Circular 10/2013/tt-Bxd: Detailing Some Of The Content On Quality Management Of Construction Works

Original Language Title: Thông tư 10/2013/TT-BXD: Quy định chi tiết một số nội dung về quản lý chất lượng công trình xây dựng

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CIRCULAR detailing some of the content on the management quality of construction work _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ pursuant to Decree No. 62/2013/NĐ-CP on 25/6/2013 of the Government functions, tasks, powers and organizational structure of the Ministry of construction;
Pursuant to Decree No. 15/2013/ND-CP of the Government on the 06/02/2013 of quality management of construction works (hereinafter abbreviated as Decree No. 15/2013/ND-CP);
Pursuant to Decree No. 12/2009/ND-CP of the Government 12/02/2009 about the project management of construction works; Decree No. 83/2009/ND-CP of the Government on the 15/10/2009 amendment, addition of a number of articles of Decree No. 12/2009/ND-CP on December 2, 2009 on the management of government investment project construction;
Pursuant to Decree No. 108/2009/ND-CP of the Government 27/11/2009 on investment in the form of construction contract-business-transfer, build-transfer-business, build-transfer (hereafter abbreviated as Decree No. 108/2009/ND-CP); Decree 24/2011/ND-CP of the Government on 05/04/2011 to modify some articles of Decree No. 108/2009/ND-CP on November 27, 2009 on investment in the form of construction contract-business-transfer, build-transfer-business, build-transfer (hereafter abbreviated as Decree No. 24/2010/ND-CP);
Pursuant to decision No. 71/2009/QD-TTg of the Prime 09/11/2010 date of issuing investment pilot regulation in the form of public-private partnerships;
Proposal of the Director General of the State inspection of the quality of construction works;
Minister of Ministry of construction issued a circular detailing some of the content on quality management of construction works, chapter I GENERAL PROVISIONS article 1. Scope and objects 1. Adjustable range: a) this circular detailing some of the content of quality management of construction works under the provisions of Decree No. 15/2013/ND-CP, applies to the categories of works to be constructed by all investment sources of capital;
b) content about the appraisal, assessment and approval of construction design, construction quality management of individual housing and some other related content are stipulated in the circular of the Ministry of construction.
2. The object of applying organizations, individuals in and outside the country are related to quality management of construction works on the territory of Vietnam.
Article 2. Responsibilities in quality management of construction works between investors with project management or project management advice 1. The owner is responsible for governing the quality of construction works from survey, design to construction and maintenance, works, including: a) the selection of qualified contractors to implement capacity building activities; approved subcontractors involved construction activities by main contractors or general contractor proposed under the provisions of the contract;
b) quality management, building survey and design of construction according to the provisions of article 13, article 17 and article 21 Decree 15/2013/ND-CP and the other related provisions of this circular;
c) quality control of the construction works under the provisions of article 24 of Decree 15/2013/ND-CP and the other related provisions of this circular;
d) held construction company as defined in article 31 of Decree 15/2013/ND-CP and the other related provisions of this circular;
DD) Organization warranty construction works under the provisions of chapter V of Decree 15/2013/ND-CP;
e works records), as defined in article 28 of this circular;
g) resolve the issue under the provisions of Chapter VI of Decree 15/2013/ND-CP and the other related provisions of this circular;
h) implemented the requirements of the State administration of building in accordance with the law in the process of construction works.
 
2. the legal representative of the owner may authorize the Board of management of the project (in the case of direct project management) or project management advice (in the case of hired project management consulting) implement one or more of the content referred to in Paragraph 1 of this article , except the following: approval of the task of building construction design, construction design approval process as the basis of bidding for selection of construction contractor works, approved the bidding results and selection of contractors, testing or approval testing results completed projects , construction work put to use.
3. in case the owner authorization for project management, the owner is responsible for the direction, check and take responsibility for the results of the management of the project. Project Management Board responsible to the owner and the law according to the tasks and powers are delegated owner.
4. where the owner hires management consulting projects, owner's authorisation for consulting project management must be clearly specified in the contract. The owner is responsible for checking, the urge, track the implementation of contracts project management consultant. Project management consultant responsible to the owner and the law on the implementation of the commitments in the agreement.
5. in case of self made design, construction works, the investor established a quality management Department works independently of the design, the construction works to manage the quality of works under the provisions of this Article.
