Circular 02/2012/tt-Bxd: A Guide To Some Of The Content On The Maintenance Of Civil And Industrial Buildings, Construction Material And Technical Infrastructure Works Municipality

Original Language Title: Thông tư 02/2012/TT-BXD: Hướng dẫn một số nội dung về bảo trì công trình dân dụng, công trình công nghiệp vật liệu xây dựng và công trình hạ tầng kỹ thuật đô thị

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CIRCULAR guide some content about the maintenance of civil and industrial buildings, construction material and technical infrastructure works municipality of _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ pursuant to the law No. 16/2003/QH11 on November 26, 2003;
Pursuant to the law No. 56 House/2005/QH11 on November 29, 2005;
Pursuant to Decree No. 17/2008/ND-CP DATED April 2, 2008 of the Government functions, tasks, powers and organizational structure of the Ministry of construction;
Pursuant to Decree No. 114/2010/ND-CP on January 6, 2011 by the Government on the maintenance of construction works (hereinafter abbreviated as Decree No. 114/2010/ND-CP);
Pursuant to Decree No. 71/2010/ND-CP dated 23 June 2010 the Government detailing and guiding the implementation of the Housing Law (hereafter abbreviated as Decree No. 71/2010/ND-CP), The Build Guide and some content about the maintenance of civil and industrial buildings, construction material and technical infrastructure works municipality as follows : article 1. Scope and objects 1. This circular instruction Article 26 of Decree 114/2010/ND-CP on the person responsible for maintenance; works or parts of works required to observation in the extraction process, using; consider, decide to continue use for works out the design lifetime; handle for the process of degradation in quality, not safety harness, use; to resolve the issue in the process of extraction, use and test the implementation of maintenance works.
This circular applies to organizations and individuals related to the management, exploitation and use of works (except works of historical culture), industrial and construction materials and technical infrastructure works municipality on the territory of Vietnam.
2. types of maintenance work other construction works by the Ministry of public works Management specialization Guide according to the provisions in item 1 Article 26 of Decree 114/2010/ND-CP DATED. 2. Rules on who is responsible for maintenance 1. Responsible for maintenance works have a owner: a) for works of the State-owned organizations, individual State affairs management, the exploit works has responsibility for maintenance works;
b) for other owned buildings, owners of buildings are responsible for maintenance works.
Private infrastructure works municipality, owner of public works is responsible for maintenance works until handed over to state management;
c) for investments in the form of BOT (build-transfer), the legal representative of the enterprise project is responsible for the maintenance works in the mining business time specified in the contract; most of the time the exploitation business, organisation got transferred from the investor is responsible for continued maintenance works.
2. responsibility of maintenance works have many owners: a) for accommodation, the owner is responsible for maintenance and own contribution agreement funds to maintain section joint ownership as defined in article 48 and article 51 of Decree 71/2010/ND-CP;
b) for the remaining works (except housing), the owner of the work is responsible for maintenance of their own and are responsible for maintenance of the property section. The responsibilities of the General property maintenance works must be the owner or a person authorized in writing by specific agreements or in the contract of sale and purchase, rent to buy property.
3. The owner or a person authorized under the provisions of article 5 paragraph 1 point b of Decree 114/2010/ND-CP when given to organizations, individual exploit, use public works to deal with the Organization, this individual about the responsibility of maintenance works.
4. With regard to the process of identifying the owner, the people are exploited, the use of the work is responsible for maintenance.
Article 3. Works or parts of works required to observation in the extraction process, use 1. In the process of extraction, use, works are specified in Appendix 1 of this circular and the works signs stuck, cracking, tilting and other unusual signs capable of causing a crash dump of works required to be.
The Department of public works should be monitoring is the main bearing structures of buildings which when damaged can lead to a crash dump of works (for example, staging roof space, main bearing frame system works, the stands of the stadium, chimneys, si plot ...).
2. The location of the observation; monitoring parameters and limit values of this parameter (for example, subsidence, tilting deformation, cracking, sagging ...); observation time; the number of measurement cycles and content needed by the design contractor construction regulations.
3. General requirements for the work of the monitoring process in the extraction process, using: a) must perform monitoring under the monitoring scheme by the monitoring contractor who was responsible for setting up and maintenance works;
b) monitoring approach to regulations on measurement methods, measurement equipment, layout and construction milestones, implementation, methods of measuring data processing and other necessary content;
c) contractors must set up monitoring and reporting of the person in charge of maintenance of monitoring results, in which the monitoring data must be evaluated in comparison with the limited value due to the contractor construction design rules, the relevant standard.
Case monitoring data reaches the limit value prescribed in clause 2 of this or other unusual signs, the person responsible for maintenance must organize reviews of safety works, safety harness use and take measures promptly;
d) organizations, individuals perform the observation must be qualified construction activity capacity equivalent to the condition that the capacity of the Organization, individuals perform building survey or inspection of the quality of construction works.
Article 4. Consider, decide to continue to use the works for most of the lifespan of design 1. Works out the design lifetime is the time has exploited, use greater than the lifespan of design works. The longevity of the design works are determined in accordance with the profile design.
Design profile case of lost works or not specified, then the lifespan the lifespan of buildings is determined according to the standard rules, the relevant technical standards or according to the longevity was determined by similar works of the same type and level.
2. When it works out the design lifespan, the person in charge of maintenance works must perform the following tasks: a) the inspecting, testing, reviews the current state of quality of works;
b) repair works if there is failure to ensure public safety and energy use before considering, decide to continue using the work;
c) decide the continued use for grade III and grade IV but not caused the disaster when an issue under the provisions of the law on the management of the quality of construction works;
d) reported the State competent agency specified in clause 6 of this content as specified in paragraph 3 of this article with respect to works from level II or above, works when a malfunction could have caused the disaster according to the provisions of the law on the management of the quality of construction works.
3. the content of the report of the person in charge maintenance: a) the results of reviews of the quality of the work;
b) recommendations on the disposal of works in one of the situations: continue to use the work or converts the use, repair works if necessary; use restrictions part works; limit the use of the process or stop using completely works.
4. the competent State organs as defined in paragraph 6 of this Article has the responsibility to respond in writing with respect to the recommendation of the person in charge of maintenance of the handling works out the design lifespan. The case of competent State agencies do not approve the request of the person responsible for maintenance must clearly state the reason for disapproval.
5. The disposal of old apartment buildings off longevity design is made according to the provisions of the law on renovating old apartment.
6. the State Agency has the authority to review, approve the continued use for works out the design lifetime: a) the Ministry of construction for the particular supply and level I;
b) provincial peoples Committee for the remaining works.
7. The person in charge of maintenance submitted directly or by post 2 sets of documents with the content specified in paragraph 3 of this article to the competent State agencies specified in clause 6 of this Article to be considered for processing, works out the design lifespan.
Time review, dealt with by the competent State bodies do not exceed 30 working days of receipt of a valid application for the particular supply, level I and no more than 20 working days for the rest of the work.
Article 5. Handle for the works or parts of works does not guarantee safety for the exploitation, use 1. Public works, Department of public works does not guarantee safety for the exploitation, use of the work, the dangerous buildings Division, in danger of collapsing pour through the markers expression such as cracked, sagging, sinking, tilted to the limit value prescribed by regulation, the relevant technical standards.
2. When the work does not guarantee safety for the exploitation, use, the person in charge of maintenance is responsible for implementing the provisions of Article 18 paragraph 1 of Decree 114/2010/ND-CP. 3. The State Agency has the authority under the provisions of point b paragraph 1 Article 18 of Decree 114/2010/ND-CP must implement the provisions in paragraph 3 Article 18 of Decree 114/2010/ND-CP for the works does not guarantee safety for the exploitation, use.
4. in case the process can crash dump right then who is responsible for maintaining the entire emergency to relocate people out of this work and the surrounding buildings were affected, report-level people's committees of communes or the people's committees at district level to implement assistance measures to ensure safety.

