodic reviews with respect to work safety assessment in the extraction process used in accordance with the relevant legislation;
h) determine, subject and content need periodic inspection;
I) prescribing the time, methods, monitoring cycles for project implementation monitoring requirements;
k) instructions relating to construction and maintenance regulations the conditions to ensure occupational safety, hygiene and the environment in the process of maintenance of construction works.
2. Responsible for establishment and approval process maintenance of construction works: a) contractor construction design created and delivered to the owner maintenance of construction works or parts of works together with the following deployment designs profile design; updated maintenance procedures to suit the content of design changes during construction (if any) before the earning test projects, construction work put to use;
b) contractor to provide equipment installation on works created and delivered to the owner maintenance for its equipment provided before installation in the works;
c) where the contractor construction design, equipment supply contractors do not set the maintenance process, the owner can hire another consultant qualified capability to establish processes, maintenance, for the objects stated in point a, point b of this Clause and is responsible for paying the cost of counseling;
d) Investor held up and approved maintenance procedures as defined in point b of paragraph 1 Article 126 the construction Law. The owner, the owner or the Manager, use the works can hire consultants are qualified capability to verify a portion or the entire maintenance process of construction works by the contractor to establish design as the basis for the approval;
DD) for the construction work have been put into exploitation, use, but no maintenance, the owner or the Manager, use the process held up approval process and maintenance of construction works, can organize quality control for the construction as the basis to establish maintenance construction work if necessary. During maintenance procedures must clearly define the time use the rest of the work.
3. Not required to establish maintenance procedures specific to each grade III, individual housing and temporary works, unless the law otherwise. The owner or Manager of this work still have to perform maintenance of construction works according to the regulations on maintenance of construction works of this Decree.
4. in case there are technical standards on maintenance or maintenance of works similar to match, then the owner or Manager to use the applicable technical standards or that procedures for works without setting a private maintenance process.
5. Adjust the maintenance of construction works: a) the owner or Manager to use the work is entitled to adjust the maintenance process when it detects that the unreasonable factors can affect the quality of the work, influence the exploitation, use and take responsibility for their decision;
b) set maintenance contractors are obliged to modify, supplement or change these unreasonable content in the process of maintenance if his fault cause and have the right to refuse the request to adjust the unreasonable maintenance process of the owner or Manager to use works;
c) the owner or the Manager use the work has the right to hire other contractors have qualified capacity made additional amendments change the maintenance process in case the contractor set up the initial maintenance process not done the job. The contractor performed additional modifications, maintenance of buildings must take responsibility for the quality of his work;
d) for use of technical standards maintained to perform maintenance, when this standard is modified or replaced, the owner or the Manager uses the public works is responsible for performing maintenance as the contents have been modified;
DD) the owner or the Manager uses the public works is responsible for approving the content of the maintenance process adjustment, unless otherwise specified by law.
Article 39. Planned maintenance works in building 1. The owner or Manager to use the maintenance planning of construction works annually on the basis of the approved maintenance procedures and the current state of the process.
2. Main content of planned maintenance of construction works including: a) the name of the work done;
b) duration;
c) implementation modalities;
d) implementation costs.
3. maintenance plans can be modified and supplemented in the course of implementation. The owner or Manager to use the process of deciding the amendments, additional maintenance plan of construction works.
4. The repair works, the device depending on the level of charges, the procedure shall be as follows: a) for repair works, the device cost under 5 hundred million from the State budget, the owner or the Manager use the sequence of decisions about repair plan with the following content : Name of parts of constructions or equipment needs repair, replacement; the reason for repair or replacement, the goal of the repair or replacement; the volume of work; expected costs, the expected duration and completion time;
b) for repair works, the device costs taken from 5 hundred million or more from the State budget, the owner or the Manager use the works held up, the appraisal and approval of technical or economic report projects built under the provisions of the law on construction works;
c) for repair works not using capital from State budget sources, encouraging owners or managers using reference works, applied to the contents outlined in point a, point b of this Paragraph.
Article 40. Perform maintenance works in building 1. The owner or Manager to use the sequence organization made the inspection, maintenance and repair works according to the maintenance works be approved if the eligible capacity or hire qualified organizations capacity to perform.
