Advanced Search

Circular 03/2011/tt-Bxd: A Guide To Auditing Activities, Assessment And Certification Of Qualified Safety, Certification Of Conformity Of The Quality Of Construction Works

Original Language Title: Thông tư 03/2011/TT-BXD: Hướng dẫn hoạt động kiểm định, giám định và chứng nhận đủ điều kiện đảm bảo an toàn chịu lực, chứng nhận sự phù hợp về chất lượng công trình xây dựng

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$40 per month.
CIRCULAR guide audit activity, assessment and certification of qualified safety, certificate of conformity of quality construction work _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ 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. 209/2004/ND-CP on December 16, 2004 by the Government on managing the quality of construction works and Decree No. 49/2008/ND-CP dated 18/4/2008 of the Government revising, supplementing a number of articles of Decree No. 209/2004/ND-CP;
Pursuant to Decree No. 12/2009/ND-CP dated February 12, 2009 on the management of government investment project construction;
The building instructions the auditing activities, assessment and certification of qualified safety, certificate of conformity of quality construction works as follows: chapter I GENERAL PROVISIONS article 1. Scope and objects 1. Scope this circular guidance on auditing activities, assessment and certification of qualified safety, certification of conformity of the quality of construction works.
2. Subjects of application this circular apply to organizations and individuals in the country and abroad related to auditing activities, assessment and certification of qualified safety, certification of conformity of the quality of construction works on the territory of Vietnam.
Article 2. Explanation of terms In this circular, the terms below are interpreted as follows: 1. the quality control of construction works (hereinafter abbreviated as calibrated) is the activity check, determine the quality of construction products, Division of works or buildings compared to the requirements of normative and design technical standards, through the experiments in connection with the review, reviews the current state of Visual.
2. The assessment of the quality of construction works (hereinafter abbreviated as examiner) is the auditing activity by the State agency or agency of competent jurisdiction implementation or referendum, claims made.
3. The certificate of conformity of quality construction works (hereinafter abbreviated to quality consistent) is to assess, confirm the quality of the work or category of construction parts, fit the design, specifications, standards and technical requirements applicable to the works.
4. The certificate of eligibility ensure safety (hereinafter abbreviated as bearing safety certification. Article 3. The cases made inspection, inspection 1. The case must perform the inspection: a) When construction occurs a problem or defect of quality;
b) When there is a dispute about the quality of construction works;
c) periodic inspection of construction works in the process of use;
d) renovate, upgrade or extend the life of construction works;
DD) Gospel quality of construction when there is doubt about the quality;
e) other circumstances as stipulated by related laws.
2. The cases make the assessment: a) When a decision on the Agency's proceedings or the person conducting the proceedings (judicial appraisal of construction);
b) upon request of the State Agency on building or the other State management bodies in accordance with the law (collectively referred to as the State Administration).
Article 4. The case made the certificate bearing safety and consistent quality certification 1. Compulsory check-bearing safety certification, before put into use for the categories of works or construction works when a malfunction could have caused the disaster, including: a) condominium from level II; individual housing as specified in clause 2 Article 43 of Decree 71/2010/ND-CP dated 23/6/2010 of the Government detailing and guiding the implementation of the Housing Laws. b) public works:-kindergartens, kindergartens, schools have to scale from 4 floors or over or have total floor area for a category of works from 500 m 2 upwards;
-Clinics, home, nursing home, rehabilitation, chiropractic, nursing home, disease prevention and other health establishments have the scale from 4 floors or over or have total floor area for a category of works from 500 m 2 upwards;
-Universities and colleges, professional schools, vocational schools, technical schools, business schools and other school types from level II;
-General Hospital, specialty hospital from the central to the local clinic, specialist examination from level II;
-Conference centers, theatres, cultural houses, clubs, cinemas, circuses from level II;
-Trade Center, supermarket, shops, restaurants, refreshment from level II;
-Stadium, indoor stadium, training from level II;
-Based State administrative agencies, career, business, social and political organizations and other organizations from level II;
-The airline Terminal, the waterway, rail, auto bus from level II;
-The post office from level II;
-Universal House, hotels, hostels, guesthouses, from level II;
-Fun, entertainment from level II;
-A Museum, library, exhibitions, galleries and other projects have similar functions from level I;
-Tower, telecommunications, radio broadcasting, television is located in the residential area from level I.
c) petroleum industry works from level II and above include:-mining exploration rig in the sea;
-Petrochemical refinery;
-Gas processing plants;
-Inventory;
-Liquefied petroleum gas container;
-Gas pipelines, oil.
d) irrigation, hydroelectric Dams, reservoir from level II;
DD) technical infrastructure works:-high-speed rail, rail on high;
-Car and motorbike garage from level II;
-The subway;
-Road Bridge, railway bridge from level I;
-Vehicle tunnel, railway tunnel, pedestrian tunnel from level I;
-Cable transport systems.
e) other works as specified by the relevant law.
