Circular 06/2011/tt-Bxd: Modified The Rules Of Administrative Procedures In The Field Of Construction; Architecture, Building Planning Enforcement Of Resolutions 55/nq-Cp On Simplifying Administrative Procedures In V. ..

Original Language Title: Thông tư 06/2011/TT-BXD: Sửa đổi Quy định về thủ tục hành chính trong lĩnh vực xây dựng; kiến trúc, quy hoạch xây dựng thực thi Nghị quyết 55/NQ-CP về đơn giản hóa thủ tục hành chính thuộc phạm v...

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Pursuant to Decree No. 17/2008/ND-CP on 04/02/2008 of the Government functions, tasks, powers and organizational structure of the Ministry of construction;

Pursuant to Decree No. 12/2009/ND-CP dated February 12, 2009 on the management of government investment project construction;

Pursuant to Decree No. 112/2009/ND-CP on December 14, 2009 by the Government on managing the cost of construction works;

Pursuant to Decree No. 209/2004/ND-CP on December 16, 2004 by the Government on managing the quality of construction works; Decree No. 49/2008/ND-CP dated 18/4/2008 by the Government about amending and supplementing a number of articles of Decree No. 209/2004/ND-CP on December 16, 2004 by the Government on managing the quality of construction works;

Pursuant to Decree No. 12/2005/ND-CP on January 24, 2005 by the Government on planned construction;

Pursuant to Decree No. 11/2002/ND-CP dated January 14, 2002 detailing the Government's enforcement of the Ordinance on metrology;

Minister of Ministry of construction issued a circular amending and supplementing a number of articles and regulations on administrative procedures in the field of construction, architecture planning construction of enforcement of resolution No. 55/NQ-CP on December 14, 2010 about the simplification of administrative procedures in the scope of the management function of the Ministry of construction are as follows : article 1. Amendments and supplements to some articles of the circular No. 05/2009/TT-BXD dated 26/5/2010 of the Ministry of construction guide on training construction professional and certified construction engineers (hereafter abbreviated as circular No. 05/2009/TT-BXD): 1. To modify article 3 as follows : "article 3. Conditions to be recognized as the basis of eligible training, professional training assessment To be reviewed, recognized as the basis of eligible training, professional training, in addition to construction must meet all the requirements as specified in clause 1 Article 23 of Decree 112/2009/ND-CP on December 14, 2009 by the Government , the institution must also meet the following conditions: 1. The facilities serving training construction services: ensure the classrooms have the scale, facilities consistent with the number of students and the facilities, the equipment meet the requirements of teaching , learning.

2. Teaching materials: a) teaching material content by training professional training assessment compiled program should match the frame as specified in annex 1 of this circular;

b) teaching material must write the name of the base training construction profession, are in, close the book;

c) have a minimum of 3 sets of titles check test training program of professional training assessment.

3. Faculty: the Faculty engage in teaching degree from the University. Declaration form the list and information about teaching staff as stipulated in annex 2 of this circular.

4. management training: a) Have management that meets the requirements of professional and business service to organised refresher courses; student records, records documents related to training and professional training assessment;

b) Have management processes and quality control training and professional training assessment;

c) Has people in charge of the course has experience in organizing the training course or professional training in the areas related to building operations. "

2. Amendments, supplements and point b paragraph 1 clause 2 article 4 as follows: "article 4. Records of registration 1. The basis of training needs training assessment and meet the conditions specified in article 3 of this circular set 1 the prescribed records sent directly or by post of the Ministry of construction to be reviewed, accepted as the basis of eligible training professional training, assessment.

2. Registration documents include: b) legal profile: authenticated copies of certificates of registration of business or establishment for the base does not have a certificate of registration of business or regulatory functions or scientific activities.

The case papers on the copy is no endorsement, then the institution must present originals to reference when required. "

3. Amendments, supplements article 5 as follows: "article 5. Evaluation and accreditation of training establishments 1. Within 3 working days from the date of receiving the application, the agency receiving records, if the profile is not yet properly prescribed, then inform, guide and once in writing to additional training, complete the profile. Additional period of records is 10 working days. After the time limit if the institution does not provide sufficient regulatory records, the records shall be considered invalid.

2. Ministry of construction established the Council to appraise the registration records of the training facility. Before the Council meeting, the Ministry of construction can examine directly the capacity of training establishments according to the content of the provisions of article 3 of this circular.

