The Decree 15/2013/nd-Cp: Quality Management Of Construction Works

Original Language Title: Nghị định 15/2013/NĐ-CP: Về quản lý chất lượng công trình xây dựng

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Decree on quality management of construction works _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ based on Government Organization Law of 25 December 2001;
Pursuant to the law building on November 26, 2003;
Pursuant to the law amending and supplementing some articles of the law concerning the basic construction investment on June 19, 2009;
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 of the quality of construction works, chapter I GENERAL PROVISIONS article 1. Scope 1. This Decree regulates the quality management of construction works in survey, design, construction and testing of construction works; safety management regulations, resolve the issue in the construction, mining and use of construction works; regulations on maintenance of construction works.
2. in case of the international treaties to which Vietnam signed or joined there the other rules with the provisions of this Decree shall follow the provisions of international treaties.
Article 2. The object of this Decree apply apply to investors, contractors, foreign contractors, the State administration of building and the organizations and individuals related to the management of the quality of the construction works on the territory of Vietnam.
Article 3. Explanation of terms In this Decree, the terms below are interpreted as follows: 1. technical guidance is a set of technical requirements based on national technical standards, standards applied to works to guide, regulations on the material, products, equipment used for the works and the works supervision, construction company.
2. the completed drawing is the drawing of parts of constructions, buildings completed are established on the basis of construction design drawing has been approved, that the actual size of the works.
3. Record complete works is a collection of documents related to the investment process, including: construction, investment undertakings investment projects in construction or economic report-construction techniques, building survey report, profile building construction design the profile, quality management in the process of the construction works and other documents should be saved after putting the work into use.
4. specialized lab construction is the manipulation techniques to identify one or more characteristics of building materials, construction products, Division of works or construction works according to certain procedures.
Specialized laboratory construction was done by the laboratories specialized in construction, including: lab water experiments, building construction; construction materials testing laboratory, structures, building products; structural experiments of construction works and other experiments.
5. Quality control of construction works is the activity check, determine or cause damage to quality of construction products, Division of works or construction works through experiments in connection with the review, computing, reviews by professional quality works.
Quality control of construction works including: testing of building materials, construction products, building constructions; structural inspection of construction works; inspection of construction works and the other auditing.
6. quality assessment of construction activity is quality control of construction works are conducted by the State Agency has the authority or at the request of the Agency.
Article 4. General principles of quality management in the process of building 1. Survey/design, construction and construction must guarantee safety for themselves and the surrounding buildings; ensure safety in the construction process and comply with the provisions of this Decree.
2. Works, categories only work was to put to use when the meet the requirements of the design, a national technical regulation, standards that apply to the work, technical and other requirements of the investor according to the content of the contract and the provisions of relevant laws.
3. organizations and individuals participating in building activity to qualify the capacity consistent with the work done, the quality management system and is responsible for the quality of its construction work done before the owner and before the law.
4. The owner is responsible for the Organization of quality management in accordance with the nature, scale and sources of capital construction investment in the process of implementation of construction works under the provisions of this Decree.
5. The investment decision is responsible for inspecting the implementation of quality management of construction works of the owner and the contractor under the provisions of this Decree and the regulations of the relevant law.
6. State Administration about building instructions, check the quality management of institutions, individuals involved in the construction works; test, quality inspection of construction works; Petitions and handle breach of the quality of construction works prescribed by the law.
Article 5. Apply a national technical regulation, standards in building activity 1. National technical standards required to be in compliance with construction activity.
2. criteria to be applied in building activity under the voluntary guidelines, except that the standards are cited in the national technical regulation or regulations required to apply in other legal texts concerned.
3. standard primarily applies to the work must be the investment decision reviewed and approved in the decision approving the project construction investment or economic reports-civil engineering works and can only be changed when the approval of the investment decision.
The owner was to decide to use or change for the remaining standards applicable to works when needed.
4. The application of the standards must ensure the following requirements: a) Must match, with the requirements of the national technical regulation on building and the provisions of other relevant laws;
b) ensure synchronisation, the feasibility of the standard system is applied.
5. When applying foreign standards, must have the original standard accompanied by Vietnamese translations for the use of the content.
6. The application of technical solutions, technologies, new materials in construction activities must meet the requirements of the national technical regulation and the provisions of other relevant laws.
Article 6. The classification and hierarchy of construction 1. Construction works are divided into categories as follows: a) civil works;
b) industrial;
c) transportation;
d) agriculture and rural development;
DD) technical infrastructure works.
The list details the types of works that are defined in the appendix attached to this Decree.
2. The Ministry of construction, in cooperation with the Ministry of public works management disciplines prescribed in clause 2 of this Decree 41 guide hierarchy types of construction works referred to in Paragraph 1 of this article to serve the quality management process.