Article 3. Responsibilities in quality management of construction works in the case of application forms designed general contractor-provided equipment and construction works (EPC); General contractor contract for design and construction of works (EC) 1. The investor does not directly manage the comprehensive quality works, but must perform the following tasks: a) Established the mission design;
b) general contractor selection and check the condition of the capacity of the general contractor in the process compared to the tender; assign subcontractors in situations allowed by the provisions of the law of contract in construction activities;
c) check the capacity and conditions sub-contractors approved by general contractor proposed under the provisions of the contract;
d) checked and approved construction design due to the general contractor;
DD) approved the progress of the construction works;
e) examine, approve the materials, construction products and production equipment mainly uses in the works;
g) witnessed the trials or directly involved in testing some construction work, due to the important construction phase general contractor and the sub-contractors carry;
h) trials completed projects, building construction to put into use;
I) make or request the contractor to perform the requirements of the State administration of building in accordance with the law in the process of construction works.
2. General contractor is responsible for governing the quality of his work done and the work performed by subcontractors, including: a) set up and propose to the owner of process quality control for the whole of the work by the general contractor and sub-contractors;
b) quality control of survey, design, construction and construction by themselves made under the provisions of Decree No. 15/2013/ND-CP and the relevant circulars;
c) selected sub-contractor meets the conditions prescribed capacity;
d) monitor, for the work undertaken by the sub-contractor;
DD) general contractor responsible to the investors about the quality of the work performed by subcontractors.

Article 4. Responsibilities in quality management of construction works in the case of application of the general contractor constructing the building construction (General contractor); General contractor contract design and provide equipment technology (General contractor EP); General contractor contract provides technology equipment and construction works (General contractor PC).
1. The owner is responsible for: a) governing the quality of construction as defined in article 2 paragraph 1 of this circular for the work by the general contractor and the main contractor directly;
b) test and approve the subcontractors proposed by the contractor pursuant to the contract; assign subcontractors in situations allowed by the provisions of the law of contract in construction activities; witness the trials or directly involved in testing some of the construction work by subcontractors perform as required.
2. General contractor is responsible for: a) made the responsibility of the contractor on quality management of construction works under the provisions of Decree No. 15/2013/ND-CP and other legal documents relevant for the work done by themselves;
b) selected sub-contractor meets the conditions prescribed capacity; implementation of monitoring, testing for the work done by subcontractors;
General contractor responsible to the owner and before the law on the quality of the construction work done by subcontractors.
3. Sub-contractors carry the responsibility of the contractor on the construction quality management according to the provisions in the Decree 15/2013/ND-CP and other legal documents relevant for the work done by themselves in accordance with the construction contract.
Article 5. Responsibilities in quality management of construction works in the case of application of the investment in the form of construction contract-business-transfer (BOT), build-transfer-business (BTO), build-transfer (BT), a public private partnership (PPP) 1. Project business responsibly: a) the choice of consultant, shops of goods, construction and other contractors to carry out the project in accordance with the law on tenders.
Results of selection contractor must send notification to the competent State agencies signed the BOT, BTO, BT, PPP within 15 working days from the date a decision is the choice of the contractor;
b) Established technical design on the basis of the feasibility study report and project contract, send the State Agency has the authority to sign contracts of BOT, BTO, BT, the PPP to oversee, check;
c) Self management, monitoring or hired independent consultants to organization management, construction supervision, collecting items and entire works as designed was the agreement consistent with the provisions of the law on construction and agreement in the contract of the project;
d) made the entire quality management responsibility of the investor according to the content of the provisions of article 2 of this circular;
DD) technology transfer, training, warranty, maintenance works in accordance with the requirements of the project and the contract under the provisions of the relevant laws.