3. within 7 working days from the date of receiving the application, the Ministry of construction held in recognition of the assessment basis of qualified training, improving assessment and put up the Website of the Ministry of construction. "

4. Amendments, supplements paragraph 1, paragraph 2 article 13 is as follows: "article 13. Order and procedure for certification of engineers construction 1. The proposed certificate of construction engineers sent directly or via postal 1 record as defined in article 14 of this circular to the building Department where the registration certification.

2. within 10 working days from the date of receiving the application, the Department of building inspection and additional requirements, complete the profile if missing or invalid. Additional period, finishing the record is 10 working days. "

5. Amendments, supplements a paragraph 3 article 15 as follows: "article 15. Certificate reissuance construction engineer 3. The procedure of reissuing a certificate) Who apply for reissuance of certificates sent directly or via postal 1 record as defined in paragraph 2 of this Article to the building where the Department has issued the certificate. Within 3 working days from the date of receiving the application, the Department of building inspection and additional requirements, complete the profile if missing or invalid. Department of construction considering reissuing the certificate construction engineers to individuals eligible under regulations within 7 working days, from receipt of the valid application. "

Article 2. Amendments and supplements to some articles of the circular No. 25/2009/TT-BXD DATED on 29/7/2009 a guide on improving project management of construction works and supervision of construction works (hereinafter abbreviated as circular No. 25/2009/TT-BXD): 1. Amending and supplementing article 3 as follows : "article 3. Conditions for recognition of training establishments 1. Legal personality: The basis of training from professional colleges, the cadres training school, the library, the Institute, the Research Center has the function of specialized professional training; the Center has training functions in the professional associations related to construction activities.

For the other entities established by regulations of the corporate law, the Ministry of construction will look specifically on the basis of the actual situation and needs to recognize.

2. Infrastructure serves training: a) ensure the classrooms have the scale and facilities consistent with the number of students and the facilities, the equipment meet the requirements of teaching and learning.

b) contains the laboratory or the tape drive to an introduction to the methods of building (for the GSTC professional training).

3. Lecturer a) training facility must have at least 40% of the teaching staff in payroll or contract does not specify a time limit on the total number of trainers involved improving MANAGING PROJECTS or GSTC.

b) standard: University degree or above in accordance with the content taught; Faculty engage in teaching skills in MANAGING PROJECTS and GSTC must have practical experience from 7 years of activity in the areas of project management, building economics management; survey design; building construction; supervision of construction works; research, teaching about specialized in construction.

c) a trainer just signed a contract to join the teaching not more than 10 topics for a program or project manager overseeing the construction. For teaching staff in payroll or contract does not specify the time limit was not a contract with the 3 training facility in the same time.

d) Faculty engage in teaching the subject of project management and construction supervision must register with the Ministry of construction according to the votes registered trainers in annex 1 of this circular.

Faculty list) registered with the Ministry of construction will be posted on the electronic information Page "construction management" of the Ministry of construction; at the same time will be reported to the building Department to track, manage.

4. Teaching materials a) teaching materials must be printed, bound book with deals check out professional training program's MANAGING PROJECTS or GSTC.

b) teaching material content match program framework in Appendix 1 and Appendix 2 attached to this circular.

c) teaching materials by registered instructors involved in teaching or the professionals meet the conditions stated in paragraph 1 of article 3 of this circular.

d) The teaching material must indicate the name, title, where the work of the editor.

5. management training: a) Have management that meets the requirements of professional and business service to organised refresher courses, student records, records of documents related to the work of improving MANAGING PROJECTS and GSTC.

b) Have management processes and quality control of the work of professional training.

c) Has people in charge of the course has 5 years or more experience in organizing the training courses or professional training in the areas related to building operations. "

2. Modify, supplement a, DD account 2 article 4 as follows: "article 4. 2 registration records. Registration records are: The presentation and documentation of the performed training facility to meet the conditions stated in clause 1 capacity article 3 of this circular, specifically as follows:


a suggested) sign professional training facility project management in construction works or construction supervision works according to the model in annex 2 of this circular;

DD) Faculty list (attached registration form trainers in annex 1 of this circular), accompanied by the teaching contracts or employment contracts. "

3. Amendments, supplements article 5 as follows: "article 5. The process of implementation of recognized training facility 1. Training submission directly to the original registration records set 1st and 2nd record stars shooting in The building.

2. During 3 working days from the receipt of the record, the receiving unit to check the records, if the profile is not yet properly prescribed, then inform, guide and once in writing to additional training, complete the profile.

During 30 days from the date of receipt of a valid application, the Ministry of construction held in recognition of the assessment basis are eligible for training, professional training in project management or supervision.

