Circular No. 16/2008/tt-Bxd: Guide To Testing, Certification Of Qualified Safety Certificate And Withstand The Consistent Quality Of Construction Works

Original Language Title: Thông tư 16/2008/TT-BXD: Hướng dẫn kiểm tra, chứng nhận đủ điều kiện đảm bảo an toàn chịu lực và chứng nhận sự phù hợp về chất lượng công trình xây dựng

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Check circulars, qualified certificates ensure the safety certificate and withstand the consistent quality of construction work _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ pursuant to Decree No. 17/2008/ND-CP on 04/02/2008 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;
Pursuant to 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;
The building instructions the inspection, certification of qualified safety certificate and withstand the suitability of quality construction works as follows: i. GENERAL PROVISIONS 1. Scope and object applied to this circular guides the examination, certification of qualified safety certificate and withstand the consistent quality of construction work prescribed in clause 8 article 1 of Decree No. 49/2008/ND-CP dated 18/4/2008 by Government amendments supplement some articles of Decree No. 209/2004/ND-CP on December 16, 2004 by the Government on managing the quality of construction works.
This circular applies to organizations, individuals active in relevant certificate of qualified safety certificate and withstand the consistent quality of construction works on the territory of Vietnam.
2. Explanation of terms In this circular, the following words are interpreted as follows: a) certified eligible safety bearing is to check, confirm the survey, design and construction comply with the provisions of the law on the management of the quality meet the requirements to ensure the safety of the work or category of the work ahead When put into use.
b) certificate of conformity of the quality of construction works is the assessment, validation, or work items, the Department of buildings was designed, the construction in accordance with standards, technical standards and technical requirements applicable to the works.
3. Works required to be certified eligible to make sure safe bearing before putting into use the works or construction work items when a malfunction due to loss of bearing can cause disaster for people, property and the environment are required to be certified eligible to make sure safe bearing included : a) public gathering from level III: Theater, cinema, nightclub, the station, Hall, sports arena, Stadium, commercial centre, supermarket, library, Museum and other public works have similar functionality and scale. Private hospitals, daycare, preschools, schools have the scale from 2 floors and has a total floor area from 300m2 upwards.
b) condominium, hotel, House work and broadcasting and telecommunications towers, radio, broadcasting from level II or above.
c) oil depot, depots, gas storage, storage of chemicals from level II or above.
d) dams, bridges, tunnel traffic from level II; on the high rail, tramway to transport people without distinction.
4. The work is certified fit for the quality of the work or category of buildings, irrespective of the type and level of certification of conformity of quality upon request of the State Agency of the local building or as proposed by the owner or owners on the basis of the requirements of the insurance organization works , of the Organization and the individual purchase, management or use of the work (the party requesting a certificate). The object of certification could be the new constructions or buildings were put to use.
II. CERTIFICATION Of QUALIFIED SAFETY BEARING 1. The choice of implementation certified qualified security bearing the owner of the construction works specified in paragraph 3 of section I of this circular are responsible for selecting the organization performs the check, confirm eligibility ensure safety (abbreviated to inspect). The chosen test organization is consulting organization has the function of a practice in the areas of building design, supervision of construction or quality control of construction works conform with certified process, satisfying the following requirements: a) capacity conditions requirements :-there are enough engineers, technical staff as defined in the majors match the content of the test referred to in item 2 of this Section, corresponding to the scale be certified;
-Personally chaired the inspection, verification of eligibility ensure safe bearing capacity must be chaired the design structures consistent with the type and level of works is certified;
-No offense in building activity in 3 years.
b) requirements ensure independence, objectivity in the qualified certificate bearing safety:-do not participate in the survey, design, supply, construction and materials-equipment, project management and construction supervision for the construction of works or projects are certified;
-Independent of the Organization, not the same in an agency with the investor, with the contractor to survey, design, construction supervision, construction and project management of work or categories of works to be certified; no shares or equity on 50% of each other for the owner and no shares or share over 30% of each other for the contractor to survey, design, construction supervision, construction and project management advice.
No case choose hosted test meet the conditions mentioned above, the owner must inform the State administration of building locally to be introduced advisory organizations perform this work.