2. the competent State agencies signed the BOT, BTO, BT, the PPP has the responsibility: a) to receive and examine the result of contractor selection project business compared with the requirements of the project contract and the provisions of relevant laws;
b) monitor, check the technical design projects by enterprises established under current rules or design verification under the provisions of Decree No. 15/2013 issued in case State authorities have the authority to sign contracts of BOT, BTO, BT, the PPP and the State administration of building; consider, determine the technical design changes compared to the feasibility study report;
c) monitor, assess its compliance with the obligations of investors and project business in implementing the requirements of the planning, targeting, scale, technical standards, quality of construction, the progress of capital mobilization and project implementation, environmental protection and other issues agreed upon in the contract project. Done check out the work of company's business projects according to the provisions of Decree No. 15/2013 issued in case State authorities have the authority to sign contracts of BOT, BTO, BT, the PPP and the State administration of building;
d) organization accreditation status, value, work under the agreement in the contract of the project, the establishment of the asset transferred, identify the damaged (if any) and the business requirements of the project made the repair and maintenance works;
DD) only when the transfer of buildings and equipment, the assets related to the operation of the works had to be maintenance, repair, technical requirements to ensure the quality and the content was agreed upon in the contract of the project;
e) in collaboration with the business establishment projects handed to do the legal base for the transfer of works;
g) management organization, operating the works according to the functions, competence or entrusted management investors operating under the agreement in the contract of the project after receiving the work.
3. The responsibility of the project business and the State Agency has the authority to sign contracts of BOT, BTO, BT, PPP in the management of the quality of construction works must be clearly identified in the project contract.
Article 6. Technical instructions 1. The organization established and approved technical guidelines: a) the owner held up and approval of the technical instructions for the work prescribed in clause 3 article 7 of Decree 15/2013/ND-CP;
b) during the construction works, the case required the contractor to participate in construction activities can the investor approval of the addition of more content of the technical instructions;
c) for the work done under the EPC contract forms and general contractor EC, this general contractor organization made up of technical guidelines on the basis of the requirements of the investor;
d) with respect to the work not required to establish the technical guidelines, the content of the technical instructions specified in the demonstration construction design, construction drawings and in-process monitoring and quality control of construction works.
2. the technical indications of the work consists of the General guidelines and the specific technical guidelines for each type of construction work. Technical instructions to clear the technical requirements that the building contractor must perform; which stated the wrong number allowed in the construction, technical requirements and testing processes for building products, materials, equipment and technology equipment to be used, installed on the work.
3. consulting contractors reference model technical instructions by the Ministry of construction, Ministry of construction management majors or professional associations to enact to establish technical guidelines specific to each of the works.
Article 7. Hierarchy of the types of construction work prescribed in clause 2 article 6 of Decree 15/2013/ND-CP 1. Types of construction works specified in this circular is the basis to perform the following operations: a) prescribing objects works to establish technical guidelines;
b) regulations on the disclosure of information capacity of organizations and individuals, building construction activities;
c) specified the object works must be State Administration about building design verification and test the work experience put the work into use;
d) hierarchical rules on the issue and solve the problem in the process of construction;
DD) specified on the warranty period of construction works;
e) regulations other related work.
2. building construction types are identified according to the following sequence: a) determined on the basis of the scale, capacity and the importance of the work prescribed in Appendix 1 of this circular;

b) determined on the basis of the requirements of sustainable, refractory and ranks the different technical requirements of the provisions of the national technical regulation concerned (if any);
c) Level of works selected by the top level defined in point a and point b of this Paragraph.
3. The level of works is defined for each work, independent work items in the project construction investment.
Chapter II MANAGEMENT of the QUALITY of CONSTRUCTION SURVEY and DESIGN of CONSTRUCTION WORKS article 8. The task of building survey 1. The task of the survey must be established consistent with the scale of works, types of building survey and design step. The owner can hire a consulting organization, expert comments or verifies the task of building survey when necessary.
The task of building survey by the contractor construction design formed the basis of setting bid building survey. In tenders, survey, survey contractors are responsible for technical surveys plans to build under the provisions in article 9 of this circular. The owner can hire a contractor to survey the establishment survey mission to serve the search location of construction, investment reports and construction project construction investment.
2. The main content of the task of building survey include: a purpose built survey);
b) scope of building survey;
c) surveying method and surveying standards apply (if necessary);
d) mass of the types of building survey (expected);
DD) duration of building survey.
3. The task of building survey can be modified and supplemented in the following cases: a) during the implementation of building survey, detection of unusual factors may directly influence the solution design;
b) During the design process, design contractors discovered the survey materials do not meet the requirements of the design;
c) in the course of construction, the detection of unusual factors compared to the survey materials can affect the quality of the work, measures for the construction works.