Article 7. Technical instructions 1. Technical instruction is the base to create tender, monitoring, implementation and execution of construction works. The owner held up and approve the technical guidelines together with technical design or other design to deploy after the basic design.
2. the technical guidelines must be consistent with the national technical regulation, standards apply to construction projects are approved and the requirements of the construction design.
3. the compulsory establishment of technical instruction for the particular supply, level I and level II. For the remaining works, technical instructions can be created or defined in the theory of intelligent design construction.
Article 8. Public information about the capacity of institutions and individuals, building construction activities 1. The organizations and individuals who provided information on the capacity building activities sent by post or direct to the State administration of building to be posted publicly on the page of electronic information by agency management.
2. During 30 days from the date of receiving information on the capacity-building activities by the organizations and individuals provided, the State administration of building is responsible for the review and decided to post the information on its electronic information management.
3. The information on the capacity-building activities outlined in paragraph 1 of this article is to select the base organization, the individuals involved the following construction activities: a) design verification of construction works;
b) specialized laboratory construction;
c) monitor the quality of construction works;
d) inspection, quality inspection of construction works;
DD) survey, design, construction grade, level I and level II structures are built with capital investment budget (for the main contractor).
Article 9. The people's monitoring of the quality of construction works 1. When detected violations of the provisions of this Decree, organizations, personal reflections in time with the owner, the people's committees of communes, wards and towns where the construction works or the State administration of the building.
2. The owner, the agency receiving the information reflects the people's responsibility to consider, promptly under the provisions of the law on complaints and denunciation.
Article 10. The Council of State the acceptance of construction works 1. The Prime Minister decided to form the Council of State the acceptance of construction works to help Prime check the quality management, the quality of the work, the work of collecting the works of national importance and a number of other important works when the Prime Minister asked.
2. The construction Minister is the Chairman of the State trials of the construction works.
Article 11. Awards for the quality of construction works in construction, was considering awarding the quality of construction works under the following forms: 1. National Award for the quality of construction works the Government by the Prime Minister.

2. Other awards for the quality of construction works by the building regulations.
Chapter II MANAGEMENT of the QUALITY of BUILDING SURVEY article 12. Order and manage the quality of building survey 1. Establishment and approval of the task of building survey.
2. Choose the contractor building survey.
3. Establishment and approval of construction survey techniques.
4. implementation of building survey.
5. Supervise the building survey.
6. Collecting survey results builds.
7. store the survey results builds.
Article 13. The responsibility of the owner 1. Choose the contractor building survey is eligible under the regulation.
2. Held up approval, the task of building survey, technical survey and additional construction surveying task (if any).
3. To check compliance with the provisions in the construction contract of the contractor building survey during the survey.
4. self made or rented individual organizations have expertise consistent with the type of survey to make survey monitoring construction.
5. Test results reported building survey.
Article 14. The responsibilities of the contractor building survey 1. Set the task of building survey upon request of the owner; plans of survey techniques consistent with the task of building survey and the survey of building standards are applied.
2. Arrange sufficient staff have the experience and the expertise to perform the survey; people are eligible under the provisions of the law to make home building survey; self monitoring organization in the course of the survey.
3. Perform the survey according to the technical building survey is approved; using the equipment, the laboratory standards prescribed by law and consistent with the survey work.
4. Ensure safe for people, equipment, infrastructure and other construction works in the area surveyed.
5. Protect the environment, preserve the landscape in the survey area; restore the scene after the end of the survey.
6. Reporting Survey results build to meet the requirements of the task of building survey and contracts; inspection, survey or when additional survey report survey results build does not match natural conditions where building works or does not meet the requirements of the survey mission.
Article 15. The responsibility of the contractor to design 1. Set the task of building survey match each design step required when requested by the owner.
2. check the fit of your survey data with the requirements of the design step, join trials reported survey results build upon client request.
3. Recommendations the owner made additional construction survey findings survey results do not meet the requirement when making design or discovering other factors often influence the design.
Article 16. The liability of the Organization, the individual survey monitoring construction 1. People have expertise consistent with the type of survey to make survey monitoring construction according to the content of the construction contract.
2. the additional proposal survey mission building if in the process of monitoring the survey detected unusual factors that directly influence the design solution.
3. Help investors test results reported building survey.
Chapter III MANAGEMENT of the QUALITY of BUILDING CONSTRUCTION DESIGN article 17. The order of execution and quality management in construction design 1. Set the task of building design.
2. Choose the contractor construction design.
3. Set the construction design.
4. Design of the owner, design verification of State management agencies have the authority or organisation's advice (if any).
5. Approved construction design.
6. Collecting construction design.
Article 18. The responsibility of the owner 1. Held up the mission design-construction works on the basis of the report construction investment (feasibility study report) or the investment policy was approved by the authority.
2. Choose organization, individuals provide the capability to design and build the design verification process when necessary.