2. The order and content of the test qualified safety inspection organization bearing responsibility to establish the outline check survey, design and construction of construction process of client agreement. The inspection confirmed eligible safety bearing can be conducted from the beginning of the construction works or projects are certified. Test subjects focusing on the Department of public works, bearing structures when vandalism can cause disaster.
a) check survey, design:-check the compliance with the provisions of the law on the conditions of competence of the Organization, the individual performing the survey, design, design verification and the application of standards, technical regulation;
-Check the order and procedure for collecting survey results report; the order of evaluation, approval and profile building construction design;
-Check the reported survey results of building, engineering design (design step 3 case) or construction drawing design (2-step design case, 1 step); reviews of the level of response of these materials with the requirements of the technical standards and the standards used to ensure the safety of bearing constructions.
During the inspection, if there is doubt about the survey results, calculation results bearing structure organizations check the recommended owner and contractor survey, designed to clarify. Where necessary, the organization test can suggest Gospel organization owner census survey results build, check the bearing capacity of the structure.
b) check out the work of construction works-check the compliance with the provisions of the law on conditions of capacity and quality management system of the construction contractors, contractor, project management and supervision of construction works; test lab capacity and capability of the auditing organization concerned;
-Check the compliance with the provisions of the law for the prevention and monitoring of building quality;
-Quality control of the construction through the quality management documentation of works or projects are certified; reviews of the level of response of these materials with the requirements of the design in order to ensure the safety of the work;
-Check the monitoring data and external expression of texture is related to the use of works.
In the process of checking if the detected elements can affect the ability of the Organization of work recommended checks the owner and the contractor explain clarify. The case required the organization test may suggest investors held quality control for monitoring, testing or confronting.
c) After every inspection, the test organization must have timely notification text about the test results sent to investors and other stakeholders.
3. Certificate of eligibility a bearing ensure safety) within 15 days from when the owner gathered enough records, documenting the completion of works, projects are certified; inspect the certification of eligibility ensure safety regulations form bearing in the Appendix of this circular if the test results meet the following conditions:-surveying, design and construction works in compliance with the provisions of the law on the management of the quality meet the requirements to ensure the safety of the works.
-The monitoring data and external expression of the structure reflects the normal working of the structure;
-The results of the welfare check, check (if available) to ensure adequate structural bearing capacity.
The owner is responsible for sending 1 this certificate attached to report test results qualify bearing safety and testing completed works or projects are certified for State Administration about building locally to test and management. This certificate is for the owner to put the work into use.
b) case does qualify for the certification examination organization responsible for notification in writing to the owner about his decision, which stated the reason not to grant the certificate. The owner has the responsibility to report it to state regulators about the local construction know to check and handle.
III. CERTIFICATE Of CONFORMITY Of The QUALITY Of CONSTRUCTION WORKS

1. to request the certificate of conformity of quality construction works a) derived from the interests of the community, the State administration of building in the locality may require investors to make the certificate of conformity of the quality of construction works.
The insurance organization works; the Organization, the individual purchase, manage or use the work derived from his benefits might suggest the investor or owner (for the work already put into use) carry the certificate of conformity of quality works.
b) parties have requested accreditation to the scope and content of the certificate of conformity of quality. For the case of the certificate of conformity of quality are required by the State administration of building locally, the scope and content of the certificate is required to be made. For the case of the certificate of conformity of the quality required by the Organization, the other individual, the scope and content of the certificate by the owner or the owner and the party requesting a certified agreement.
c) certification scope may be the fit for quality design, conformity of the quality of construction or the conformity of the quality of the works, projects or construction parts compared to the standard rules, technical standards and technical requirements applicable to the works. The certification content can be one, some or all of the criteria of safety, operational safety; the quality of finishing parts, electrical ...
2. Choose organization made the certificate of conformity of quality construction works require certification of agreement with the owner or the owner of the selection and contracting of the organization performing the inspection, the certificate of conformity of quality (certification organization). Private case the conformity certificate of quality by the State governing body of the local building requirements, then the owner is responsible for the selection, signed with the certification organization.
The chosen certification organization is consulting organization has the function of a practice in the areas of building design, construction supervision, quality control of construction works or certificate of conformity of the quality of construction works, meet the following requirements: a) capacity conditions requirements :-ensure eligible under the provisions of the law is consistent with the type, level of works is certified and certified content;
-No offense in building activity in 3 years.
b) ask about the independence, objectivity in the implementation of the certificate of conformity of quality:-do not participate in the survey, design, supply, construction and materials-equipment, project management and construction supervision for the construction works, a category works or parts of works to be certified;
-Independent of the Organization, not the same in an agency with the owner, the contractor survey, design, construction supervision, construction and project management of major projects, works or parts of works to be certified; no shares or equity on 50% of each other for the owner and no shares or share over 30% of each other for the contractor to survey, design, construction supervision, construction and project management advice.