2. Check the regular work, periodic and irregular aimed at timely detection of signs of degradation, the damaged works, equipment installation in the works as the basis for the maintenance of the works.
3. Maintenance works are carried out according to the annual maintenance plan and maintenance of construction works be approved.
4. Repair works include: a) periodic repair works include the repair or replacement of damaged parts of works, equipment installation on the damaged buildings are made periodically in accordance with the maintenance process;
b) unscheduled repair works were done when the Department of public works, public works damaged by the impact of sudden as wind, storms, floods, earthquakes, fires and other sudden impacts or when the Department of public works, the work has manifest degradation affecting the safe use , operation, exploitation of works.
5. Quality control for buildings maintenance staff are made in the following cases: a) the periodic inspection by maintenance works have been approved;
b) When found to have quality works of some parts of works, works with signs of danger, does not guarantee safety for the exploitation, use;
c) when asked to evaluate the quality of the current state of the process for establishing maintenance procedures for those works was put to use but no maintenance;
d) When the base is required to determine the extend of use of works for the public works out longevity design or as the basis for the upgrade, improvement works;
DD) when required by the State administration of the building.
6. Monitoring the work of maintenance staff must be made in the following cases: a) important national works, works when the problem can lead to disaster;
b) works with subsiding, sideways, cracking and other unusual signs likely to cause crashes pouring works;
c) at the request of the owner, the owner or Manager to use;
The Ministry of construction, Ministry of construction management majors rule on listing the works required to observation in the extraction process used.
7. where the works are more than the owners responsible for maintenance works, part of his own property, the owners are responsible for maintaining the public-owned buildings under the provisions of the relevant laws.
8. With regard to the works have yet to be delivered to the owner or Manager, to use the work, the owner is responsible for planning the maintenance of construction works and implement maintenance construction work according to the content of the provisions of this Article and article 39 of the Decree. The owner has a responsibility to hand over records of maintenance works for the building owner or Manager, use the works before handing the work put into exploitation, use.
Article 41. Quality management work of maintenance of construction works

1. The inspection of regular work, periodic and irregular is the owner or the Manager, using the work done by visually, by regular monitoring (if available) or by the specialized test equipment when needed.
2. Maintenance work be done step by step as defined in the maintenance process of construction works. The results of maintenance works must be recorded and the record-setting; the owner or Manager, use the work is responsible to confirm the completion of maintenance and management in the maintenance records of construction works.
3. The owner or the Manager, use of works is responsible for the Organization, monitoring construction repair; set up, manage and keep records of repair works under the provisions of the law on management of construction works and the other legal provisions concerned.
4. Repair works must be not less than 6 months warranty for the work from level II back down and not less than 12 months for works from level I.
5. The owner or the Manager, use the works deal with contractors for repair work on the right and the responsibility of warranty, the warranty period, the warranty deposit for repairs during the maintenance of construction works.
6. The owner or the Manager, use of works is responsible for the Organization, monitoring construction repair; set up, manage and keep records of repair works under the provisions of the law.
7. where the project monitoring requirements or quality control, the owner or the Manager, use the process to hire qualified organizations capacity to perform. Where the owner or Manager can use to hire independent organizations to evaluate the results of inspection reports, monitoring results report.
8. maintenance documents of construction works: a) the documents serve maintenance includes maintenance of construction works, the completed drawing, installation equipment, history and records, other necessary documents serve for maintenance of construction works;
b) investor is responsible for handing over the documents on maintenance of construction works for the owner or Manager, use the works before handing the work put into exploitation, use.
9. maintenance records of construction works including: a) the materials to serve the maintenance of construction works referred to in Paragraph 8 of this Article;
b) maintenance plan;
c) test results works regularly and periodically;
d) results maintenance, repair works;
DD) monitoring results, quality control results (if any);
e) result-bearing safety and operating the works during the extraction process, using (if any);
g) other related documents.
Article 42. Maintenance costs of buildings 1. The expense of maintenance of construction works is formed from the following sources: a) to the State budget (central budget, local budget) allocated annually for projects using the State budget;
b) source costs use of construction works outside the State budget;
c) capital of the owner, the owner for the construction business;
d) contributions and Resources mobilization of the organizations and individuals;
DD) The legal capital.