3. To check compliance with the provisions in the construction contract of the contractor, the contractor design design verification (if any) in the course of performing the contract.
4. check and process the basic design for the evaluation of investment decisions, the approval under the provisions of the law for the use of State capital.
5. organizations assess, approve the design-estimate according to the provisions of article 20 of this Decree and the regulations of the relevant law.
6. Make design changes, according to the provisions of article 22 of the Decree.
7. The organization collecting the profile construction design.
Article 19. The responsibilities of the contractor construction design 1. The layout enough people with experience and expertise to make the design; people are eligible under the regulations to do home projects of design, chaired the design.
2. Use the survey results to meet the requirements of the design steps and in accordance with the standard to be applied to the work.
3. Compliance with national technical regulation, standards to be applied for; record-setting designed to meet the requirements of the design task, the content of each step of the design, the provisions of the contract and the provisions of relevant laws.
4. Make changes to design according to the provisions of article 22 of the Decree.
Article 20. Held evaluation and approval of the design stage construction following the design of the base 1. The owner organizes the technical design for the works done step 3 design or construction drawing design for works designed the 1 step, 2 step and the other following deployment design design includes the following sequence: a) to consider the suitability of components specifications, design profile in comparison with the provisions of the construction contract and the rule of law, including: the theory of intelligent design, the design drawings, survey construction materials, maintenance works and other records under the provisions of the relevant legislation;
b) reviews the suitability of design profile compared with design tasks, design basis, the requirements of the construction contract and the provisions of relevant laws;
c) send the design to the competent authority to verify as prescribed in article 21 of this Decree and the regulations of the relevant legislation;
d) require the contractor to design, acquire, edit the profile design on the basis of comments, reviews, review mentioned above;
DD) in the process of design, when necessary the owner organization, hire qualified individuals the capacity perform design verification for the part that I carried.
2. The investment decision approving the construction drawing design along with economic report-construction techniques for cases designed the 1 step; investors approved the technical design (in the case of the 3-step design) or drawing (in case of 2-step design) or other deployment design after design. Content design approval as defined in Paragraph 3 of this article.
The approved design is based on the results of appeals to browse about the fire and the fire of the competent agency, design verification results of the State administration of building under the provisions of this Decree and relevant laws to design approval.
3. content approving design: a) General information about the project: the name, the category of works (specify type and level works); owner, contractor construction design; location of construction, the area of land use;
b) scale, technology, the technical and economic indicators of the technical works;
c) national technical regulation and standards are applied;
d) solutions to the main design of the work items and the whole project;
DD) The complete additional required design profile and other content (if any).
4. construction drawing design must be the owner or authorized agent of the owner to confirm before executing.
5. With regard to the process of State secrets, according to the emergency command works and temporary works, approved the evaluation design is made according to the provisions of the law on investment management specialized construction.
6. Free design verification of the State administration of building and cost the Organization, individuals involved in design verification are included in the total investment, the construction estimates.
7. The evaluation organization, verified and approved design must take responsibility for the results evaluation, assessment, approval of his design.
Article 21. Design verification of the State administration of building 1. The owner must send the following deployment design design stipulated in Paragraph 5 of this Article to the State administration of building to verify it for the following works: a) condominium from level III or above, individual housing from 7 storeys;
b) public works from level III;
c) industrial: electric transmission lines, hydroelectric, thermal power plants, metallurgical plants, Alumina production, cement from level III; for the petrochemical refinery, gas processing, warehouse buildings and gas pipelines, oil, liquefied petroleum gas, manufacturing plants and warehouses for dangerous chemicals, manufacturing plants and warehouses in industrial explosive materials irrespective of the level;
d) transportation: Bridge, tunnel, road from level III or above for the use of works which the State budget and from level II or above for other capital works; railway buildings, airports, ports, ship lift dock, Ben Ben, waterway transportation cable car system who do not distinguish levels;
DD) agriculture and rural development: water reservoirs, dams, flood discharge, overflow drains collect water, drain water discharge, water channels, closed pipes, hydraulic tunnels, Dike, embankment, pump stations and other irrigation works regardless;

e) technical infrastructure works: From level III or above for the use of works which the State budget and from level II or above for other capital works; private public works solid waste disposal hazardous regardless of level.
2. State Administration about building make design verification of the works referred to in Paragraph 1 of this article shall be as follows: a) the professional body affiliated to the Ministry of construction and The management of specialized construction work prescribed in clause 2 of this Decree 41 design verification works under management , including: works in construction investment projects by the Minister of public works management specialized in investment decisions; Grade I, grade special and important works are the Prime National Affairs;
b) Department of construction and management of specialized construction design verification of the construction works on the area under management, except for the works in the scope specified in point a of this paragraph;
c) Ministry of defence, the Ministry of public security organizations make design verification for the works in the fields of Defense and security;
d) in the case of investment projects in construction consisting of many different levels and types are outlined in paragraph 1 of this article, the host agency organizations make design verification is the agency responsible for implementation of design verification for the main works of the project construction investment as defined in point a and point b of this Paragraph.