3. The sequence, content checking of conformity of quality for new construction certification organizations are responsible for establishing the outline made the inspection, assessment of conformity of quality corresponds with the scope and content of the certificate to the owner or owners of the agreement. Scope of the test focuses on works, categories of works or parts of works to be certified. Test content must match the content of the certificate. The inspection may be conducted from the beginning of the construction works, categories of works or parts of works to be certified.
a) check the conformity of the quality design:-check the compliance with the provisions of the law on the conditions of competence of the Organization, the individual performing the survey, design, design verification; compliance with the order and procedure for collecting survey results report; the evaluation, approval and profile building construction design;
-Examine, assess 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) compared with the task of designing and comparison with standards, technical standards are applied to the process.
During the inspection, if there is doubt about the survey results and the quality of the design, certification organizations suggest the owner and the contractor concerned for clarification. Where necessary, the certification organization can perform check survey results, check the design of the buildings, a category works or parts of works to be certified.
b) check the conformity of the quality of building construction:-check the compliance with the provisions of the law on conditions of capacity and quality management system of the construction contractors, contractor, project management, supervision of construction works; test lab capacity and capability of the auditing organization concerned; check the compliance with the provisions of the law in construction supervision and construction;
-Check the probability of quality of materials, equipment, components used to build works through the examination of origin of goods, quality certificates and the results of experiments, quality control are concerned;
-Check the probability of quality construction;
-Saw operators try works, categories of works or parts of works to be certified. Check the fit of the record trials compared with the requirements of the design.
In the screening process if it detects the elements does not guarantee the suitability of quality certification organizations may offer to the owner or the owner and the contractor explain clarify. The case required the certification organization can perform inspection; the experiment, observation for testifying.
c) check the conformity of the quality of the works, projects or parts of construction works: perform both the content specified in point a and b of this Paragraph.
d) After each inspection, the certification organization must have timely notification text about the test results sent to investors and other stakeholders.
4. Order contents check the conformity of the quality for the works were put into use certified organizations have a responsibility to set the outline of the test and evaluation of conformity of quality to the owner or owners of the agreement. The test scope to focus on public works projects, or parts of buildings to be certified. Test content must match the content of the certification was agreed. Test content can include checking the quality of design, quality of construction through the records, documents and complete the work. Where necessary, the certification organization can perform a quality evaluation, auditing works through experiments, observations.
5. the certificate of conformity of quality construction works a certification organization) certificate of conformity of quality if the quality of works, projects or parts of construction works through checking conformity with the requirements of the design, technical standards and technical standards applicable to the works. The certificate includes the following:-name of organization;
-The implementation of the certificate of conformity of quality;
-The name of the work, the categories of works or parts of works certified conformance to quality;
-The scope and content of the certificate;
-The conclusion of conformity of quality;
-The signature and seal of the legal representative of the organization.
The case of the certification is done at the request of the State administration of building locally, the client is responsible for sending the enclosed certificate 1st report results check the conformity of the quality for the Agency to examine and manage. The certificate is the base to put the work into the harness, use.
The case of the certification is done at the request of the Organization, the other individual investor or owner submit 1 certificate to the certification requirements as the basis to make the next agreement.
b) case is not eligible to be issued a certificate of conformity of quality, certified organizations have a responsibility to inform in writing which stated the reason not to grant a certificate to the owner or the owner and the party requesting a certificate to know and handle.
IV. ELIGIBLE CERTIFICATION COSTS That ENSURE SAFETY And CERTIFIABLE BEARING The CONFORMITY Of The QUALITY Of CONSTRUCTION WORKS 1. The cost of the certificate of eligibility ensure safety certification costs bearing eligible bearing safety due to the owner for organisations pay check from the expenses of construction investment in total investment construction. This cost is determined by estimating under the provisions of the Decree 99/2007/ND-CP dated 13/6/2007 on the management of government investment construction (Decree 99/2007/ND-CP) and other legal texts concerned.