2. Quality certificates matching: a) at the request of the State administration of the building comes from the community benefits;
b) at the request of the owner, the owner of the home, manage the use of the work or the Organization, other relevant individuals comes from its benefits (benefits of the individual purchase, rent, own or sell insurance organizations for the work ...);
c) quality certificate match can consist of one, some or all of the requirements on safety, safety of use, exploitation, operation and other necessary contents for the works, projects.
3. for the Works Council of the State trials of the construction inspecting or testing is not safe, consistent quality certification unless otherwise requested.
Article 5. Disclosure of information to the auditing organization, safety certification organizations, quality certification and professional organization of the judicial inspection of building 1. Auditing organizations eligible under the provisions of article 7 and the certification organization bearing safety certification organization, the quality of the fit (known collectively as the certification organization) are eligible on the capacity as defined in article 10 of this circular may register to be published on the website of the Ministry of construction.
2. Organization of the judicial inspection expertise built in accordance with circular No. 35/2009/TT-BXD dated 5/10/2009 of the building instructions of the judicial inspection of construction, was published on the electronic information page of the Ministry of construction.
3. the registration process to be published under the regulations announced by the Ministry of construction of information posted on this website.
Article 6. The choice of the auditing organization, the certification organization 1. The selection of an auditing organization or entity the certificate must comply with the following principles: a) in compliance with the requirements of the law of tenders;
b) meet the requirements for the competence of the auditing organization under the provisions of article 7 or by the certification organization specified in article 10 of this circular;
c) guarantee the independence requirements, objective: assess cases, safety certification, verification as specified in point a, b, e of article 3 paragraph 1, suitable quality certification as defined in art. 2 article 4 this circular shall perform inspection organization certification must be non-participating organizations survey the building, building design, construction, supply of materials and equipment for installation in buildings, project management and construction supervision of the main works are subject to inspection, certification.
2. The priority choice of auditing organization, the certification organization that has been declared under the provisions of article 5 of this circular in performing the assessment, proper quality certification according to the requirements of State management bodies and safety certification.
Chapter II INSPECTION and ASSESSMENT article 7. Asked about the capacity of the audit organization 1. About entity: is the organization established under the provisions of the law, there are functioning in the field of verification.
2. quality management system: a) Are tracking clues, check out the audit activities;
b) plans and methods of quality control ensure inspection includes: – auditing process for each object;
-The method of control of data collected for audit service;
-Organization plan of experiment and quality control;
-Internal control processes at various steps in the process of inspection and auditing results before finally announced.
c) set up and process management of records, the relevant documentation in the audit process; released the text in the control process; message text audit results; text answer the complaint with the relevant parties on the auditing results.
3. About condition of competence: a) capacity: have enough manpower and facilities, the equipment allows to perform the activities related to the auditing service, including:

-At least 3 individuals qualified to graduate upwards in the majors match the inspection, auditing and professional there have employment contract does not specify the time limit. The host performs inspection must have at least 10 years of operational experience in the field of construction and have a capacity in the areas of design, supervision of construction match the type, level and content inspection works are delivered;
-Has built specialized laboratory is accredited according to the regulations and capable of performing the test inspection service.
b) about the experience:-case control or projects: made at least 11 auditing works in the works of the same kind and the same level or 2 works of the works of the same type and level under the adjacent object auditing work;
-Auditing cases determine the norms, management, culture of the Department of public works, construction products or construction materials (concrete intensity test of texture; tight-checking an, waterproofing material; test determines the amount of cement ...) to have ever made a similar inspection work.
Article 8. The audit process, assessment and auditing outline content 1. For inspection at the request of the agency conducting the proceedings, the proceedings are conducted, the assessment made under the provisions of the judicial inspection of the construction.
2. With regard to the cases of other monitoring and control, the sequence of the main steps include: a auditing organization founded) outline of the auditing organization, the individual is asked to review auditing approved;
b) auditing organization performs testing in accordance with approved outline;
c) auditing reporting organization reviews, concluded according to the content requirements of the contract and send it to the Organization, the individual has the required inspection.