3. in case of the State administration of building referred to in Paragraph 2 of this Article does not qualify for design verification, the agency hired or appointed advisory organization, the individual is eligible to perform capacity design verification.
The State administration of building organizations, individuals make design verification must take responsibility for the results of your design verification.
4. content design verification of State administration of the building: a) the capacity of the Organization, individual consulting survey design compared with the requirements of the contract and the rule of law.
b) the suitability of the design with the national technical regulation, standards mainly apply to works;
c) safety of works and other safety requirements;
d) particularly for works that use the State budget, in addition to the above mentioned assessment content, the State administration of building inspection done to add content: the suitability of the profile design compared to the task of design or design; the rationality of the profile design ensures cost-effective and efficient investment.
5. The records sent to the State administration of building design verification is the records relevant to the content of the assessment provided for in paragraph 4 of this article, including: a) demonstration of design, the design drawings, construction survey documents involved;
b) a copy of the decision approving the project construction investment (for the case of 2-step design and design 3 steps) or approved investment policy construction (for the case of the 1-step design);
c) record of the condition of capacity survey contractors, construction design;
d) estimation for construction works using the State budget.
6. design verification ends, the State administration of building must have written comments about the survey results send the investor.
Design verification time of the State administration of building no more than 30 working days for grade I or over and not over 30 working days for the rest of the work since the date of the application.
Article 22. Change the design construction 1. Construction design approved was changed in the following cases: a) When project construction are adjusted to request design changes;
b) during the construction works of the unreasonable elements if no design changes will affect the quality of public works, construction progress, construction measures and effect of investment projects.
2. for works using State funds, when adjusted to alter the design, construction planning, objectives, scale or do exceed the total investment approved of the work, the owner is the person who decides to invest the appraisal, approval again to adjust. The remaining case, the investor is entitled to decide to change the design. The adjustable design content must be assessed, verified, approved under the provisions of this Decree.
3. The contractor is obliged to modify the design, add or change the unreasonable design of his causing the error and have the right to refuse the request to adjust the unreasonable design of the investor.
4. The owner has the right to hire contractors to make design modifications, additional design changes, in case the contractor originally designed did not make this. Design contractor performed additional modifications, design changes are responsible for the content you make.
Chapter IV MANAGEMENT of the QUALITY of the CONSTRUCTION WORKS Article 23. The order of execution and quality management of construction 1. Selection of construction contractor works.
2. Establishment and approval of the construction measures.
3. check condition of construction works and report to the State Agency has the authority under the regulations before starting.
4. Organization of construction works and supervision, in the process of construction.
5. Quality control of works, projects in the cases specified in this Decree.
6. check the work experience projects or construction works completed before put into use according to the provisions in paragraph 3 Article 32 of this Decree.
7. Start-up projects or complete works to put to use.
8. Prepare the completion of construction works, archive records of the work as specified.
Article 24. The responsibility of the owner 1. The choice of the Organization, the individual is eligible under the regulations to carry out the construction works, supervised the construction works (if any), laboratory, quality control works (if any) and the other engineering consulting work.
2. Notice of the mission and powers of the individual in the quality management system of the owner, the contractor overseeing the construction works for the contractors concerned to coordinate implementation.
3. check the condition of the commencement of construction according to the provisions of article 72 of the law building.
4. check the fit 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 contractors.
5. check the mobilization of personnel and contractor supervision construction compared with the requirements of the construction contract.
6. testing and monitoring during the construction works, including: a) check the structure, materials, building products, equipment for installation in buildings; perform quality control experiments when needed;
b) test measures the implementation of which stipulates clearly the measures to ensure the safety of the people, the machines, the equipment and the process of building contractor works;
c) test, the urge, monitoring the construction contractor and other contractors to deploy field work;
d) require the contractor to design adjust when detected errors, unreasonable about design;
DD) check acceptance service documents;
e) check and confirm the completed drawing.
7. Implementation of the regulation on environmental protection for the construction works under the provisions of the law on the protection of the environment.
8. quality control organizations parts of works, projects and entire buildings when there is doubt about the quality or when the State agency requirements.
9. Organization of the company building.
10. file organization completed construction works.
11. Pause or suspend the construction for the building contractor when it deems the construction quality is not guaranteed technical requirements, execution measures does not guarantee safety.
12. the Chair, in cooperation with the parties concerned to resolve the obstacles arising out of the construction works and process, troubleshoot according to the provisions of this Decree.
13. complete reports included construction works in use or irregular reports as requested and submitted to the State administration of building under the provisions of this Decree.