2. Costs established, verified maintenance of construction works: a) costs established, verified maintenance of construction works is calculated in the total cost of construction works;
b) costs, verify the maintenance process for the construction works were put into exploitation, use, but no maintenance is included in the maintenance costs of construction works;
c) adjusted cost maintenance of construction works located in the maintenance costs of buildings. The contractor established maintenance process of construction works is responsible for paying the cost of performing maintenance adjustment of construction works in the case of work to make this adjustment to his fault causes.
3. Estimation of maintenance of construction works: a) the estimation of maintenance of construction works (hereinafter referred to as the estimation of maintenance) is determined according to the particular maintenance task and is grounded to the owner or the Manager, use the maintenance cost management of construction works;
b) estimation of maintenance are set bases on the basis of the volume of the work identified as planned maintenance and building unit price according to the regulations of the competent service of maintenance of construction works to accomplish the workload;
c) the owner or the Manager, the use of responsible work held up, evaluation and approval of the estimates for maintenance works using State budget funds and foreign capital budget to perform maintenance of construction works.
With regard to the use of other sources of capital, encouraging the owner or Manager, use the process held up, evaluation and approval of the maintenance cost estimation;
d) the agencies specified in paragraph 2, paragraph 3, clause 4 Article 51 this method bases the decree establishing norms of building maintenance service by the Ministry of construction building instructions, Organization building and announced the intention of building maintenance service level for public accordance with peculiarities of the local, and posted on the Ministry of construction to the track, management.
4. The owner of the work or the Manager, use the process of approval of the estimates maintenance of construction works under the provisions of the law on managing costs in construction activity.
5. Management, billing, settlement maintenance costs of construction works: a) for construction work using State budget funds, the owner or the Manager, use of works is responsible for the management, billing, settlement funding maintenance of construction works under the provisions of the law on the State budget and the other provisions of the relevant legislation;
b) for construction projects not using State budget funds to perform maintenance, owner or Manager, use the process responsible for managing the cost of maintenance and the payment, settlement maintenance costs of buildings.
6. With regard to the case prescribed in clause 8 Article 40 of this Decree, the maintenance cost of buildings is calculated in the total cost of construction works.
43 things. Safety evaluation and safety bearing works in the extraction process, use 1. Important national works, large-scale works, technical complexity, affect community safety must be held periodic safety reviews of works in the extraction process used.
2. content reviews include bearing safety and safe operation of the process of extraction, use of works. The assessment of fire safety and fire extinguishing, nuclear safety and other safety evaluation is done according to the provisions of the relevant laws.
3. The owner or the Manager, used to work the Organization of periodic safety reviews bearing and safety works, send results reviews to the competent agency specified in clause 4 of this Article to track and test.
4. Authority to check the safety evaluation of bearing, operating safety in the process of extraction, use of works: a) the specialized agencies regarding the construction Ministry of construction and Ministry of construction management majors checked for grade I came up under management prescribed in clause 1 , Item 2 Article 51 of this Decree;
b) Department of construction and management of specialized construction inspection for works on the area from level II and below under management prescribed in clause 4 Article 51 of this Decree;
c) Ministry of defence, the Ministry of public security conducted inspection for the works of defence and security.
5. The cost of implementing the safety assessment work in the extraction process used includes the cost of quality control, costs, tax experts and other necessary expenses caused by the owner or the Manager, use the work payments and are included in the cost of maintenance of construction works.
6. The Ministry of construction, Ministry of construction management majors, the Department of Defense and the Ministry of public security regulations on the subject works, frequency of reviews, process safety assessment, safety of works during the extraction process, use.
Article 44. Handle construction for signs of danger, does not guarantee safety for extraction, use 1. When the detection process, projects are signs of danger, does not guarantee safety for the exploitation, use, then the owner or Manager, use the work is responsible to perform the following: a) check the status quo works;
b) accreditation organization (if necessary);
c) decided to implement the emergency measures such as limiting the use of the work, stop using works, move people and assets to guarantee safety if works are at risk of collapsing pour;
d) report immediately to the nearest local government;
DD) repair the damaged risk affecting the safety of use, safe operation of the construction or demolition works when needed.