3. Ministry of construction established the Council to appraise the registration records of the training facility. Before the Council meeting, the Ministry of construction can examine directly the capacity of training establishments according to the content of the provisions of article 3 of this circular.

4. The base assessment results, the Ministry of construction decided to acknowledge in writing and putting up the Website of the Ministry of construction of the training base of qualified professional training organization in project management or supervision.

For the professional training program of supervision, in the decision can recognize training facilities are improving supervision of one or more specialized in construction (residential, industrial, infrastructure; traffic; irrigation, hydropower). "

4. additional annex 1, Appendix 2 attached to this circular to circular No. 25/2009/TT-BXD DATED on 29/7/2009 of the Ministry of construction.

5. additional content "organize training at" in annex 3, annex 4 of circular No. 25/2009/TT-BXD DATED on 29/7/2009 of the Ministry of construction.

Article 3. Amendments and supplements to some articles of the circular 27/2009/TT-BXD dated 31/7/2009 of the Build Guide and some of the content on quality management of construction works (hereinafter abbreviated as circular 27/2009/TT-BXD): 1. Amend paragraph 3 to article 2 as follows: "article 2. Responsible for managing the quality of construction works of the ministries, ministerial agencies.

3. The synthesis report, the Ministry of construction about the quality and quality management by the Ministry of construction, the horizontal management agency before December 15 of every year according to the model in annex 5 of this circular. "

2. Amend paragraph 4 of article 3 as follows: "article 3. State management responsibility for the quality of construction works on the provincial people's Committee.

4. The synthesis report, the Ministry of construction quality on the situation and the quality management of construction works on the area before December 15 of every year and report irregular when required according to the model in annex 6 of this circular. "

3. Amendments, supplements account 6 article 4 as follows: "article 4. Duties and powers of the investor in the case directly or hire management consulting project management 6. The report of the State administration of building by local divisions of a) owner is responsible for reporting and sent by post to the State administration of building by local divisions of the situation the quality and quality management of construction works prior to December 15 of every year; report when completed put the construction works on the use, operation, exploitation; irregular reports when required according to the model in annex 7 of this circular. (as reported by postmark where to go).

b) State administration of building by local divisions receive reports and submit to receive votes for the investor according to the model in annex 8 of this circular, by mail within 24 hours from the receipt of the report (the time of the receipt of a report pursuant to mark). "

4. Amendments, supplements article 21 item 2 as follows: "article 21. Incident classification, reporting and evaluation process to determine the cause of the problem 2. The order of reporting and evaluation to determine the cause of the problem the process a) investor for the construction industry, owners or management server used for construction use, operate, exploit is responsible for reporting the incident quickly and sent by post to the State Management Agency according to the hierarchy prescribed in article 35 Decree No. 209/2004/ND-CP DATED within 24 hours, since the incident (as reported by postmark where to go).

b) provincial people's Committee has the responsibility of receiving quick report the incident to the construction level I, level II, level III; The Ministry of construction is responsible for receiving quick report construction issues level I and level II. After receiving the report, the receiver according to the hierarchy must send the vote receiving by mail for the owner, the owner or the management server using the construction works within 24 hours from the receipt of the report (the time of the receipt of a report pursuant to sign).

c) decentralized governance bodies have responsibilities or authorities to determine the cause of the problem of construction works as follows:-provincial people's Committee or the people's committees at district level are the provincial people's Committee mandated for all incidents;

-Ministry of construction or authorized agency for the breakdown level I and level II when requested by the Prime Minister or provincial people's Committee suggested. The management of specialized construction works in cooperation with the Ministry of construction made this mission. "

5. Annex 5, annex 6, Appendix No. 7 attached to this circular replaces annex 1, annex 2, Appendix 3 attached circular 27/2009/TT-BXD.

6. additional annex 8 ban Peng attached to this circular to circular 27/2009/TT-BXD dated 31/7/2009 of the Ministry of construction.