14. The owner can hire contractors supervising implementation of part or all of the works referred to in paragraph 3, clause 4, Clause 6, Clause 7, Clause 10, Clause 13 of this and some other work as needed.
The owner is responsible for checking the performance of contractors supervising according to the requirements of the construction contract and the provisions of relevant laws.
Article 25. The responsibility of the contractor to build 1. Established quality management system consistent with the scale of the work, which regulates the responsibility of each individual, each Department for the management of the quality of construction works.
2. Responsibilities of quality control of construction works between the parties in the case apply form of tender the construction works; General contractor designing and building construction works; General contractor to design, supply of equipment and technology in the construction works; General contractor established project design, construction, equipment technology and the construction of buildings and other general contractor forms (if any).
3. The layout of manpower, supplies, construction equipment as required by the contract and the provisions of relevant laws.
4. Receiving and management of building ground, preserving landmarks, locate landmarks and public buildings.
5. Set up and approval of the construction measures in which clearly defined measures to ensure security for the people, the machines, the equipment and the process of the construction schedule, unless otherwise specified in the contract.

6. Perform inspection, testing of materials, components, materials, equipment, work equipment, before construction and installation on construction work under the provisions of the standard, the requirements of the design and requirements of the construction contract.
7. The construction according to the construction contract, building permit, construction design; ensure quality and safety in building construction.
8. timely notice to the investor if spot any difference between design, record contracts and conditions.
9. Repair errors, defective for the quality of work done by themselves; hosted, in cooperation with the investor remedial issues in the process of the construction works; incident reporting and coordination with parties involved in the process of assessing the cause of the problem.
10. Set the log construction works according to the rules.
11. the complete drawing Up regulations.
12. the investor reports on the progress, quality, volume, labor safety and sanitation construction according to the requirements of the investor.
13. 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 contract agreement.
Article 26. The responsibility of the contractor to manufacture, produce, deliver, unsophisticated devices, products, components used for building construction 1. Ensure the quality of materials, products, equipment, building constructions according to published criteria apply and the national technical regulation respectively, meet the requirements of the design.
2. Give full subcontract party information, materials related to products, goods in accordance with the law on product quality, goods and other related legislation; ensure rules on labeling products, commodities.
3. Perform the conformity certificate, approved under the provisions of the law and perform quality control testing according to the requirements of the contract.
4. Implementation of the agreement with the party to subcontract on the process and method of quality control of products, materials, equipment, components before and during the production process as well as during the supply, use, installation in the works.
Article 27. The responsibility of the contractor to monitor the construction works 1. People have enough capacity in accordance to perform the task of surveillance and other monitoring titles.
2. Establishment of the Organization and the monitoring outline including the tasks, powers, duties of the position monitoring, planning and quality control procedures, inspection procedures and methods of managing the records, the relevant documents in the course of construction supervision.
3. Supervising the construction according to the requirements of the construction contract, the outline was approved by owner and the provisions of the law on the management of the quality of construction works.
4. Acceptance of the work by the building contractor performs according to the requirements of the construction contract.
Article 28. Responsible for supervising author of the contractor construction design 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 elections person qualified to perform the author supervision during construction by supervision mode not frequent or regular monitoring if there is a private agreement with the owner in the contract.
2. Explain and clarify the works design document upon request of the investor, the building contractor and the contractor overseeing construction.
3. 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.
4. timely notice to the owner, and recommended measures to treat when detected the execution wrong with the design of the building contractor.
5. Join the company build upon request of the investor, if the categories of works, construction works not eligible trials must have timely written comments sent investors.
Article 29. Security management of construction works 1. Before construction, building contractor, must establish, approve the design of construction regulatory measures, which must be measures to ensure safety for workers, construction equipment, major works, works, works, works nearby, fire prevention and environmental protection.
2. construction measures must be construction contractor reviewing periodically and adjusted to suit the reality of the market.
3. measures to ensure the security, labor safety rules have to be made public on the construction site so that people know and obey; the dangerous positions on the market must be alert to prevent accidents.
4. Who controls, construction equipment and people who perform jobs that require strict on safety is regulated by the law on occupational safety should receive training on occupational safety and occupational safety card according to regulations.
5. Air, construction equipment have strict requirements about safety must be calibrated, registered with the State Agency has the authority under the new regulations are allowed to operate on the market. When the operation must comply with the rules, measures to ensure safety.
6. The owner has the responsibility to inspect, supervise construction contractor compliance with construction measures and solutions on safety was approved.
7. when workers joined construction on site must have adequate health, safety training, and allocated in full labor protection equipment prescribed by labour legislation.
8. State Administration about building instructions, check the safety during the construction as specified.
9. When there is a problem take safety in the construction of the resolve to adhere to the provisions in chapter VI of this Decree.