2. When discovered or received information of parts of works or of works show signs of danger, does not guarantee safety for the exploitation, use, the local authorities are responsible for: a) the Organization checks, notifications, requests and instructions the owner or Manager, use the survey organization works , quality control, evaluation of dangerous degree, make repairs or demolition works or parts of works, if necessary;
b) require the owner or Manager, use the process of implementation of the emergency measures referred to in Point c of Paragraph 1 of this article in case the owner or Manager, use the process not actively done to ensure safety;

c) where construction works, construction projects are dangerous signs which can lead to the risk of crash dump, the State Agency has the authority responsible, in coordination with the owner or Manager, use the right safety measures , including limiting the use of the work, stop using works, move people and property if necessary to ensure safe;
d) handle the responsibility of the owner or the Manager, the use of works under the provisions of the law when it did not follow the request of the State Agency of competent jurisdiction prescribed in clause 2 Article 45 of this Decree.
3. Particularly for the old condo, condo has signs of danger, does not guarantee safety for the exploitation, use, the owner or the Manager, use the process of implementation of the provisions of this Decree and the other provisions of the law on housing. 4. All citizens have the right to notify the owner or the Manager, use the work, State regulators or the mass media know when parts of works, construction works of the crash or signs of danger, does not guarantee safety for the exploitation , used to process in a timely manner.
5. The owner or the Manager, use the work, to the State agency authorized to receive the information on the Department of public works, construction works of the crash or signs of danger, does not guarantee safety for the exploitation, use, are responsible for applying the safeguards referred to in Point c of Paragraph 1 of this article. The case is not handled in time, cause damage to persons and property shall be responsible before the law.
Article 45. Handle to the process expiry use needs further use 1. Expiry of work use, then the owner or Manager, use the process to perform the following operations: a) inspect, audit, reviews the current state of quality of works;
b) reinforced, renovate, repair damaged (if any) works to ensure the safe use and before consideration, decide to continue using the work;
c) decide the continued to use after the implementation of the tasks referred to in point a, point b of this Paragraph except the works specified in point d of this Paragraph;
d) reported test results, test, evaluate the quality of the work, the result of the repair works (if any) with the agencies prescribed in clause 2 of this Thing to be reviewed and approved the limited use for works specified in annex II to this Decree.
2. responsibility and authority notices dealt with expiry of work use needs further use: a) the Ministry of construction, the construction manager specialized for the particular supply within the Department's management under the provisions of paragraph 1, paragraph 2 Article 51 of this Decree;
b) provincial people's Committee for public works level I, level II;
c) committees at district level for the remaining works;
d) Ministry of defence, the Ministry of public security regulations on the responsibility and authority to handle notifications for expiry works use needs further use for defense work, security;
DD) particularly for Housing Authority handles under the provisions of the law on housing. 3. Determining the time limit for the use of works that are based on the technical status, requires the use of specific, the type and level of work.
4. The case of no further use to the expiry using: a) the owner or the Manager, use the work needs no further use;
b) the owner or the Manager, the use of works made the provisions in clause 1 of this article, but the work does not guarantee safety.
5. The owner or the Manager, use the process responsible for dismantling the work prescribed in clause 4 of this Article.
Chapter VI the PROBLEM of CONSTRUCTION WORKS Article 46. Hierarchy problems during construction and exploitation, use, supply problems are divided into three levels according to the degree of damage and human losses, including the incident level I, level II and level III as follows: 1. The incident level I includes: a) the issue of construction works do die from 6 people upwards;
b) Collapsed, public works projects, level I or over or damaged there is a risk of causing crashes, public works projects, level I or higher.
2. The incident level II includes: a) the problem of buildings that killed from 1 person to 5 people;
b) Collapsed, public works projects, level II, level III or corruption risks causing crashes, public works projects, level II and level III.
3. The incident level III includes the incident rest in addition to the issue of construction works specified in item 1, item 2 of this Article.
