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Decree 114/2010/nd-Cp: Regarding The Maintenance Of Construction Works

Original Language Title: Nghị định 114/2010/NĐ-CP: Về bảo trì công trình xây dựng

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Pursuant to the law on organization of the Government of 25 December 2001;

Pursuant to the law No. 16/2003/QH11 on November 26, 2003 of the National Assembly;

Pursuant to the law of standards and technical regulation No. 69/2006/QH11 on June 29, 2006 of the National Congress;

Considering the recommendation of the Minister of construction, the DECREE: chapter I GENERAL PROVISIONS article 1. Scope and object to apply this Decree Law enforcement building instructions on maintenance of construction works; apply to the organizations and individuals involved in the management, exploitation and use of construction works (hereinafter abbreviated as works) on the territory of Vietnam.

Article 2. Explanation of terms 1. Maintenance works is a collection of work to ensure and maintain the normal work, the safety of works under the provisions of the design during the extraction process used.

Content maintenance works may include one, some or all of the following work: testing, monitoring, quality control, maintenance and repair works.

2. Maintenance works is the regulation about the order of contents and instructions made the job of maintenance works.

3. check works is the review by visually or by dedicated equipment to assess the current state of the process in order to detect the signs of damage.

4. Observation of the process of observation, measurement of technical parameters of the construction according to the requirements of the design process in use.

5. Maintenance works is the activities (monitoring, care, repair of minor damage, maintenance of equipment installed in the works) are conducted regularly, periodically to maintain the work in the extraction status, normal use and limit the damage to buildings.

6. Quality control of works is to check and determine the quality or conformity assessment of the quality of the work compared to the requirements of the design, technical standards, standards through the review of the current state of the work by the combined with analysis, evaluation of experimental works.

7. Repair works is the fix the damaged works were discovered in the extraction process, used to ensure the normal and safe working of the process.

8. the design lifespan is the duration of use of the work by the design calculation in the design process works.

9. The owner of the work is personal, held rights under the provisions of the law.

Article 3. Request for maintenance works 1. Of works and parts of works when put into exploitation, use must be maintained under the provisions of this Decree.

The works were put into exploitation, use prior to the time this Decree in effect perform maintenance as stipulated in article 15 of this decree law, unless otherwise specified.

2. Maintenance works were established in accordance with the Department of public works, equipment installation on the structures, types, levels and purpose of use of the work.

3. Maintenance works to ensure the safety of people and property and ensure the maximum continuous operating and safety of works.

Article 4. Order maintenance works 1. Establishment and approval of maintenance works.

2. Planning and estimating cost of maintenance works.

3. Check the regular work, periodic and irregular.

4. with regard to monitoring the works that require monitoring.

5. Maintenance works.

6. Quality control the process when necessary.

7. Fix the recurring work and irregular.

8. Establishment and maintenance of records management works.

Article 5. The Organization, individuals are responsible for maintenance works 1. The Organization, the following individuals are responsible for maintenance of public buildings: a) the owner of the work;

b) Who manage the work or the use of works when the owner authorization (hereinafter abbreviated as authorized);

c) Who use the process in the case has not yet identified the owner of the work.

2. where the works are more than the owners responsible for maintenance works, part of his own property, the owners are responsible for maintaining the public-owned buildings under the provisions of the relevant laws.

3. The person in charge of maintenance works must be responsible before the law about the problem or degradation of the works do not perform maintenance works under the provisions of this Decree.

4. The bodies specified in paragraph 1 to article 26 of this Decree and the provincial people's Committee guidelines specify who is responsible for the maintenance process consistent with capital source and form of ownership.

Chapter II MAINTENANCE WORKS in article 6. Establish maintenance works 1. Responsible for establishing the maintenance process works: a) contractor construction design is responsible for set up and delivered to the owner maintenance works or parts of works designed by themselves along with the profile design;

b) contractor to provide equipment for installation in buildings is responsible for set up and delivered to the owner maintenance for its equipment provided before installation in the works;

c) where the contractor construction design, contractors provide equipment installation on non-works established maintenance process, the owner can rent other consulting organizations that qualify the capacity building activities as provided by the law to establish maintenance procedures for the subjects referred to in point a or point b of this clause and responsible Consulting expenses.