The township-level people's Committee or the people's committees at district level when discovered or reported on work situations can immediately dump collapsed must implement security measures such as stop using works, relocate people and assets, blockades and other necessary measures.
5. Owners, who use the surrounding buildings are responsible for implementing safety measures as prescribed in clause 4 of this when requested.
6. Public works damaged by the impact of hurricanes, earthquakes, tsunamis, fires, and other impacts are to be assessed the quality before deciding to continue using, tap.
7. The processing for the dangerous old apartment buildings done in accordance with the law on renovating old apartment.
8. The case of the work happens in the process of extraction, use, the resolve to follow the provisions of the law on the management of the quality of construction works.
Article 6. Check the perform maintenance works State administration of the building to check the implementation of maintenance works with the following contents: 1. The preparation and approval of the processes of maintenance works under the provisions of Decree No. 114/2010/ND-CP DATED. 2. Regulatory compliance maintenance work of the owner or a person authorized under the test mode specified in item 2 article 17 of Decree 114/2010/ND-CP. 3. The reported execution of maintenance work of the owner or a person authorized under the provisions of article 17 paragraph 1 of the Decree 114/2010/ND-CP;
4. The implementation of the provisions of article 4 of this circular in case works out the design lifespan.
5. The implementation of observation for the works or parts of works required to field monitoring specified in article 3 of this circular article 7. Terms of implementation 1. This circular effect since 1 August 2012.
2. Ministers, heads of ministerial agencies, government agencies, the Chairman of the province, central cities and other organizations and individuals concerned is responsible for the implementation of this circular.
3. in the implementation process if there are obstacles, suggest the Organization, personal reflections in time about the Ministry of construction to consider, resolve.