Article 30. Set up and store the profiles completed projects, construction 1. Profile completed projects and buildings must be fully set up owner before putting the category works or works on exploitation, operation.
2. Record complete works 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. Number of records completed by the investor decides on the basis of agreements with contractors and stakeholders.
4. Record complete works done according to the instructions of the law on archives.
Article 31. Company organization to build 1. The owner is responsible for the Organization of construction company, including: company building during construction; trials completed projects, building construction to put into use.
In case of need, the investor rules of acceptance trials for the transfer phase step construction of important works.
2. in the construction contract must explicitly about the jobs need experience, delivered; base, condition, process, time, materials, forms, documents and personnel components involved when collecting, delivery of projects, complete works. Test results, delivery must be made in the minutes.
3. The Department, categories of complete constructions and construction works completed are only allowed to put into use after the owner experience.
4. separate the categories of buildings specified in clause 1 of article 21 of this decree must be State Administration about building check the work experience of the client before put into use.
Article 32. Check out the work experience put the work into use 1. The State administration of building check the work experience of the client with regard to the works projects, the provisions in clause 1 of article 21 of this Decree are: a) the specialized agencies under the Ministry of construction, Ministry of construction management majors, check out the works specified in point a of Paragraph 2 of article 21 of this Decree;
b) Department of construction, Department of construction management majors, check out the works specified in point b of Paragraph 2 of article 21 of this Decree;
c) Ministry of defence, the Ministry of public security conducted inspection works in the fields of defence and security.
2. Before 10 working days (for grade II, III and level IV) or before 20 working days (for the particular supply, level I) than expected investor day held trials take works, projects on the use, the investor must submit to State administration authorities according to the provisions in clause 1 of this complete report categories of works or complete works the same checklist completed projects or works.
3. State administration authorities stipulated in paragraph 1 of this article are responsible for: a) check works, projects completed, check for compliance with the provisions of the law on the management of the quality of construction works upon receiving report of the investor; check out the work of the phase switch step construction of important works when necessary;
b) requires that the owner and the parties concerned and remedy the existence (if any);
c) require the owner of the relevant parties and the quality control Department, or an entire category of works when necessary;

d) concluded in writing about the content of the test within the time limit of 15 working days (for grade III and grade IV) or 30 days (for the particular supply, level I and level II) since getting the records prescribed in clause 2 of this Thing.
If the time limit stated above that the owner has not received the text of the State Management Agency of competent jurisdiction specified in paragraph 1 of this article on the test results the work experience, the owner is entitled to organize trials put the work into use. State Management Agency stated on the charge of not having concluded his inspection.
Article 33. Handle disputes about the quality of construction works When there are reviews about the quality of products, quality of parts of constructions and construction quality between the subject, the resolution made the following sequence: 1. The stakeholders are responsible for negotiating the settlement.
2. where no agreement was reached, the parties concerned may recommend that the State administration of building guidelines.
3. Through the Court as specified by the contract and the rule of law.
Chapter V MAINTENANCE of CONSTRUCTION WORKS Article 34. Construction warranty 1. Construction contractor and the contractor supplying the device works is responsible for maintenance works, maintenance of equipment. The warranty period of works since the day the owner signed the minutes of trials included works, projects on the use of or pursuant to the provisions of the construction contract, but equipment supply contracts are subject to the following provisions: a) Not less than 24 months for special supply and level I;
b) Not less than 12 months for the remaining supply;
c) warranty period buildings done in accordance to the law on housing. 2. During the warranty period, the contractor construction contractors equipment supply and works to make the warranty after receiving notification of the owner. If the contractor does not conduct the aforesaid warranty owner shall have the right to use the money to hire maintenance organization, the other individual fix.
3. The owner must deal in the contract with the contractor involved construction of the parties ' rights and responsibilities in the maintenance of construction works; submit warranty and the retention, use, refund of warranty under the provisions of the law of contracts in the construction activities.
Article 35. The responsibilities of the parties regarding the construction warranty 1. The owner, the owner or the management server using the works is responsible for the following: a) operation, maintenance works in accordance with the provisions of the operational procedures, maintenance works;
b) test, detection of damaged works to require contractors to the construction works, contractors provide repair works, the device is replaced;
c) surveillance and testing work to fix, repair of the building contractor and the contractor providing construction equipment;
d) confirmed the complete warranty for construction contractors to the construction works and the contractor supplying the equipment works.
2. construction contractors and construction contractors equipment supply projects have the following responsibilities: a) the Organization overcome immediately after the request of the owner, the owner or the management server using the work and must bear all the cost of the remedy;
b) denial of warranty in the event of damage incurred is not the fault of the contractor caused or caused by force majeure causes.
3. construction survey contractors, contractor, building design, construction contractors, construction contractors supply works and other related contractors responsible for the quality of the work corresponds with part of the work done by themselves even after the warranty period.