2. set the base maintenance works: a) technical standards, standards applicable to the work;

b) maintenance work of similar works, if available;

c) instructions of the manufacturer of the equipment;

d) natural conditions where construction works;

management experience), use of buildings and equipment are installed in public buildings;

e) The relevant regulations of the competent State bodies.

3. Maintenance works was established covering the whole guarantee of parts of constructions, including the following: a) prescribed specifications, technology, processing of results monitoring process that requires monitoring implementation;

b) specified object, method and frequency of checks works;

c) content rules and instructions make maintenance works;

d) determine, subject and content need periodic inspection;

DD) prescribing the time and directions replace periodically the equipment installed in the works;

e) instructions on the method of fixing the damaged works, handling cases of degraded structures, regulatory conditions to ensure occupational safety, hygiene and the environment in the process of performing maintenance works;

g) instructions relating to maintenance works.

4. Not required to set up separate maintenance procedures for each civil level IV, individual housing and temporary works, unless the law otherwise. The owner or a person authorized by this works must still perform maintenance works under the provisions of this Decree.

5. in case there are technical standards on maintenance or maintenance of works similar to the suit, the owner or authorized person may decide to use technical standards or that procedures for works without setting a private maintenance process.

6. Maintenance works are expressed clearly, publicly by Vietnamese or English (for foreign-funded investment) on paper, floppy disk or other media.

7. within two years from the date of this Decree takes effect, the Agency specified in item 1 Article 26 of this Decree is responsible, in coordination with the Ministry of science and technology to build and issued technical standards on maintenance works in accordance with the type and level of work.

Article 7. Appraise, approve maintenance works 1. The owner under the provisions of the law on construction, is responsible for receiving maintenance due to contractors and construction design contractor to provide equipment installation in the works; organize the evaluation and approval process for maintenance work before the company put to use, unless otherwise specified by law.

2. The owner may rent assessment advice part or the entire maintenance process works by the contractor to design as the basis for the evaluation, approval.

3. for works are invested according to the BOT (build-transfer-business), BTO (build-transfer-business) and BT (build-transfer), the project business (investors) have the responsibility to organize the evaluation and approval process for maintenance works.

Article 8. Adjust the maintenance works 1. During maintenance, the owner or person authorized to adjust the maintenance process when it detects that the unreasonable factors can affect the quality of the work, influence the exploitation, use and take responsibility for his decisions.

The contractor established maintenance process has an obligation to modify, supplement or change these unreasonable content in the process of maintenance if his fault cause and have the right to refuse the request to adjust the unreasonable maintenance process of the owner or the person authorized.

Owner or authorized person has the right to hire contractors to design, supply and installation contractors of other equipment made additional amendments change the maintenance process in case the contractor set up the initial maintenance process not done the job. The contractor performed additional modifications, maintenance works have to be responsible for the quality of his work is done.

The owner or the person authorized is responsible for appraising, approving the content of this adjustment, unless otherwise specified by law.

2. use case specifications maintenance to perform maintenance, when this standard is modified or replaced, the owner or person authorized to responsibly perform maintenance according to the content has been modified.

Article 9. The document serves the maintenance works


1. The documents serve maintenance includes maintenance works, drawings, completed the installation of equipment in the history of works and records, documents and other necessary service for maintenance works.

2. The owner is responsible for handing the documents of maintenance works for the owner or the person authorized prior to handing the work put into exploitation, use.

Chapter III IMPLEMENTATION of MAINTENANCE WORKS in article 10. Planned maintenance works 1. Planned maintenance works are set annually on the basis of approved maintenance procedures and the current state of the process, including the following: a) the name of the work done;

b) duration;

c) implementation modalities;

d) implementation costs.

2. The owner or the person responsible for the authorization and approval of the planned maintenance works to make the base made of maintenance works.

There are many works for the owner, the owner will be responsible for reviewing the agreement, maintenance plans for the joint ownership of works under the provisions of the relevant laws.