2. The cost of the certificate of conformity of quality construction works a) case of the certificate of conformity of quality are required by the State administration of building in local costs certified by the owner and is taken from the cost of construction investment in total investment construction. This cost is determined by estimating under the provisions of the Decree 99/2007/ND-CP and the other legal texts concerned.

b) where the certificate of conformity of the quality required by the Organization, the other individual funds paid for this job because the parties have required certification and the owner or owners of the agreement. This cost can be determined by estimating under the provisions of the Decree 99/2007/ND-CP and the other legal texts concerned.
V. RIGHTS And OBLIGATIONS Of Organizations And INDIVIDUALS ACTIVE In The CERTIFICATION Of QUALIFIED SAFETY CERTIFICATE And WITHSTAND The SUITABILITY Of QUALITY CONSTRUCTION WORKS 1. Rights and obligations of the owner, the owner of a) the owner, the owner has the following rights:-complaints about the test results, the certificate; other consultation organizations hire have proper capacity assessment or blesses the matter complaint;
-Other rights under the contract have pledged to inspect, and certification organization under the provisions of the law.
b) Investor, owners have the following obligations:-perform eligibility certification ensures safe bearing if works or construction items subject to the provisions of this circular; implementation of the certificate of conformity of quality construction works when State regulators about local building requirements;
-Provide the records, documents, the relevant certificate for inspection organizations, certification organizations;
-Payment of costs for certification testing, certification organization under a contract signed even when not being certified by the quality of the work does not meet the requirements set out under the regulations;
-Compensation for damage pursuant to the laws and as agreed in the contract with the parties concerned;
-Other obligations under a contract of engagement with relevant parties.
2. Rights and obligations of the organization check, a certification organization) organize inspection, certification organization has the following powers:-owner and request the contractor to provide the necessary documents for the inspection and certification activities;
-Refuse to grant a certificate of eligibility ensure safe bearing if the test results do not meet the conditions specified in paragraph 3 of section II of this circular; refuse to grant a certificate of conformity of quality if the quality of the work inconsistent with the standard rules, technical standards and technical requirements;
-Other rights under the contract of commitment with the owner and in accordance with the law.
b) inspecting, certification organization has the following obligations:-ensure the integrity, objectivity in the inspection and certification process;
-Responsible to the owner or owners, the parties involved and before the law about the test results and certification;
-Compensation for damage pursuant to the laws and as agreed in the contract with the relevant parties in the event of false certification with quality status.
VI. IMPLEMENTATION 1. The Ministry of construction is responsible for: a unified state management) on the certification of qualified safety certificate and withstand the consistent quality of construction works.
b) Guide, examine the implementation of this circular within the country.
c) synthesis and posting information about the condition of the capacity of the Organization to check the certification organization, in accordance with decision No. 02/2008/QÐ-BXD dated 20/02/2008 Minister's Ministry of construction issued regulations about the information management of capacity building activities in institutions through electronic information page of the Ministry of construction.
Department of State inspection on quality of construction works – the Ministry of construction is clue help make the work mentioned above.
2. the people's committees of the province, central cities are responsible for: a) the instructions and check the implementation of qualified certificates bearing safety and certification of conformity of the quality of construction works within its administrative boundaries.
b) to receive and manage the certificate by the owner, offers information about the condition of the capacity of the Organization to check the certification organizations, to The General construction, post.
c) annual synthesis of the implementation of this circular and reports the Ministry of construction.
Department of construction is clue to help the province people's Committee, the central cities to perform the above tasks.
3. The works have made the certification of conformity of the quality of construction works under the provisions of the circular 11/2005/TT-BXD dated 14/7/2005 of the Ministry of construction "instructions check and certificate of conformity of quality construction works" (abbreviated as circular 11/2005/TT-BXD) before the date of this circular effect continued to be made in accordance by circular 11/2005/TT-BXD.
4. The Works Council of the State trials of the construction inspecting or testing at the request of the Prime Minister is not certification eligible to ensure safety.
5. in the case of works, projects have been certified fit for quality which has the content-bearing safety certification meet specified in section II of this circular shall not perform the certification of eligibility ensure safety.
6. The ministries, ministerial agencies, government agencies; The people's Committee, the central cities; the Organization, the individual concerned has the responsibility under the provisions of this circular. In the process if there are obstacles to suggest reflection on The construction of research to resolve.
7. This circular replaces circular 11/2005/TT-BXD DATED and have effect after 15 days from the Post Gazette.