Article 47. Report the issue of construction 1. Immediately after the crash, using the quick method for the investor to report a summary of the problem for the people's Committee of social level where the problem and the superior Agency, the people's Social Committee immediately after receiving the information must be reported to the people's committees at district level and the provincial level regarding the issue.
2. Within 24 hours since the incident occurred, the investor reports on the incident in writing to district-level people's committees and the provincial people's Committee in the place of the crash. For all kinds of trouble, if there is damage to the person, the client sends the report to the Ministry of construction and the State Administration has jurisdiction under the provisions of the relevant laws.
3. After receiving the written report or get information about the incident, the provincial people's Committee has the responsibility to send crash reports to the Ministry of construction and Ministry of construction management majors for the trouble the incident level I and other issues that have human losses.
4. the management bodies of State authority is entitled to request the client and stakeholders to provide information on the incident.
5. in case of incidents occurring in the process of work exploitation, use, the owner or the manager responsible use, made in accordance with paragraph 1, paragraph 2, paragraph 3 of this article.
Article 48. To resolve the issue of construction 1. When the incident occurred, the owner and building contractor of public works is responsible for implementation of timely measures to search, rescue, ensuring safety for people and property, limiting and preventing the danger can continue to occur; the Organization protect the scene of the incident and make the report prescribed in article 47 of this Decree. The people's Committee, the leadership level support the parties concerned held search and rescue forces, protect the scene of the incident and made the other necessary tasks in the process to resolve the issue.
2. provincial people's Committee has the responsibility of presiding to resolve the issue of construction works and perform the following operations: a) consideration, decided to stop, pause execution or exploitation of use for the categories of works, a part or the whole of the work depending on the level and scope of the problem;
b) consideration, decided the dismantling, mop-up incidents on the basis that meets the following requirements: ensure the safety of people, property, buildings and constructions. The scene of the incident must be the stakeholders taking photos, filming, collecting evidence, notes the necessary data to serve the assessment causes problems and making trouble before dismantling, clean;
c) informed the results assessment causes problems for the owner, the other entities concerned; the requirements for the owner, the owner or the party concerned must take to fix the problem;
d) handle the responsibilities of the parties concerned in accordance with the law;
DD) based on local conditions, the provincial people's Committee may be decentralized to district level people's Committee chairmanship resolved with respect to the issue of construction level III.
3. The owner, construction contractor during the construction or the owner, the Manager, used in the extraction process, using responsibility to fix the problem at the request of the competent State bodies. After troubleshooting, the competent agency specified in clause 2 of this decision on the continuation of the construction works or put into use.
4. organizations and individuals who cause trouble are responsible in damages and costs to resolve depending on the nature, extent and scope of the effects of the incident.
Article 49. Forensic incident causes construction works 1. The authority presiding authorities causes the breakdown of construction works shall be as follows: a) the Ministry of construction, Ministry of construction management majors presiding authorities causes the issue level I for the specialized construction works under the administrative responsibilities prescribed in clause 1 , Item 2 Article 51 of this Decree, except in other cases at the request of the Prime Minister;
b) provincial peoples Committee organize the assessment causes problems level II, level III. The provincial people's Committee may recommend that The management of specialized construction work coordination or organizations assess the cause of the incidents mentioned above when necessary;
c) Ministry of defence, the Ministry of public security authorities causes trouble for the work of Defense and security.
2. the competent agency specified in clause 1 of this article to establish investigative issues to assess the cause of the problem. Investigative incidents include representatives of agencies chaired to resolve the issue, the relevant authorities and experts on the technical disciplines related to the incident. Where necessary, the Agency chaired the organization assess the cause of the incident indicated the auditing organization performs quality inspection service reviews the causes of incidents and corrective solutions.
As for the incident has serious consequences, the Prime Minister decided to form the Committee of investigation or incident caused by The construction, in cooperation with the relevant bodies to assess the cause of the problem.
3. The content assess the cause of the problem: a) collect, record documents, relevant technical data and perform the work expertise to determine the cause of the problem;
b) reviews the level of safety of the work after the incident;
c) responsibilities of organizations and individuals concerned;

d) Established the examiner profile causes trouble, including: evaluation report of the cause of the problem and the related documents in the process of assess the cause of the problem.