The case made the assessment at the request of the State Agency, the Organization, individuals are asked to submit the audit report, the conclusion to this agency. State agency receiving the report audit results and send the voucher to receive according to the form prescribed in annex 1 of this circular for the Organization, the individual audit requirements within 7 days from the receipt of this report (reporting time is calculated according to the time of the post marks the place of release).
3. Outline of the audit includes the following principal contents: a) the purpose of the audit, audit requirements, content auditing implementation processes and auditing methods;
b), technical standards are applied in the implementation of the inspection;
c) list and who was assigned to chair the auditing implementation information on the capacity of the individuals involved;
d) devices, the lab was used to perform the inspection;
DD) execution costs, the expected time to complete the test;
e) other conditions to perform the inspection.
Article 9. The cost of the auditing implementation 1. Auditing fees are determined by estimate according to the regulations on the management of construction cost and in accordance with the workload of the outline had been approved.
2. audit costs include some or all of the following costs: a) the cost of establishing the auditing outline;
b) costs survey the current state of the work, projects or parts of construction works;
c) laboratory sample cost, cost of experiments;
d) costs of research document profile;
computing costs), cost of assessment, reporting and the conclusion;
e) transportation costs;
g) other necessary expenses as defined.
Chapter III SAFETY CERTIFICATION, QUALITY CERTIFICATES CONFORM to article 10. Asked about the capacity of the Organization of certification 1. About entity: is the organization established under the provisions of the law, there are functioning in the area;
2. quality management system: a) Are tracking clues, check out the certified activities according to the contract;
b) plans and methods of quality control and quality assurance certifications include:-certification process for each object;
-The method of control of data collected to serve;
-Organization plan of experiment and quality certification;
-Internal control processes at the steps of the certification process and the results certified before finally announced.
b) and processes to manage records, the relevant documents in the certification process; released the text in the process of conducting; message text results certified; text answer the complaint with the parties concerned about the results.
3. About condition of competence: a) capacity: have enough manpower and facilities, the equipment allows to perform the activities related to certification services including at least 3 individuals qualified to graduate upwards in the majors match the work certificate , have professional certification, labor contract does not specify the time limit. Who chaired the certification must have at least 10 years of operational experience in the field of construction and have a capacity in the areas of design, construction supervision, quality control of construction works consistent with the type and level of works is certified;
b) about the experience:-for grade I, granted special: made the certificate at least 12 works of the works of the same kind and the same level or 2 works of the works of the same type and level under the adjacent objects certified works;
-For works from level II came down: made the certificate at least 12 works of the works of the same kind and the same level or above or who presided over the execution of the certification organization must have been the design, supervision of construction or quality control for at least 3 grade equivalent to or above.
Article 11. The sequence, content checking and certification 1. The order, check the certificate includes the following major steps: a) held up certification outline of certification according to the content check, certified in paragraph 2 of this Article the owner, the owner considered approved. Depending on the type and scale of the work, when establishing the certification organization, outline expected number of test match to ensure control and evaluate the quality of the work, the categories of works during construction;
b) certification organizations make check, certified in accordance with the outline already approved. The certification must be made right from the commencement.
After each audit, the Organization made the certificate must have a report review, reviews written about the quality and management of the quality of the work have checked send investors and other stakeholders. During the check, if in doubt regarding the content of the certification, the certified organization suggest the parties concerned to clarify, where necessary, to suggest the owner organized welfare check, test again.
c) held the certification certificate prescribed in article 12 of this circular before the owner, the owner put the work into use. For the works done, safety certification quality certificate accordingly at the request of the State Agency of the local construction, the owner, the owner is responsible for sending 1 this certificate attached to report test results and report on the trials completion of works or projects are certified for the Agency to check and manage. This certificate is for the owner, the owner put the work into use.
The State administration of building in the locality to receive the certificate and send the voucher to receive according to the form prescribed in annex 1 of this circular for the owner, the owner within 7 days from receipt of this certificate (certificate time is calculated according to the time of the post marks the place of release).
2. content checking, certification: a) check the quality management:-The compliance with the provisions of the law on condition that the capacity of the participating entities relevant construction;
-The order and the procedures of establishment, approval of investment projects, the process of implementing investment projects;
-The order and the procedures of evaluation, approval and survey records, design;
-The certificate of quality of materials, supplies and equipment; results of experiments of materials, laboratory test results, check (if available); report on the trials of job, stage and completed the work;
b) test design technique: record-checking, assessing the suitability of the reported survey results compared to standard construction survey and survey missions;
-Check, evaluate the suitability of technical design (design step 3 case) or construction drawing design (design case 2 steps, step 1) than the design requirements, conditions, standards, technical standards are applied to the process.
c) check the quality construction: test-drawing construction was approved by the owner;
-Direct examination, evaluate the quality of materials, supplies, equipment, prefabricated products are used for works;
-Quality control of the construction of parts of works, projects, assessment of conformity than with quality and design standards, technical standards applied;
-Quality control system construction of infrastructure works and reviews the fit quality compared with the approved design and technical standards, standards apply;
-Check, witness try downloading, operate the try-works, projects are certified;
-Check the figures and results monitoring and external expression of texture.
