CIRCULAR detailed rules about conditions in the capacity-building activities pursuant to the law building on November 26, 2003;
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. 12/2005/ND-CP on January 24, 2005 by the Government on planned construction;
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 of the Government revising, 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. 12/2009/ND-CP dated February 12, 2009 on the management of government investment project construction, The construction of detailed rules on conditions of capacity building activities as follows: chapter I GENERAL PROVISIONS article 1. Scope and objects 1. Scope: this circular detailing the condition of capacity building activities of the Organization, the individual provisions in Decree No. 12/2009/ND-CP dated February 12, 2009 on the management of government investment project construction works (hereinafter abbreviated as Decree 12/CP); Decree No. 8/2005/ND-CP on January 24, 2005 by the Government on building planning (hereinafter abbreviated as Decree 8/CP); Decree No. 209/2004/ND-CP on December 16, 2004 by the Government on managing the quality of construction works; (hereinafter abbreviated as the Decree 209/CP); 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 on December 16, 2004 by the Government on managing the quality of construction works (hereinafter abbreviated to Decree 49/CP).
2. Objects: this circular apply to organizations and individuals in the country and abroad participate in building activity in Vietnam.
Article 2. The Organization's capacity in the conditions when the join operation of building 1. Participating organizations building activity must be qualified with the appropriate capacity; the type, level and the work done by the Organization undertakes.
2. The capacity of the organization when directly involved in construction activities are classified into grades 1 and 2 class is based on the following criteria: a) the capacity of the individual practitioners within the Organization;
b) experience building activities through capacity management and results of the work already done by the Organization;
c) financial capacity, workforce, construction equipment, food of the organization or organization hired to perform according to the requirements of the job or the package.
The class held when action is to build organizations that identify capacity class match the requirements of the package or type of work when done; as grounds for the competent authorities to check compliance with the rules of eligibility the capacity building activities of the related subject that is not grounds for rated Enterprise construction activities.
3. The investor base on the scale, the nature of package or the specific job types to choose the Organization, individuals are eligible matching capacity requirement or task.
Article 3. The condition of an individual's ability to practice building activities 1. Individuals involved in construction activities must have the qualifications, certificates match the work assumed by the legal institutions of Vietnam or abroad.
2. Individual titles as prescribed in paragraph 4 to article 36 Decree 12/CP must satisfy the conditions prescribed in chapter IV of Decree No. 12/CP. Private individuals assumed the title Chairman of the plan design, chaired the specialized design construction plan must satisfy the conditions prescribed in article 48 , 49 of Decree 8/CP. The title Chairman, chaired the design construction plan; Chairman, presiding over the building design; Chairman of the construction survey by consulting organization heads appointed pursuant to the conditions and criteria set forth in the Decree of 12/CP, Decree 8/CP, capacity management of that individual and the scale, the nature of the work.
3. Individuals who join the project manager must have professional certification of project management of construction works as specified, except for the people who do the work and the work of serving.
Chapter II CONDITIONS the CAPACITY of ORGANIZATIONS and individuals ACTIVE in the CONSTRUCTION of article 4. The field capacity conditions requirements 1. The required fields on the condition that the capacity building activity specified in paragraph 2 to article 36 Decree 12/CP. 2. Organizations and individuals when it participated in the areas of: quality control of construction works; the certificate of eligibility ensure safe construction and bearing the certificate of conformity of the quality of construction works; the construction work, projects or works have special requirements must meet the conditions of competence as defined in the Decree of 12/CP and the provisions in articles 5, 6, 7, 8, 9 of this circular.
3. Organizations and individuals participating in the operation to build the fields below must meet the condition of capacity according to the following rules: a) design construction plan under the provisions of Decree 8/CP. b) Established the project construction works; project management of construction works; construction design; construction survey; supervision of construction works; the construction works under the provisions of Decree No. 12/CP. c) construction methods as prescribed in the regulations and operational management specialized laboratory construction issued decision No. 11/2008/QD-BXD dated 1/7/2008 of the Minister of construction.
d) certified eligible to secure bearing constructions in accordance with 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. The Organization's capacity in the conditions when performing quality control for buildings 1. The capacity of the Organization in carrying out quality control of construction works are divided into two grades as follows: class a):-at least 10 people as engineers have qualifications match the requirements of the quality control building, in which the person chairing the Division must have qualified capacity as presiding class design match the work assumed;
-Has built specialized laboratory is competent State agencies to recognize and have sufficient appropriate equipment with each type of inspection quality construction;
-Have implemented quality control for the construction of at least 1 grade or level I or level II work 2 of the same type.