Chapter VI ISSUES in CONSTRUCTION and extraction, USE of CONSTRUCTION WORKS Article 36. Classification, hierarchy issues in construction and extraction, use of construction works 1. The types of issues in construction and extraction, use of construction works (collectively), including: the issue of public works (public works, ancillary buildings, temporary buildings, surrounding buildings); the incident takes the safety of people or the equipment construction; the incident occurred in fires the construction and use of buildings.
2. level the issue is divided into four levels according to the degree of damage to people and material, including: serious special level, level I, level II and level III.
Article 37. Incident reporting 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 owner must submit reports 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 with particularly severe problems, the issue level I and other issues that have human losses. The Ministry of construction is responsible for reporting the Prime Minister about the issue is particularly serious and other cases when is the prime requirement.
4. State administration of building levels are right to ask investors and stakeholders to provide information on the incident.
Article 38. Troubleshooting 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 37 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. The dismantling, mop-up incidents must be approved by the competent authority under the provisions of the relevant law and must meet the following requirements: a) made under the scheme to ensure the safety of people, property and the surrounding buildings;
b) 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.
3. The problem must be correctly identified the cause to fix thoroughly, ensuring the quality of works under the provisions of the design. After troubleshooting, the process is executing, or put to use to have the opinion of the competent State bodies in accordance with the relevant legislation.
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 39. Authorities causes the problem 1. Competent authorities the cause of incidents are defined as follows: a) the Ministry of construction, in cooperation with the Ministry of construction management majors and the provincial people's Committee, organized inspection level incidents cause particularly severe and incident level where necessary. The Prime Minister, decided to establish a Committee to investigate the incident to assess the causes and handling of issues related to the incident level is especially serious.
b) provincial peoples Committee authorities cause for the incident level II, level III; The provincial people's Committee can recommend specialized works Manager to coordinate or assess organization causes problems when necessary;
c) Ministry of defence, the Ministry of public security authorities causes trouble for the work in the fields of Defense, security by the management. The Ministry of defence, the Ministry of public security may suggest that the Ministry of construction and The management of specialized construction supervision coordination causes problems when needed.
2. 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) proposed measures to prevent similar incidents;
establishment inspection) the cause of the incident, including: evaluation report of the cause of the problem and the related documents in the process of assess the cause of the problem.
3. Governing bodies of the competent State authorities cause trouble can directly assess or assign qualified auditing organization accordingly assess the issue.
4. The owner, survey contractors, designers, construction works are obliged to implement the requirements of the management bodies of State authority in the process of assessing the cause of the problem.
5. Prohibition of organizations and individuals to take action to prevent, intervene in the process of assessing the cause of the breakdown of State administration authorities.
Article 40. Incident records owner, Manager or owner use responsibly making incidents 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 damage situation, about the 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

Article 41. 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 and construction materials and technical infrastructure works.
2. The Ministry of construction management majors: a) the Ministry of transportation of communications;
b) Ministry of agriculture and rural development, quality management, agriculture and rural development;
c) Industry quality management, mine, oil and gas, power plants, electrical transmission lines, substations and industrial specialization.
3. The Ministry of defence, the Ministry of public security quality management of construction works in the fields of defence 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 specialized works as follows: a) the Department of construction management of civil, industrial and construction materials and technical infrastructure works;
b) Department of transportation quality management communications;
c) Department of agriculture and rural development, quality management, agriculture and rural development;
d) industrial and commercial Facility Management of quality petroleum mine, power plants, power lines, substations and industrial specialization.
Article 42. Content of State management of 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 made periodic checks on quality management and quality of construction works within his administration.
4. Publication on electronic information page by the information management capacity of institutions and individuals, building construction activities throughout the country as defined in paragraph 1 of article 8 of this Decree.
5. Verify construction design in accordance with art. 2 of article 21 of this Decree.
6. check the work experience put the work into use for specialized work in the scope of the management and coordination with the specialized works Manager check for specialized works as defined in article 32 of this Decree.
7. quality inspection organization construction work when requested or when the work has no quality assurance required by design, risk losing bearing safety; authorities causes the problem according to the provisions of article 39 of the Decree.
8. Chairing the Organization of reviews and awards for the quality of construction as defined in article 11 of this Decree.
9. General, Prime report annually on the State of quality, quality management of construction works on the nationwide and unscheduled reports when required.
10. Handling of infringement on the quality management of construction works specified in this Decree.
11. Perform other management content according to the provisions of the law related to quality management of construction works.
43 things. 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 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) design verification construction as defined in point a of Paragraph 2 of article 21 of this Decree;
DD) hosted, in cooperation with the Ministry of construction work inspection, delivery takes the work into use according to the provisions of article 32 of this Decree;
e) in cooperation with the State administration competent authorities causes trouble for specialized construction work;
g) in collaboration with the Ministry of construction Award for the quality of construction as defined in article 11 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 works in the fields of Defense and 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 in the fields of Defense, security management by Department;
c) organizations make design verification for the works in the fields of Defense, security management by Department;
d) check the work experience, work on bringing console use as specified in point c paragraph 1 to article 32 of this Decree;
DD) Organization assessment causes problems for works in the fields of Defense, security by the management.