For the case of bearing safety certification, the test subjects only focus on parts of works, bearing structures when vandalism can cause disaster.
Article 12. Certificate 1. The certification organization certification for the owner, the owner according to the time limit stipulated in the contract. Contents include: a certificate) name of organization;
b) the base implementation;

c) Name works, projects are certified;
d) certified content;
DD) concluded, reviews;
e) signature and stamp of the legal representative of the organization.
2. Handling the case did not qualify for certification: for cases that do not qualify for certification, the certified organization is responsible for notification in writing to the owner, the owner of his decision, which stated the reason not to grant the certificate. The owner, the owner has the responsibility to report it to state regulators about the local construction know to check and handle.
Article 13. The cost of implementation of certification 1. Cost bearing safety certification and accreditation fees accordingly at the request of the State agency owner charged from cost of construction investment in total investment construction.
This cost is determined by estimating as defined and include some or all of the following costs: a) the cost of establishing the outline;
b) costs check out procedural sequence, profile building, construction quality management;
c) cost calculations, testing, conformity assessment of prospecting, design profile;
d) costs to check the conformity of the quality of building construction;
DD) costs of sampling experiments, experiments, testing fee (if necessary);
e) expense reporting and conclusions;
g) cost of travel and transportation;
h) other necessary expenses as defined.
2. The cost of proper quality certification at the request of the owner, the owner by the owner, the owner and the organization certified agreement. This cost can be determined by estimate according to the regulations.
Chapter IV IMPLEMENTATION article 14. Responsible for implementation 1. The Ministry of construction is responsible for: a) the governance of the auditing activity, certification; Guide, examine the implementation of this circular within the country;
b) suspend, or request the State governing body of the local construction suspended the auditing implementation, certified when detected violations in auditing activity, certification. Case of need can ask the Agency to manage state on the local construction does not allow for the owner, the owner put works on extraction, use or suspended the use of works when the detection factor does not guarantee safety for the work;
c) synthesis and posting information to the auditing organization, the certification organization; announced sanctions and removed from the list of organizations that violate the provisions of this circular on electronic information page of the Ministry of construction.
Department of State inspection on quality of construction works – the Ministry of construction is clue to help the Department build on the work done.
2. the people's committees of provinces and cities under central government responsibility: a) the instructions and check the implementation of accreditation, certification within the administrative boundary management by themselves;
b) suspended the auditing implementation, certified when detected violations in auditing, certification activities; do not allow the owner, owners put into exploitation, use or suspended the use of works when the detection factor does not guarantee safety for the work;
c) to receive and publish information to the auditing organization, the certification organization of local activities; announced sanctions the Organization violates the provisions of this circular on electronic information page of your local building Department and submitted to the Ministry of construction announced on electronic information page of the Ministry of construction;
d) general implementation of every year under the provisions of this circular and reports the Ministry of construction.
Department of construction is clue to help the province people's Committee, the central cities performed the job on.
Article 15. Handle violation of the owner, the owner of the works and the auditing organization, the certification organization if in violation of the provisions of this circular, then outside the sanctioned administrative offense under the provisions of the law also dealt with as follows: 1. for the owner, the owner of the work : suspended use of works or not put the work into the harness, use.
2. for auditing organizations, certification organizations: type from the list of published auditing organizations, certification organizations on electronic information page of the Ministry of construction.
Article 16. Terms of implementation 1. This circular has effect from the day 1/6/2011 and replaces circular No. 16/2008/TT-BXD dated 11/9/2008 of the Ministry of construction inspection manual, certificate of qualified safety certificate and withstand the consistent quality of construction works; Article 5, article 6 circular No. 03/2009/TT-BXD dated 6/7/2009 by Ministry of construction stipulated details about conditions in the capacity-building activities; point b item 2 article 4 and article 8 circular No. 35/2009/TT-BXD.
2. The works are being done the certificate under the provisions of the circular 16/2008/TT-BXD continues to be made under the provisions of circular No. 16/2008/TT-BXD.
In the process if there are difficulties and obstacles arise, suggest that the organizations and individuals submitted comments on the Ministry of construction to be Guide./.