4. cost of authorities causes a construction incident) where the issue of construction occurred during the construction works, the owner is responsible for paying the cost of authorities causes the breakdown of construction works. After the inspection results cause construction issues and responsibilities, the Organization, the individual causing the issue of construction must be responsible for the cost of authorities causes the problem mentioned above. Case breakdown works caused by unforeseen causes, then responsible for the costs the organization assess the cause of the incident made under the provisions of the relevant contract;
b) where construction problems occurred in the process of extraction, use of the work, the owner or the Manager, use the work is responsible to pay the cost of authorities causes the breakdown of construction works. After the inspection results cause construction issues and responsibilities, the Organization, the individual causing the issue of construction must be responsible for the cost of authorities causes the problem mentioned above. Case breakdown works caused by unforeseen causes, then responsible for the costs the organization assess the cause of the incident due to the owner or the Manager, use the work payments.
Article 50. Incident profile construction owner, Manager or owner, responsible use to profile the problem include the following: 1. A test scene the incident with the content: the name, the category of works of the crash; building location, the time of the crash, a preliminary description and breakdown; works status when the problem; of the situation of human losses and material; the cause of the problem.
2. The material on the design and construction of works related to the issue.
3. the examiner profile causes trouble.
4. documents related to the process of resolving the issue.
Chapter VII ADMINISTRATION of the QUALITY of CONSTRUCTION WORKS 51 Thing. State management responsibility for the quality of construction works 1. The construction management of the quality of construction works within the country and manage the quality of specialized construction works, including: civil; industrial building materials; light industrial buildings; technical infrastructure works; transportation within the municipality except for the railway works, bridge construction across the river and national highway.
2. The Ministry of construction management majors: a) the Ministry of transportation of communications except the transportation by the Ministry of construction manager;
b) Ministry of agriculture and rural development, quality management, agriculture and rural development;
c) Industry quality management industrial buildings except the industrial management by the Ministry of construction.
3. The Ministry of defence, the Ministry of public security quality management works on defense and security.
4. provincial people's Committee, the State administration of quality of construction works on the area. Department of construction and management of specialized construction help provincial people's committees to manage the quality of local specialized works as follows: a) Department of quality management of the construction works; industrial and construction materials, light industrial buildings; technical infrastructure works; transportation within the municipality except for the railway works, bridge construction across the river and national highway;
b) Department of transportation manages communication quality except the transportation by the building management.
c) Department of agriculture and rural development, quality management, agriculture and rural development;
d) industrial and commercial Facility Management of industrial quality except the industrial construction by the Department of management.
Article 52. Unified content management about the quality of construction works of the building of 1. Issued and guides the legal text as authority on quality management of construction works.
2. periodically inspect the plans and check out the irregular quality management of the ministries, the local host can participate in construction and quality control of the construction works as necessary.
3. request, urging the Ministry of construction management majors, the provincial people's Committee to implement check of quality management and quality of construction works within his administration.
4. Guide the registration information of the capacity building activities of organizations and individuals across the country and posted on the electronic pages of information prescribed by the management.
5. Evaluation of construction design in accordance with the Decree on management of project construction investment.
6. check the work experience for specialized construction works in the scope of the management and coordination with the Ministry of construction management majors, check for the specialized construction work as defined in article 32 of this Decree.
7. Guide on costs for the creation, verification and adjustment of maintenance; identify the Organization, individuals are responsible for construction and maintenance guidelines contributing to maintenance costs for the works in the scope of management of the Ministry; the Guide method of estimating construction and maintenance organization, announced the level of building maintenance service buildings.
8. Check the implementation of maintenance buildings, bearing safety assessment and safety during use.
9. Consider, decide to continue use for works out the design lifespan, handling for expression works down to the level of quality, does not guarantee safety for the exploitation, use and report information expiry works use continued use , pause for the use of works in the scope of management.
10. the Chairman, in collaboration with other ministries, ministerial-level agencies and the local relevant made the inspection, checking for compliance with the provisions of the law on maintenance of buildings all over the country.