3. The Ministry of public works, Ministry of defence, the Ministry of public security and other ministries, to report on the situation, Ministry of construction quality and quality management by the Ministry of construction, the previous management on December 15 annually.
Article 44. 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.
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. organizations assess the cause of the problem according to the provisions of article 39 of the Decree.
5. In collaboration with the Ministry of construction Award for the quality of construction as defined in article 11 of this Decree.
6. 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 45. 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 make 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 and quality of the construction works;
d) in collaboration with the Department of building construction management majors to check compliance with the provisions on quality control of construction works;
DD) design verification specialist construction by the Department of management as defined in point b of Paragraph 2 of article 21 of this Decree;
e) published on the page of electronic information by the information management capacity of institutions and individuals operate local construction according to the provisions in clause 1 of article 8 of this Decree;
g) provincial people's committees Help organize quality construction work when requested and held the incident cause inspection as specified in article 39 of this Decree; track, General report, provincial people's Committee on the State of the problem;
h) check the work test, handing work to put used according to the provisions of article 32 of this decree with regard to professional work by the Department of management;
I) reported 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;
k) Help people's Committee and The report on the State of construction quality of building 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) provincial peoples Committee Help design verification specialist construction as defined in point b of Paragraph 2 of article 21 of this Decree;
c) presiding, in cooperation with the Department of building inspection, handing work to put the work into use according to the provisions of article 32 of this decree with regard to the specialized work;
d) in collaboration with the Department of building inspection organization of the quality 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. the people's committees at district level are 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 quality control of construction works for the construction work is authorized investment decision and construction permit;
c) in collaboration with the Department of construction, Department of construction management majors, check local construction work as required;
d) report the issue and resolve the issue according to the provisions of article 37, article 38 of the Decree;
DD) 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.
Article 46. Handle violation on quality management of construction works 1. When detecting violations of the provisions of this Decree through inspection or by organization, personal reflections, the State administration of building must promptly request the individual organization concerned to remedy proposed at the same time, processed according to the provisions of the law on sanctioning administrative violations in the construction activities. The Organization, the individual has violated in addition to observance of the requirements of remedy in State Management Agency on building and subjected to sanctions under the provisions of the law were announced the name and violations of this Organization on electronic information page of the State administration of the building.
2. in case of detection of non-quality assurance requirements, risks causing crash dump works or construction measures do not ensure safety, the State administration of building was right to pause execution and only allows executing after the owner and the contractor to remedy the existence ensure safe.
Chapter VIII TERMS of ENFORCEMENT of Article 47. Effect 1. The Decree has effect from the date of April 15, 2013 and replacing Decree No. 209/2004/ND-CP dated 16 December 2004 by the Government on managing the quality of construction works, Decree No. 49/2008/ND-CP on April 18, 2008 the Government of editing supplement some articles of Decree No. 209/2004/ND-CP dated 16 December 2004 by the Government on managing the quality of construction works, replacement of paragraph 4 Article 13, article 18 and article 30 of Decree No. 12/2009/ND-CP on December 2, 2009 on the management of government investment project construction. The previous regulations of the Government, ministries, ministerial and local agencies contrary to this Decree are repealed.
2. Prescribed use the information about the capacity to choose a contractor in construction activities in paragraph 3 article 8 of the Decree has effect from 1 September 2013.
3. The works have made a qualifying certificate, safety certificate of conformity of quality construction works before the decree came into force under the provisions of Decree No. 209/2004/ND-CP dated 16 December 2004 by the Government on quality management of construction works , Decree No. 49/2008/ND-CP on April 18, 2008 the Government about amending and supplementing a number of articles of Decree No. 209/2004/ND-CP dated 16 December 2004 by the Government on managing the quality of construction works shall continue to execute until completion.
Article 48. Implementation 1. 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-political organizations and professional organizations, the individual concerned is responsible for the implementation of this Decree.
2. The Build Guide and the content: the registration and disclosure of information by the Organization, individuals involved in construction activities; design verification of State Administration about building, organization and activities of the organization supervising the construction; detailing the content of the quality management process and the issue of works under the provisions of this Decree.
3. The Ministry of finance, in cooperation with the Ministry of construction cost guide design verification of State administration of the building.
4. The Ministry of public security, the Ministry of defence, in coordination with the Ministry of construction stipulates the list of works in the fields of defence and security.
5. In the time not yet issued guidance documents about the hierarchy of the types of construction works, lets continue to apply under current regulations until new regulations issued./.