3. maintenance plans can be modified and supplemented in the course of implementation. The owner or the person authorized to decide on the amendments, additional maintenance plan.

4. The repair works, the device using State budget funds, depending on the level of charges, the procedure shall be as follows: a) for repair works, the device cost under 500 million, the owner or person authorized to decide about the repair plan with the following content : name of parts of constructions or equipment needs repair, replacement; the reason for repair or replacement, the goal of the repair or replacement; the volume of work; expected costs, the expected duration and completion time;

b) for repair works, the device costs taken from 500 million or more, the owner or person authorized to organize, process evaluation and approval of technical or economic report projects built under the provisions of the law on construction works.

5. for works repairs not using capital from State budget sources, encourage the owner or person authorized to refer, apply the content referred to in paragraph 4 of this Article.

Article 11. Inspection, maintenance, repair works 1. The owner or the person authorized to self-maintenance organizations make the inspection, maintenance and repair of public works maintenance process works if eligible capacity or hire qualified organizations capacity to perform.

2. The inspection can be done regularly or periodically by visually, by regular monitoring, using specialized testing equipment when necessary to evaluate the current state, timely detection of signs of degradation, the damaged works, buildings and equipment technology equipment to serve as a basis for the maintenance of the works.

3. Maintenance works must be specified the steps taken by the Department of public works, types of works and equipment installation in the works.

4. The repair works are performed periodically or irregularly with the following specific content: a) periodic repair works include the repair or replacement of damaged parts of works, buildings and equipment technology equipment being damaged is done periodically in accordance with the maintenance process;

b) unscheduled repair works were done when the Department of public works, public works damaged by the sudden impact-resistant like wind storms, floods, earthquakes, fires and other sudden impacts or when the expression can cause sudden damage affecting safe use o the work or have the possibility of incidents leading up to the disaster.

5. Test results, maintenance, repair works have to be recorded and created the profile to manage and track.

Article 12. Quality control for construction of service maintenance works 1. Quality control for construction of service maintenance works are performed in the following cases: a) the periodic inspection by maintenance works are;

b) when quality works has damaged some parts of the work, the work has manifest degradation in quality, does not guarantee safety for the exploitation, use;

c) when asked to evaluate the quality of the current state of the service for the maintenance process for those works was put to use but don't yet have the maintenance process specified in article 15 of this Decree;

d) When the base is required to determine the extend of use of the construction works for the most longevity design or as the basis for the improvement and upgrading works.

2. Order a quality inspection) the owner or person authorized to select eligible organizations on capacity-building activities, capacity-building practitioners perform quality control of works under the provisions of the law on construction on the basis of auditing requirements outlined in paragraph 1 of this article;

b) auditing organization survey, outline of quality control for the work consistent with the auditing requirements;

c) the owner or person authorized to approve the audit work.

d) audit organizations performing inspection according to the outline, reviews the current state of the quality of the audit subject and propose to overcome.

Article 13. Observation of the work 1. The observation of works was made in the case asked to monitor the working of the process in order to avoid the problem that led to the disaster on people, property, the environment and other cases at the request of the owner, the owner or person authorized to work.

2. The owner or the person authorized to organize monitoring and evaluating monitoring results of works under the provisions of the maintenance works, where there is sufficient capacity then a self made, not enough case capacity then hired qualified organizations capacity to perform.

3. organizations and individuals who made the observation to report monitoring results, assessment monitoring results compared with the parameters stated in the permit process for maintenance works. In case of need, the owner or the authorised person can hire independent organizations to assess monitoring results report.

4. The bodies specified in paragraph 1 to article 26 of this Decree are responsible for regulation of public works, Division of works required to field monitoring during use.

Article 14. Quality management work of maintenance works 1. The owner or the person authorized to supervise the Organization of field monitoring, quality control, construction, repair works, created and managed, keeping records of maintenance works under the provisions of the law on the management of the quality of construction works and the provisions of other relevant laws.