11. organizations for the quality inspection of construction works specified in clause 1 of this Decree 51 Things when requested or when the work has no quality assurance required by design, risk losing secure.
12. organizations assess the cause of the problem according to the provisions of article 49 of this Decree for the construction work prescribed in clause 1 Article 51 of this Decree.
13. Chairing the Organization of reviews and awards for the quality of construction as defined in article 9 of this Decree.
14. General, reported the Prime Minister every year about quality, quality management of construction works on the nationwide and unscheduled reports when required.
15. Handle infringement on the quality management of construction works as specified.
16. Implementation of the different Manager content under the provisions of the law related to quality management of construction works.
Article 53. Content of State management of the quality of construction works of the Ministry, other sectors 1. The Ministry of construction management majors are responsible for managing the quality of construction works as follows: a) guide the implementation of legal documents on management of the quality of construction works apply to the specialized construction work;
b) organize periodic inspection according to the plan, unscheduled check the management quality of the subject involved construction and quality control of specialized construction works in the scope of the Department's management when necessary or when requested by Ministry of construction;
c) reports The build test plans, test results and quality management the quality of construction works in the scope of management of the Ministry;
d) made the provisions from Article 9, Paragraph 5 and Paragraph 52 of this decree with regard to the specialized construction works in the scope of management of the Ministry;
DD) in collaboration with the Ministry of construction and local relevant made the inspection, checking for compliance with the provisions of the law on maintenance of construction works on the national scope;
e) authorities for the quality of construction as defined in clause 2 of this Decree 51 Things when requested or when the work has no quality assurance required by design, risk losing bearing safety;
g) authorities causes the problem according to the provisions of article 49 of this Decree for the construction work prescribed in clause 2 Article 51 of this Decree;
h) in collaboration with the Ministry of construction Award for the quality of construction as defined in article 9 of this Decree.
2. The Ministry of defence, the Ministry of public security is responsible for managing the quality of construction works as follows: a) guide the implementation of legal documents on management of quality, security;
b) organize periodic inspection according to the plan, unscheduled check the management quality of the subject involved construction and quality control of the works by the Ministry of security, defense management;
c) make the provisions from Article 9, Paragraph 5 and Paragraph 52 of this decree with regard to the work of Defense and security;
d) to check compliance with the provisions of the law on maintenance of buildings for public works, defense and security;
DD) Organization for the quality inspection of construction works under the provisions of paragraph 3 of this Decree 51 Things when requested or when the work has no quality assurance required by design, risk losing bearing safety;
e) authorities causes the problem according to the provisions of article 49 of this Decree for the construction work prescribed in clause 3 Article 51 of this Decree.

3. The Ministry of construction management majors and other ministries, reported the Ministry of construction quality on the situation and task of quality management by the Ministry of construction, the previous management on December 15, the annual and sudden report when required.
Article 54. State management responsibility for the quality of construction works of the provincial people's Committee 1. Assigned, decentralized governance responsibility for the quality of construction works for the Department of building construction management majors, district-level people's committees.
Base and specific local conditions, the provincial people's Committee may authorize the management board the economic zones, industrial, high-tech zones perform the function of State management of the quality of construction works for the works in management.
2. Guidance implementing the legal text on the quality management of construction works on the area.
3. To check compliance with the provisions of this decree with regard to the organizations and individuals involved in the construction.
4. The guide defines the Organization, individuals are responsible for maintenance of buildings match type works, maintenance and capital ownership form works.
5. check the implementation maintenance of construction works and reviews the safety of prescribed works.
6. organizations assess the cause of the problem according to the provisions of article 49 of this Decree for the construction works on the area as defined in paragraph 4 Article 51 of this Decree.
7. quality inspection organization as required for the construction works on the area as defined in paragraph 4 Article 51 of this Decree.
8. In collaboration with the Ministry of construction Award for the quality of construction as defined in article 9 of this Decree.
9. General, reported the Ministry of construction quality on the situation and the quality management of construction works on the area before December 15 annually and irregular reports when required.