Article 9. Technical building survey 1. Technical survey of construction must meet the following requirements: a) consistent with the task of building survey is approved by the owner;
b) in compliance with the national technical regulation, standards of building survey is applied.
2. technical content building survey: a) the basis of plans of survey engineering construction;
b) components, the volume of construction survey;
c) methods, survey equipment and laboratories are used;
d) building survey standards apply;
DD) Organization and implementation of measures for the quality control of self contractor building survey;
e) progress made;
g) protective measures the technical infrastructure works, construction works were involved in the survey area;
h) environmental protection measures in the survey process (water, noise, emissions, etc.);
I) estimating costs for building survey.
Article 10. Supervise the building survey 1. Survey of building contractors are responsible for the quality control organization self building survey, quality control measures must be made in the technical building survey.
2. content of construction survey monitoring client: a) check the contractor's actual capacity building survey include staff, field survey equipment, the laboratory used compared with the survey methodology approved construction and regulation of the contracts of building survey;
b) track, check the implementation of building survey include: location survey, volume survey, survey process, data retention survey and experimental form; test laboratory and field experiments; check out the work of labour safety, safety of the environment in the process of implementation of the survey.
3. The owner and the contractor to survey the construction of forms, log book monitoring and testing external survey the scene to apply in the process of supervising the construction survey specified in item 2 of this Article.
Article 11. The content report survey results of building 1. The base implementation of building survey.
2. Overview location and natural conditions of the area building survey, characteristics, the scale, the nature of the work.
3. The volume of building survey was done.
4. Results, survey data built upon experiments, analysis.
5. The comments rating, admonition, proposed (if any).
6. conclusion and recommendations.
7. The annex attached.
Article 12. Test results reported building survey 1. Experience base: a survey of construction contracts);
b) task of building survey, technical survey, approved construction;
c) reported survey results of building contractor building survey.
2. content testing: a) check the quality report survey results build compared to the task of building survey and technical building survey has been approved;
b) check the workload of building survey was made, considering the suitability of specifications, quantity and other content in accordance with the contract of building survey;
c) conclusions on the test results reported building survey.
3. Components of trials: a legal representative) of the owner or a person authorized;
b) who oversees survey of investors;
c) representative under the law of building survey contractor or authorized person;
d) Chairman of the survey of contractors building survey.
4. The content thereon trials reported survey results build include: audience acceptance; direct component testing; the time and location of test; conclusion (satisfactory or unsatisfactory); signature, name, title representatives under the law and the legal stamp of the component directly.
Article 13. The task of building construction design 1. The owner has the responsibility to identify design tasks or hire consultancy mission construction design. The task of building construction design to match the reported construction investment (feasibility study report) or the investment policy was approved by the authority.
The task of designing the base construction to establish investment projects in construction. The owner may invite consulting, expert comment or verify design tasks when necessary.
2. Main content of design tasks built works include: a) the bases to form design tasks;
b) goal of building works;
c) location construction;
d) requirements for the planning, the landscape and architecture of buildings;
DD) The required scale and longevity of use, public works and other requirements for the works.
3. The task of building design can be complemented, modified to suit the real conditions in order to ensure effective investment projects construction.
Article 14. Asked about the character design and quality control specifications profile construction design 1. Design contractor is responsible for performing internal test mode for construction design in the design process and design records before delivery to the owner or general contractor. Design contractor appointed individuals, affiliated organizations parts of themselves or hire other private organizations doing work to check the quality of the design. The auditor must sign the design, verified on design drawings.

2. Design records are created for each of the works include theory of intelligent design, a computer, the design drawings, survey construction materials, construction estimation and maintenance works (if any).
3. Design drawings must be of the size, frame rate, the name is shown under the applicable standards in construction activity. In the name of each drawing must have name, signature of the person directly, the design check designs, chaired the design, design, legal representative of the contractor and the contractor's design building design works, unless the contractor is designed for independent practitioners.
4. The presentation, design drawings, estimation to be close the dossier according to the uniform framework designers have portfolios, numbering, symbols to lookup and long-term preservation.
5. where the design done general contractor contractor design then this contractor must take to design the projects primarily or mainly technology and is responsible for the entire implementation of the contract the contractor designed with subcontract. The extra design contractors responsible for the progress of the previous design, quality of the tender and before the law for the job by themselves.