2. The records of maintenance works include the following: a) the documentation maintenance staff referred to in paragraph 1 to article 9 of this Decree;

b) maintenance plan;

c) monitoring results (if any);

d) quality control results;

DD) test results regularly and periodically;

e) results of maintenance and repair works;

g) other related documents.

3. Repair works must be not less than 6 months warranty for the work from the second level back down and not less than 12 months for works from level 1 or above.

Article 15. Perform maintenance works for buildings which are in use but not yet have maintenance works 1. As for the civil level IV, individual housing works and temporary works, the owner or the person authorized to perform maintenance as prescribed in paragraph 4 to article 6 of this Decree.

2. for the remaining works, the owner or the person authorized to perform maintenance organization works according to the following sequence: a) survey, examine and evaluate the quality of the current state of the work;

b) Established maintenance works;

c) repair the damage of the work (if any);

d) perform maintenance works as defined in chapter III of this Decree.

During 2 years from the date of this Decree in force, the owner or the person authorized is held up and approved maintenance works for this process.

3. State Management Agency here responsible for reviewing and regulating the roadmap, specific plan and asked the owner of the work or the person authorized to establish the procedure for the maintenance works are used but no maintenance: a) the agencies specified in item 1 Article 26 of this decree with regard to special supply , level I or works can cause disasters when the problem according to the provisions of the law on the management of the quality of the work;

b) provincial peoples Committee for the grade II.

Article 16. Handle for works out the design lifespan in need continue to use 1. Works out the design lifespan if wishing to continue using the owner or a person authorized to perform the following operations: a) inspect, audit, 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 to use after the implementation of the tasks referred to in point a, point b of this clause for the grade III level IV but not caused the disaster when an issue under the provisions of the law on the management of the quality of construction works, unless the law otherwise;

d) reported test results, test, evaluate the quality of the work, the result of the repair works (if any) for the project from the level II or higher and 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 with the agencies prescribed in item 1 Article 26 of this Decree to be reviewed and approved the limited use of the work.

2. Determining the time limit for the use of works that are based on the technical status, requires the use of specific, the type and level of work.


Article 17. The report, examining the implementation of maintenance works 1. The report made maintenance works owner or person authorized to report annually on the implementation of the maintenance of buildings and the safety of works for the project from the level II or higher and 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 with agency management the country referred to in paragraph 1 to article 26 of this Decree.

2. provincial people's Committee has the responsibility to coordinate with the Ministry of specialization specified in item 1 Article 26 of this Decree organized check compliance with prescribed maintenance work of the owner or a person authorized under the test mode as follows: a) check the probabilities for all the works;

b) periodically check a minimum of 5 years for works from level II or higher and 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 Prime Minister decided to set up the State Council annual safety assessment for nuclear power plant construction, reservoir levels in particular, high-speed rail and other projects at the request of the Prime Minister.

Article 18. Handle for the process of degradation expression of quality, does not guarantee safety for the exploitation, use 1. When works or parts of works have manifest degradation in quality, does not guarantee safety for the exploitation, the use of the owner or a person authorized to perform the following: a) check the process or quality control works;

b) decided to implement safety measures: limiting the use of the work, stop using works, move people and property if necessary to ensure the safe and immediate reports with State administration:-the bodies specified in paragraph 1 to article 26 of this decree with regard to the work of specialized from level II or higher and works when the problem It may cause a disaster under the provisions of the law on the management of the quality of construction works.

-Provincial people's Committee for the remaining works on the area.

c) repaired the damaged risk affecting the safety of use, safe operation of works under the provisions of the law on emergency construction.

2. for condo expression degradation in quality, does not guarantee safety for the exploitation, use in addition to the implementation of the provisions outlined in paragraph 1 of this article, the owner or person authorized to make pursuant to the law on housing.

3. When discovered or get information about a manifest degradation in the quality of the work, does not guarantee safety for the exploitation, using the State management bodies referred to in point b of paragraph 1 of this article are responsible for: a) the Organization checks, notifications, requests and instructions the owner or person authorized to organize survey , quality control, evaluation of dangerous degree, make repairs or demolition works or parts of works, if necessary;

b) decided to adopt the safety measures mentioned in point b of paragraph 1 of this article when the owner or authorized person not to perform the tasks referred to in point a of this paragraph;

c) handle the responsibility of the owner or a person authorized under the provisions of the law when the owner or a person authorized does not perform according to the requirements of State management bodies referred to in points a and b of this paragraph.