Article 4. Amendments and supplements to some articles of the circular No. 15/2008/TT-BXD dated 17/6/2008 tutorials, reviews, recognizing the new urban pattern (hereafter abbreviated as circular No. 15/2008/TT-BXD) 1. Additional amendments clause 1 section IV as follows: "IV. The independent profile, reviews, recommendations recognize the new urban pattern 1. Establishment owner reviews the implementation according to the criteria of the new urban pattern. The records include: a) A self assessment report implementation according to the criteria of the new proposal recognising the new urban pattern;

b) certified copies of decision approving the detailed planning 1/500;

c) certified copies of the text or the decision to allow investment of the authority;

d) some illustrations according to the criteria. "

2. Amendments and supplements section IV paragraph 4 as follows: "IV. The independent profile, reviews, recommendations recognize the new urban pattern 4. Suggest recognition: based on the results of the evaluation of the Board, owner and send The building a (01) record suggest recognition of new urban pattern. The records include: a) the Sheet (according to the model in annex 9 of this circular);

b) profile specified in section IV. 1;

c) A general social survey as specified in section IV. 2 c;

d) report on the reviews, to the point of the Council as specified in section IV. 3. c;

DD) comments, recommendations of the PEOPLE'S COMMITTEE at district level, the social level to manage urban areas on the recognition of new urban pattern. "

3. Modify, Supplement V as follows: "v. Ministry of construction appraisal and recognition 1. The Ministry of construction is responsible for receiving, and receiving votes in the log book records suggest recognition of new urban pattern. During the 10 days, the Ministry of construction is responsible for checking, if incomplete records according to the rules, the guidelines once in writing to the owner, additional finishing profiles (this time not on the time limit to solve administrative procedures).

2. In the course of the evaluation, the Ministry of construction is responsible for organizing the written opinions of the provincial people's Committee, where a new project proposal recognized the new urban pattern; appraisal organizations, decision-making and certification of new urban pattern within 30 working days from the date of receipt of application rules.

3. The investor receive the results in The building. "

4. additional model sheets of the proposed recognition of urban design in annex No. 3 attached to this circular to circular No. 15/2008/TT-BXD dated 17/6/2008 of the Ministry of construction.

Article 5. Modified, added some content in the Vietnam construction standards TCXDVN 297:2003 "specialized laboratory construction. Standard recognizes "attached to decision No. 11/2003/QĐ-BXD dated 12/5/2003 by the Minister of construction (hereinafter abbreviated as decision No. 11/2003/QĐ-BXD): 1. Explain the item 4.6 as follows:" 4.6. Environment: a) the lab must have environmental conditions (temperature, humidity, ...) consistent with the requirements of technical standards; to ensure ventilation and concentration of steam, odors from chemical experiments out to the surrounding environment must ensure the requirements of the national technical regulation.

b) with respect to the lab to have the equipment causing the noise (air ready, mixers, tractors, compressors, equipment ...), the noise level to ensure the requirements of the national technical regulation. Lets not put the laboratory in condominium. "

2. Amend item 4.7 as follows: "quality management: 4.7 After 12 years since being granted accreditation decision, the laboratory must have the certificate of quality management system according to ISO 9001:2000 or ISO/IEC 17025 and to maintain the system during operation".

3. Cancel the content in section 5.1. c; item 6, item 7, application form for laboratory accreditation in annex I to the report model and the ability and the situation of laboratory activities in Appendix K attached to decision No. 11/2003/QĐ-CONTRUCTION of the building.

Article 6. Amendments and supplements to some articles of the Statute recognizes and active management specialized laboratory construction attached to decision No. 11/2008/QD-BXD dated 1/7/2008 of the Minister of construction (hereinafter abbreviated as decision No. 11/2008/QÐ-BXD): 1. Amend article 5 as follows :


"Article 5. Laboratory management facility must register the additional recognition when in need of expansion, shrinking capacity in operation or change locations laboratory. Additional recognition profile laboratories comply with the contents specified in chapter II of this regulation. "

2. Modify Article 6 as follows: "article 6. Specialized laboratory construction reviews, if the requirements under the provisions of this regulation will be reviewed, recognized level decision. "

3. Amendments, supplements article 8 as follows: "article 8. Application of specialized laboratory recognized building include: a) petition to recognize the specialized lab construction (according to the model in annex 10 of this circular);

b) decided to set up the laboratory of direct management facility;

c) a copy of the decision to appoint the head of the laboratory;

d) training certificate copy of head of laboratory, laboratory technicians or lab because the Agency has a training function;

DD) reporting the situation of laboratory activities (according to the model in annex 12 of this circular);

e) laboratory ground drawing (using the size of the room, location of the laboratory equipment, the location of the Save template ...);

g) a copy of the purchase contract, invoice and delivery of laboratory equipment and measuring of the laboratory; A copy of the decision of the authority for the equipment was moved from other agencies;

h) a copy of the contract the employer for managers and staff of experiments are registered in profile;

For a copy of the papers in the profile will be collated with the originals during the reviews of the lab. "