Article 15. Test the profile construction design 1. Profile test base construction design: a) the contract bidding and delivery construction design;
b) design tasks, design profile previous step was approved;
c) national technical regulation, standards are applied;
d) profile construction design was the investor held the appraisal and approval.
2. direct component trials: a legal representative) of the owner;
b) representative under the law of the contractors design;
c) Chairman of the construction design.
3. The content thereon trials resumes construction design include: audience acceptance; direct component testing; the time and location of test; evaluate the quality and quantity of records engineer with the technical requirements and the requirements of the contract; conclusion (accept or not accept the profile design; requires amendments, supplements and other recommendations if available); signature, name, title representatives under the law and the legal stamp of the component directly.
4. Testing the profile construction design is made to serve the payment, settlement, liquidation of contract design between the owner and the contractor construction design.
Chapter III MANAGEMENT of the QUALITY of the CONSTRUCTION works, the HIERARCHY PROBLEM in the PROCESS of CONSTRUCTION and extraction, USING the PROCESS of article 16. Planning and quality control measures in construction stage of buildings built before the construction, the owner and the building contractor must unify content about the quality management system of the owner and of the contractor; planning and quality control measures on the basis of technical instruction and the contractor's proposal, including: 1. Organizational chart, list the individual parts of the investor and the contractor is responsible for managing the quality of works under the provisions of the construction contract; the rights and obligations of the owner in the management of the quality of the work.
2. policy objectives and ensure quality.
3. organizational plan of experiment and quality control; observation, measurement of technical parameters of the construction according to the design requirements and technical guidelines.
4. inspection measures, quality control materials, structures, materials, construction products, construction equipment and technology equipment to be used, installed on the work.
5. Checkout process, supervision of construction, fabrication and installation of monitoring equipment; determine the construction works, the period of construction or construction parts need trials; the rules of the base experience, participants experience, the form of the report on the trials.
6. Measures to ensure occupational safety, environmental protection, fire prevention, blast in construction.
7. The process of establishment and management of records, the relevant documents in the course of construction; the form and content of the diary of the construction works; the test form; the process and form of internal reports, reports owner; order and procedure of issuing and processing the message text of the comments of the parties and the process of solving the problems arising in the process of construction.
8. Agreement on the language embodied in the texts, documents, records were involved in the construction. When the owner or contractor who is a foreigner, the language used in the document text, the record is the South Vietnamese and English.
9. The content of the relevant provisions of the construction contract.
Article 17. Quality management structure, materials, building products, equipment for installation in buildings 1. The structure, materials, construction products, construction equipment, equipment technology (collectively referred to as the product) must be quality control according to the requirements of technical standards, standards that apply to the work, design requirements, the regulation of construction contracts and related documents.
The owner, the buyer is responsible for product testing organization and approved the source of the product before use, installation into construction works.
2. Form product quality control is specified as follows: a) for the products of industrial production and the commodity market already is: the owner and the buyer the product check the origin of goods, labeling, announced the match on the quality of the manufacturer certification, conformity, conformity certificate (if needed) according to the provisions of the law on quality of goods and products, commercial law and the provisions of other relevant laws. The investor or buyer may inspect the goods production facility or laboratory requirements, quality control of the goods when required by agreement in the contract. Production facilities, supply of goods, the products have a responsibility to provide the certificate, certification and other related papers in accordance to the buyer to prove the origin of the goods and the quality of the goods;
b) with respect to the products manufactured, built exclusively for the construction works at the request of the design: where the product is manufactured, built at the base of the industrial production, the investor or buyer check quality as defined in point a of this Clause in conjunction with the periodic inspection or irregularly in the production process. The case of products manufactured, built directly in the market, the owner or general contractor inspection organization supervise production, built as the other construction work as defined;
c) for the building materials are mined in the mines: the owner and the contractor supplying the material organized survey of mine reserves and quality according to the requirements of the design, procedures and the relevant technical standards; periodically check, irregular in the extraction process;
d) the parties concerned have to make experiments, product quality according to the requirements of the design, procedures and technical standards applicable to the works.
Article 18. The diary of the construction works and the complete drawing 1. Construction contractor tasked to set up the log window construction works; This book must be numbered, stamped page of construction contractor and certified by the owner. The log book the construction works can be established for each category of works or construction works.