4. Every citizen has the right to notify the owner or the person authorized, state management bodies referred to in point b of paragraph 1 of this article or the mass media know when discovered the problem or degradation of the quality of the works or parts of works, does not guarantee safety for the exploitation , used to process in a timely manner.

5. The owner or the person authorized, the State Management Agency when relaying information about the incident or the degradation of public works, Department of public works is responsible for applying the safeguards referred to in point b paragraph 1 of this article, the case is not handled in time, cause damage to persons and property shall be responsible before the law.

Chapter IV the MAINTENANCE PROCESS of article 19. Funding funding works maintenance maintenance works is formed from the following sources: 1. State budget (central budget and local budget) allocated annually;

2. fee revenue using construction works outside the State budget;

3. capital of the owner, the owner for the construction business;

4. contributions and Resources mobilization of the organizations and individuals;

5. other sources of legitimate capital.

Article 20. Responsible for the maintenance costs of the work 1. The following people have the responsibility to pay maintenance costs works: a) the owner or the person authorized, except as prescribed by law;

b) server to use works for the work already put into use;

c) works for many owners, the owners have the responsibility to pay the maintenance costs of their own and pay the cost of maintenance of the property section.

2. The bodies specified in paragraph 1 to article 26 of this Decree and the provincial people's Committee has the responsibility to guide the Division and pay the cost of maintenance of the property section of works referred to in point c of paragraph 1 of this article.

Article 21. Costs, verify and adjust the maintenance works 1. Costs up, verify that the process works a) maintenance costs, the maintenance process assessment process are included in the total cost of construction works.

b) costs up, verify that the process works for maintenance works were put into use but no maintenance is included in the cost of maintenance works.

2. The cost of adjusting works maintenance process is in maintenance costs. The contractor established maintenance process works is responsible for paying costs make adjustments maintenance works in the case of having to make adjustments to this his fault causes.

Article 22. Estimation of maintenance works 1. Estimation of maintenance works (hereinafter referred to as the estimation of maintenance) is determined according to the particular maintenance task and is grounded to the owner or the Manager, use the work authorization owner manage maintenance costs works.

2. Estimation of maintenance are set bases on the basis of the volume of the work identified as planned maintenance and unit cost of building maintenance service works to make the workload.

3. The owner or the person authorized is responsible for the organisation, evaluation and approval of estimation of maintenance as defined in paragraph 1, paragraph 2 Article 22 and Article 23 of this decree with regard to the use of State budget funds to implement.

With regard to the use of other sources of capital, encouraging the owner or person authorized to organize, assess and approve the estimated maintenance costs according to the provisions paragraph 1, paragraph 2 Article 22 and Article 23 of this Decree.

4. The bodies specified in paragraph 1 to article 26 of this Decree and the provincial people's Committee to base building norm-setting methods serve the maintenance works due to The build instructions, Organization building and announced the intention of building maintenance service level for public accordance with peculiarities of the local, and posted on the Ministry of construction to the track, management.

Article 23. Appraisal, approval of estimation of maintenance 1. The owner of the work or the person authorized to approve financing of maintenance after the appraisal or assessment and responsible before the law on approval of results estimation of maintenance other related works. Content evaluation including: a) check the fit between the volume of the estimation with masses;

b) check the logical correctness, of applying, use the unit cost of building maintenance service works, cost the national norms, consultancy costs estimation and estimation of the cost of other items in the estimation of maintenance;

c) determine the value estimation of maintenance.

2. where the owner of the construction works or authorized person not qualified, then the evaluation capacity are allowed to hire a personal organizer, qualified consultancy competence, professional experience to verify the estimation process. The Organization, individual consultancy verify the estimation of maintenance responsibility before the law and the owner of the work or a person authorized on assessment results.