Article 55. The responsibility of the specialized agencies to help the people's Committee of the State management of the quality of construction works 1. Department of construction is clue to help the provincial people's Committee, unification of the State management of the quality of construction works on the area, perform the following: a) The Chairman of the provincial people's Committee issued the text guide deployment of legal texts on the management of the quality of construction works;
b) guide-level people's committees, the organizations and individuals involved in construction activities in implementation of the provisions of the law on the management of the quality of construction works;
c) check regularly, recurring as planned and unscheduled inspections of quality management of agencies, organizations, individuals involved in construction activities and the quality of the construction works;
d) presided, in cooperation with the Department of building construction management majors to check compliance with the provisions on quality control of construction works;
DD) assessment designed to build specialized construction of management by the Department under the provisions of the Decree on management of project construction investment;
e) check out the work of building the company as defined in article 32 of this decree with regard to the specialized building construction by the Department of management;
g) examined the implementation of maintenance of construction works and reviews the safety and operation of the bearing works in the extraction process, used for construction, specialized construction by the Department of management;
h) provincial people's committees Help organize construction inspection when required and the authorities causes the problem according to the provisions of article 49 of this Decree; track, General report, provincial people's Committee on the State of the problem;
I) guide the registration information the capacity building activities of organizations and individuals across the country and posted on the electronic pages of information prescribed by the Department of management;
k) report the provincial people's Committee, periodically, the compliance with the provisions on quality control of construction works and the situation of the quality of construction works;
l) Helps people's Provincial Committee in General and the construction Ministry report on the situation of the quality of construction works on the annual periodic and irregular; the report lists the contractors violated the rules of the quality management process by participating in the activities of local construction.
2. The Department of construction management majors are responsible for: a) presiding, in cooperation with the Department of building inspections frequently recurring, as planned and unscheduled inspections of quality management of the Organization, individuals involved in specialized construction and quality of specialized construction works;
b) implement the provisions in paragraph 1 e e Point Score this for professional construction works in the scope of management of the Department;
c) in collaboration with the Department of building inspection organization of specialized construction work as required and the authorities causes trouble for specialized construction work; General People's Committee report, provincial Department of construction on quality situation of specialized construction works on the annual periodic and irregular.
3. Room construction management function in the district level people's Committee is responsible for: a) guide the social people's Committee, the organizations and individuals involved in the construction activities on the implementation of legal documents on management of the quality of construction works;
b) periodically check, irregular compliance of regulations on management of quality works, built for the construction work is authorized investment decision and construction permit;
c) in collaboration with the Department of construction, Department of construction management majors, examined the implementation of maintenance of construction works and reviews the safety and operation of the bearing works in the mining process;
d) in collaboration with the Department of construction, Department of construction management majors, check local construction work as required;
DD) specified in point e Point e this paragraph 1 with regard to the hierarchical structures;
e) report the issue and resolve the issue under the provisions of this Decree;
g) synthesis and reporting of provincial people's committees and the periodic building anually, irregular compliance of regulations on managing the quality of construction works and quality situation of local construction.
4. Management of industrial region, economic zones, high-tech zones perform the function of State management of the quality of construction works for the works in management in the case of provincial people's committees are delegated.
Chapter VIII TERMS OF IMPLEMENTATION of Article 56. Handle forward the construction work started prior to the date of this Decree takes effect, then checking the work experience put the work into use continues to follow the provisions of Decree No. 15/2013/ND-CP of June 2 in 2013 of the Government on the management of the quality of construction works. Construction work started after the decree to this effect, examine the work experience of the client in the process of construction and completion of the construction works done according to the provisions of this Decree.
Article 57. Implementation 1. The Decree has effect as from 1 July 2015 and replacing Decree No. 114/2010/ND-CP on January 6, 2011 by the Government on the maintenance of construction works and Decree No. 15/2013/ND-CP of June 2 in 2013 of the Government on the management of the quality of construction works except the content related to the Agency's design verification the State administration of the building.
2. Ministers, heads of ministerial agencies, heads of government agencies, the Chairman of people's Committee of the province, central cities, heads the political organization, social-political organizations, social organizations and institutions-professional, the individual concerned is responsible for the implementation of this Decree.
3. The Ministry of construction, in coordination with the ministries concerned is responsible for guiding and organizing the implementation of this Decree.