2. the construction contractor, who oversaw the construction of the owner in case the investor directly supervise the construction works or the supervision of contractors to oversee the construction in case the owner rented the organization supervising (hereafter referred to as the person who oversees the construction of the investor) must be done regularly the diary records the construction of the work, including the information: a) construction conditions evolutions (temperature, weather and other related information), the situation in construction, the building construction site daily; detailed description of the malfunction, damage and the other problems arising in the process of the construction works;
b) The recommendations and comments are directed to resolve the issue of the relevant parties.
3. the construction contractor is responsible for drawing up the complete parts of works, projects and construction work by themselves. Obscured parts of the works to be completed the drawing up or measured determine actual size before proceeding to the next job. Setting and confirm the completed drawing instructions in Appendix 2 of this circular.
Article 19. Supervision mode of construction works and supervision of the author of the contractor construction design 1. All construction work in the construction process to be done in monitoring mode. Encourage the implementation of the monitoring mode for the construction of individual houses.
Building owner hired consultants monitor or supervise when eligible operational capacity monitor the construction works. Who performs the supervision of construction must have the certificate of practice supervision of building construction work suit, type, grade the work.
2. Who oversees the construction of owner, project or business general contractor is responsible for performing the contents specified in Decree No. 15/2013/ND-CP and the provisions of this circular in the course of supervision of construction works.
3. the author supervision mode: a) contractor construction design people have sufficient capacity to supervise the author as specified in the construction process;
b) when executing the wrong with the design, who oversaw the author must log construction works require the correct design and implementation have written notice to owner;
c) contractor construction design is responsible for participating company build upon request of the investor. Through the monitoring work of the author or in the process of participation, if the categories of works, construction works not eligible trials, then the contractor construction design must have text sent investors, which stated the reason not eligible trials.
Article 20. Trials construction 1. Company base construction: a) check, process monitoring, testing has been agreed between the owner and the contractor concerned;
b) requirement of the contractor test;
c) the minutes of the internal test inspection of contractors (if any);
d) profile construction drawing design and design changes have been approved by the owner in relation to the test object;
DD) section of the relevant technical guidelines;
e) The monitoring results, measurements, laboratory concerned;
g) diary of the construction works and other documents relevant to the subject.
2. The content and sequence of construction work experience: a) check the construction work already done;
b) check the monitoring data, the actual measurement, comparison with the requirements of the design;
c) examined the results of experiments, measurements;
d) reviews of the suitability of the construction with the requirements of the design;
DD) conclusions about the company building to transfer the execution steps. The case of construction works not be, who oversaw the construction of the investor or of the General Contractor must clearly state the reason in writing or recorded to the log construction works.
3. direct component company building: a) the monitoring of the construction work of the investor or of the general contractor for the building construction general contractor;
b) people directly in charge of the construction of the building contractor or sub-contractors of public works for the general contractor contract construction;
c) for the general contractor contract for the construction, the construction supervision work of the investor may witness the work of collecting or directly involved in testing when necessary.
4. Minutes of test construction: a) the content of the report on the trials include: object (name of work experience); direct component testing; the time and location of test; conclusion (accept or not accept, agree to deploy construction; requires repair, finishing the work performed and the other requirements, if any); signature, name, position of people who directly experience;
b) the minutes of trials can enclose the appendices, if any;
c) minutes of company the building can be created for each building or work created many jobs for the construction of a category of works according to the sequence of construction.
5. the responsibility of the owner or of the General Contractor must organize timely test, must not exceed 24 hours from receipt of acceptance is required of construction contractor, or notification of rejection reason experience in writing for the construction contractor.
In the case of regulations the owner saw the work experience of the contractor for subcontractors, if the investor's supervision did not attend the trials and no comments in writing, the contractor still conduct trials construction work of subcontractors. The minutes of trials in this case still has validity.
Article 21. Trials stage of construction or construction parts 1. The trials stage of construction or a construction parts can be set out when the Department of public works began to suffer the effects of the load by design or serve the payment volume or end a construction bid packages.
2. The grounds for testing include the document as prescribed for the construction company in article 20 paragraph 1 of this circular and the company thereon the construction is related to the period of construction or public works departments are collecting.