Article 24. Management, billing, settlement maintenance costs works 1. For construction work using State budget funds, the owner or the person authorized is responsible for the management, billing, settlement funding maintenance works under the provisions of the law on the State budget and the provisions of the law.

2. for construction works do not use capital from State budget sources to perform maintenance, the owner or the person authorized is responsible for managing funds perform maintenance and payment, settlement maintenance costs on the basis of agreements with the Organization, individuals perform maintenance works.

Chapter V GOVERNANCE and ACCOUNTABILITY GUIDELINES to PERFORM MAINTENANCE, article 25. Responsible for managing the State of maintenance works in the Ministry of construction is the agency responsible to the Government, unified state management on maintenance works and is responsible for: 1. The Government issued or issued under the authority of the legal texts on maintenance works.

2. Guide on costs for the creation, verification and adjustment of maintenance works; the Guide method of estimating maintenance works and announced the level of maintenance service of construction works.

3. Hosted, in cooperation with the Ministry of Finance shall guide the use of capital beyond budget (if any) for maintenance works.

4. Hosted, in cooperation with other ministries, ministerial-level agencies and the relevant local inspector, checking its compliance with the provisions of the law on maintenance works on the national scope and guide the handling of infringement of the provisions of this Decree in accordance with the law.

Article 26. The responsibility to guide the implementation of the Agency


1. The Ministry responsible for specialized instructions perform maintenance works as follows: a) The Build Guide and perform maintenance works, except for works of historical culture; industrial construction materials and technical infrastructure works municipality; implementation of the regulation in point a, point b, point c and d account 2 this is for civil, industrial and construction materials and technical infrastructure of the town.

b) the Department of transportation guidelines for transportation;

c) Ministry of agriculture and rural development guidelines for irrigation, dikes and other specialized agricultural works;

d) industry guidelines for mine, oil and gas, power plants, electrical transmission lines, transformer stations, chemicals, explosives industry, machine building, metallurgy and other industrial projects, except industrial building materials;

DD) Ministry of defence, the Ministry of public security guidelines for works in the fields of Defense and security;

e) Ministry of information and communication guidelines for telecommunications works;

g) the Ministry of culture, sports and Tourism Guide for historic buildings.

2. The provisions of paragraph 1 of this article are responsible for: a) the rules of the person in charge of maintenance works in accordance with the type of construction, maintenance and capital ownership form works.

b) Organization compiled and issued technical standards on maintenance works subject to the instructions outlined in paragraph 1 of this article; regulations and requirements of public works, Division of works forced monitoring according to the provisions of this Decree;

c) guide the cost contribution for maintenance works; held up, announced the level of maintenance service of construction works, check the perform maintenance works and reviews the safety of works; handle to the process does not guarantee safety for the exploitation, use as specified in this Decree.

d) review, the decision to continue using for works out the design lifespan specified in point d of paragraph 1 Article 15 of this Decree;

DD) dealt with the work has manifest degradation in quality, does not guarantee safety for the exploitation, use as defined in article 17 of this Decree;

e) check the compliance with the provisions of this Decree and handle breach under the provisions of the law.

3. provincial people's Committee has the responsibility to make the content outlined in point a, c, d and DD account point 2 this manual and external capital budget (if any) for the buildings in the area on the basis of the provisions in paragraph 3 article 25 of this Decree.

Chapter VI article 27 ENFORCEMENT TERMS. Effective enforcement of this Decree takes effect on Jan. 20, enforced from 2011 and to annul the regulations on maintenance works in Chapter VII of the Decree No. 209/2004/ND-CP dated 16 December 2004 by the Government on managing the quality of construction works.

Article 28. Implementation 1. The Ministers, heads of ministerial agencies, heads of government agencies, the Chairman of people's Committee of the province, central cities, the heads of the political organization, the social-political organization, social-political organization of the profession, the Chairman of the Board of the economic group , the State Corporation and other organizations and individuals concerned is responsible for the implementation of this Decree.

2. The Ministry of construction, in coordination with the ministries concerned is responsible for implementing this Decree instructions./.