2 Class b):-at least 5 people as engineers have qualifications match the requirements of the quality control building, in which the person chairing the Division must have qualified capacity as presiding class design fits with the work assumed;
-Has built specialized laboratory is competent State agencies to recognize and have sufficient appropriate equipment with each type of inspection of the quality of construction works;
-Have implemented quality control for the construction of at least 1 grade II or grade III 2 or 5 grade IV of the same type.
2. scope of activities: a) the # 1: made of quality inspection of construction works for the particular supply, level I, level II, level III and level IV of the same kind;
2 Class b): made of quality control for the construction works for level II, level III and level IV of the same kind;
c) Organization for quality control of construction works not yet eligible to be rated is quality control of construction works for grade IV.
Article 6. The Organization's capacity in the conditions when performing certificate of conformity of quality construction works 1. The capacity of the Organization to implement the certificate of conformity of quality construction works are divided into two grades as follows: a) 1: Class-management systems and operational capacity to meet the current rules for the certification of conformity organization quality.
-At least 10 people as qualified engineer suited the job guarantee, have at least 5 years experience in the design, implementation or monitoring of the content match job certification.
-Made certificate of conformity of quality construction works at least 1 grade or level I or level II work 2 of the same type.
2nd class:-b) has a system of management and operational capacity to meet the current rules for the certification of conformity organization quality.
-At least 5 people are qualified engineers fit the job guarantee has at least 3 years experience in the design, implementation or monitoring of the content match job certification.
-Made certificate of conformity of quality construction works at least 1 grade II or grade III 2 or 5 grade IV of the same type.
2. scope of activities: a) the # 1: made the certificate of conformity of the quality of construction works for the particular supply, level I, level II, level III and level IV of the same kind;
2 Class b): made the certificate of conformity of quality construction works for level II, level III and level IV of the same kind;
c) for organizations not eligible for ranking then made the certificate of conformity of quality construction works for grade IV of the same type.
Article 7. Work, projects or works have special requirements of work, projects or construction works have special requirements prescribed in this circular are: work, projects or construction works are complex engineering problems easily cause loss of safety in construction , requires the execution is due to qualified organizations the capability to ensure quality; safe for people, works and works.
The work, projects, construction work has special requirements include: 1. The work: a) handle the Foundation pile by barret and bored piles for the types of construction works;

b) dismantling buildings with a height of 10 metres or more;
c) install the device Super, super important.
2. The categories of works: a) the basement of buildings: tall buildings, underground car parking, the other works category;
b) Smash with a height of over 25 metres: including concrete, soil, rock dam of irrigation, hydropower;
c) tanks, reservoirs, gas pipelines, oil, gas.
3. The works: a) 20 floors high from buildings or works with Aperture from 36 metres or more;
b) works in the form of the Tower has a height of 50 metres or more;
c) works with the main span length from 100 metres or more, the bridge arches height from 50 metres or over, whose height from 30 metres or more;
d) implicit works: as the basement of the types of process mining, hydropower, transportation and other work types;
DD) works on the sea: as the sea, Jetty works works on sea drilling rigs, pipelines, and gas at sea and the type of other work at sea.
Article 8. Conditions of the capacity of the Organization in carrying out the work, construction projects, construction work has special requirements, individual institutions when construction work, projects or construction works have special requirements referred to in article 7 of this circular must meet the conditions of competence as defined in the Decree of 12/CP and dynamic conditions the following forces: 1. the Commander of the school or the person in charge of organization's engineering contractor to the University level in the appropriate disciplines, time has constantly participated in the construction of a minimum of 7 years and has participated in executing at least one work, projects or construction works have special requests of the same type have the same scale or lower level adjacent tissue.
2. The technical staff of the contracting organisation working in the work must have a university degree or college majoring in fit, there are constant time involved the construction of a minimum of 2 years qualified for the University, four years to the college level.
3. The technical workers directly to construction work, projects or construction works have special requirements must have appropriate vocational training certificate. Particularly for workers who operate the controls of machines, the main construction equipment have strict requirements on safety, they must have time to experience at least 1 year.
4. Machinery, equipment primarily to construction work, projects or construction works have special requirements must be calibrated according to the regulations, meet the technical requirements of work and safe operation.
5. The contractor participated in executing at least one work, projects or construction works have special requirements of the same kind have lower levels of adjacent.