4. Modify Article 9 as follows: "article 9. Profile register additional recognition include: a) additional recognition application (according to the model in annex 11 of this circular);

b) directory of additional tests, technical standards; Inspection/calibration certificate the additional equipment; Copy (without notary) documents proving the equipment to be purchased or transferred from other agencies; Certified staff perform additional tests;

c) reporting capabilities and operational situation of the laboratory (according to the model in annex 12 of this circular);

d) drawings by the laboratory and laboratory equipment (case change location to put the laboratory); "

5. Amend article 10 as follows: "article 10. Profile recognition and additional recognition of specialized lab construction is delivered directly at The building or by post. If the profile does not meet regulatory requirements, within 7 working days, recognized rating agency must respond in writing to the laboratory management facility to complement and complete the profile. Evaluation in the laboratory will be conducted within 20 working days, from receipt of valid profile. "

6. Modify Article 12 as follows: "article 12. Reviews of the laboratory includes the following principal contents: 1. The decision to establish the laboratory, appointed head of the laboratory;

2. contract of purchase, reference of bills and handing over laboratory equipment/writing things moved the equipment of the authority; the labor contract of the managers and employees of experiments are registered;

3. Determine the conformity with the standard TCXDVN 297-2003, including: the working environment conditions of the laboratory; certificate of training managers and laboratory workers; device status and inspection/calibration certificate equipment; the standards and documentation of laboratory techniques for the content of the base;

4. check the quality management system of the laboratory, including: sampling, survey processes; manuals, operating procedures and equipment for each laboratory test; the record books (delivery of samples; laboratory process results; save the form); the vote results of experiments; certificate of quality management system of ISO-standard laboratory 9001:2000 or ISO/IEC 17025 (for the base was operational for 1 year from the date of the decision and suggested additional accreditation registration). "

7. Amendments, supplements article 17 as follows: "article 17. The vote results of experiments by the facility set up at the request of the trial, but must have the basic content and information: 1. name the facility laboratory management;

2. The name and address of the laboratory, LAS-code (in the decision);

3. Number of economic contracts or written request of the unit test requirements;

4. The name of the project/works/projects surveyed, sampling, experiments. For the experiments serve research/test the quality of the manufacturer shall specify the purpose of the experiment.

5. name the officers of investors in monitoring the process triggered samples, experiments;

6. Types of Labs;

7. Standards and laboratory equipment;

8. The results of experiments;

9. Time the vote results of experiments;

10. Signature of employee: experiments and head of laboratory;

11. Signature of authorized person and stamp of legal basis to manage the laboratory. "

8. Annulment of article 7, article 23, article 29.

9. The application form No. 10 in Appendix attached to this circular replaces the application form recognized laboratory construction industry attached to decision No. 11/2008/QÐ-BXD.

10. additional forms to suggest additional recognition of specialized laboratory construction in annex No. 11; ability to report form and the situation of laboratory activities in annex 12 to decision No 11/2008/QD-CONTRUCTION of the building.

Article 7. Handle forward 1. For circular amending and supplementing some articles of circular No. 05/2009/TT-BXD dated 26/5/2010 of the Ministry of construction guide on training construction professional and certified construction engineers a) training facility has been recognized before the date of this circular in force do not have to register again. The base has not been recognized before the day this circular effect, if the register to be recognized basis are eligible for training, professional training, the assessment made by this circular.

b) The individual has been issued or reissued certificate construction engineer before the day this circular in force do not have to register again. The individual has not been certified before the date this circular effect, if registration to be issued or reissued certificate construction engineers then follow this circular.

2. for circular amending and supplementing some articles of circular No. 25/2009/TT-BXD DATED on 29/7/2009 a guide on improving project management of construction works and supervision of building works in The training facility has been recognized before the date of this circular in force do not have to register again. The base has not been recognized before the day this circular effect, if the register to be recognized as the basis of training in project management or supervision shall follow this circular.

3. for circular additional amendments to some articles of the Statute recognizes and active management specialized laboratory construction attached to decision No. 11/2008/QD-BXD dated 1/7/2008 of the Minister of construction.

The laboratory specializes in the construction industry have been recognized prior to the date of this circular in force is not the answer. The lab has not been recognized or would like to be recognized, the additional proposal made by this circular.

Article 8. The effect and enforcement responsibilities 1. This circular has the effect after 45 days from the date of signing issued 2. Ministries, ministerial agencies, government agencies, people's committees of provinces and cities under central are responsible for implementation of this circular.

3. in the implementation process if there are concerns, organizations, individuals submit comments to the Ministry of construction to consider, resolve./.