6. Depending on the workload, scale, organizing contractor doing work, projects, construction work has special requirements must have sufficient force technical staff, technical workers and machinery, equipment ensure capacity conditions consistent with each job , projects, construction work under the provisions of this circular. Contractors can hire sub-contractors to ensure sufficient capacity conditions as required in paragraph 1, 2, 3, 4 this.
Article 9. The special process required when executing must have appropriate professional specialization in accordance with the provisions of article 8 of this circular was to understand is that professionals who have the title Commander of the school, the people in charge of engineering, technical staff are trained in accordance with the work , a category works or construction works have special requirements as specified in this circular, in particular with regard to: 1. the disposal of the Foundation pile by barret or bored piles: the specialized requirements of building or geology works.
2. Work dismantling works: construction requirements.
3. Work equipment, weight: specialized mechanical requirements, air.
4. basement construction works: construction requirements.
5. Construction of the dam: required specialization construction of irrigation, hydropower.
6. Construction of tanks, reservoirs, gas pipelines, oil and gas: the specialized requirements of building or engineering majors.
7. Civil, industry: the specialized requirements of civil and industrial construction.
8. Tower form works: requires specialized in construction, mechanics or air.
9. Works: ask civil engineering majors.
10. underground buildings: require specialized building infrastructure, mines and underground works or tunnel bridge construction.
11. Works on the sea: the specialized requirements of marine construction.
Chapter III IMPLEMENTATION article 10. The responsibility of the owner organization Agency construction planning and investor of the project construction is responsible for: 1. The choice of the Organization, the individual is eligible to perform capacity planning construction projects or perform the work, projects construction works under the provisions of Decree 8/CP, Decree 12/CP and the provisions of this circular and responsible before the law about the selection of the Organization, the individual does not qualify the capacity to perform the work does not guarantee the quality or the crash cause damage to people and property.
2. Must regularly monitor, pause, or suspend work until the Organization, individuals meet conditions under the contract has been signed, according to the provisions of Decree 8/CP, Decree 12/CP and the provisions of this circular.
3. Other responsibilities prescribed by law.
Article 11. The responsibility of the individual organization when the Organization building activities, construction activities when individuals have the responsibility: 1. To only be getting done up the construction plan or the work, projects or construction works when there are eligible under the regulation.
2. Compliance with standards, technical standards, approved design; self monitoring organizations ensure product quality, according to the current rules.
3. Responsible to the owner and the law about when planning design build or when performing work, projects or construction works are not eligible under the regulation.
4. Before implementing the work, projects or construction works require special construction measures must be approved according to regulation and has the management approach, limited risks, precautions.
5. Provide information on construction activities of the business on the information page about the business of building Sets at the following address: http://doanhnghiep.xaydung.gov.vn 6. Other responsibilities as prescribed by law.
Article 12. The responsibility of the relevant agencies 1. The Ministry of construction is responsible for: a) Guide, examine the implementation of this circular.
b) examined, processed under the authority or the request processing for organizations, individuals when construction activities violating regulations on conditions of capacity on the nationwide.
2. The ministries, provincial people's Committee has the responsibility: a) Guide, examine the implementation of this circular for organizations, individuals in the administration.
b) provincial peoples Committee directed the relevant authorities inspect, handle individual institutions when construction activities violating regulations on conditions of local capacity.
3. The facility construction is responsible for: a) the Organization checks the condition of the capacity of the Organization, the individual when construction activities on the area under the provisions of Decree 8/CP, Decree 12/CP and the provisions of this circular.
b) pause or suspension of execution, processed under the authority or the authorized report processing when construction activity organization violates the provisions of the law on construction and of this circular.
c) provides information about the business of building and operating the Organization, individuals have in building activity on the http://doanhnghiep.xaydung.gov.vn information Page of the Ministry of construction.
Article 13. Terms of implementation 1. This circular has effect from January 20, 2009.
2. Individuals participating in project management provided for in paragraph 3 of article 3 of this circular since 01/01/2010 must have professional certification of project management of construction works as specified.
3. Annul the decision 2008/QÐ-BXD dated 25/6/2008 construction Minister's regulation capacity condition of the contractor when construction work, projects or construction works have special requirements.
4. The ministries, ministerial agencies, government agencies; The people's Committee, the central cities; organizations and individuals involved in building and operating the Organization, individuals are responsible for implementation of the provisions of this circular. In the process if there are obstacles to suggest reflection on The construction of research to resolve.