3. The owner, who supervised the construction work of the owner, general contractor and construction contractor involved agreement on time trials, sequence and content experience, participants experience.
4. experimental results obtained formed thereon includes: object content (specify name of parts of constructions, the construction phase are testing); direct component testing; the time and location of test; conclusion (accept or do not accept and agree to implement the construction phase; requires repair, improve parts of works, the period of the construction works were completed and the other requirements if applicable); signature, name and title of the person involved. The minutes of trials can enclose the relevant appendix.
Article 22. Trials completed projects or construction works to put into use 1. Experience base: a) the documents specified in point a, point b, point c, d and DD Account Point 1 article 20 this circular related to the object testing;

b) minutes of the construction works, the period of construction or construction departments have made (if any);
c) results measurement, observation, experiment, measure, calibrate, operate the system test equipment and quality control results (if any);
d) complete the drawings of construction works;
DD) written approval of State administration authority on prevention of fires; environmental safety; operating safety regulations;
e) the conclusions of the professional bodies of the construction about checking the work experience put the work into use according to the provisions of article 32 of Decree 15/2013/NĐ-CP dated. 2. The content and sequence of trials: a) check the quality of works, projects at the scene against the requirements of the design and the technical instructions;
b) check the completed drawings;
c) check the figures measuring/testing, observation, measurement, test results, test operating system equipment; quality control results (if any);
d) check the text of the agreement, endorsed or approved by competent State agencies on the prevention of fire, explosion, environmental safety, operational safety; check out the work experience included work on use and other related documents;
DD) test procedures for operation and maintenance of buildings;
e) conclusions about the trials put construction work on harness use. Experimental results obtained formed thereon according to the content specified in paragraph 4 of this Article.
3. direct component testing: a) The investor: the legal representative or the person authorized by the owner, the person in charge of monitoring the construction work of the owner; legal representative and the person in charge supervision of construction contractors supervising the construction works (if any);
b) The contractors construction works: legal representative and the person in charge of construction of the general contractor, the main building contractor concerned;
c) The contractor construction design join the trials at the request of the client: legal representative and Chairman of the design;
d) where the owner is not home management, home works use when collecting owner can invite server management, using the process of taking witness testing.
4. The minutes of trials completed projects, including the construction content: a) object (name of projects or the work experience);
b) time and place of testing;
c) component involved collecting;
d) reviews of the quality of construction projects, construction work completed in comparison to the task of design, technical and other requirements of the contract;
DD) conclusion (acceptance or non-acceptance testing complete projects, construction works to put in use; requires repair, improve and supplement the other comments if applicable); signature, name, title of legal representative and stamped legal components directly experience; the minutes of trials can enclose the annex if necessary.
5. Works, construction projects can still be put into test use in the case of longer present a number of design flaws or defects in the construction but does not affect use, longevity, power, landscape of the work and do not interrupt the exploitation , use the work according to the design requirements. The parties concerned are regulated time limit fix this errors and record on the minutes.
Article 23. Delivered items of construction works, buildings 1. In case the owner is not the owner, the management server to use the work, the owner has the responsibility handed to server management, server use the work after having held trials completed works. Results delivery must be made in the minutes.
2. When conducting handed, the owner must be delivered to the home management, home use works the following documents: a) the maintenance, operational process works; profile design, drawings and other documents related to the operation, maintenance works;
b) directory of the device, spare parts, supplies and reserves not yet installed or used.
3. in case of application of the investment in the form of construction contract-business-transfer (BOT), build-transfer-business (BTO), build-transfer (BT), the competent State agencies and investors must consider meet the conditions stipulated in the contract of transfer projects , the provisions of Decree No. 108/2009/ND-CP and Decree No. 24/2010/ND-CP. 4. The Management Server uses the works is responsible for receiving, management, operation and maintenance of works under the provisions of the law from the time of receiving Commission put to use. During the warranty period, the owner and the contractor is responsible for implementing its obligations under the provisions of the law for the warranty work.
5. In the time the investor has not yet delivered are works for server management, server to use the work, the owner is responsible for the management of temporary, operation and maintenance of public works.
Article 24. Check out the work experience put the work into use according to the provisions of article 32 of Decree 15/2013/ND-CP 1. With regard to works subject to the provisions in article 21 paragraph 1 of Decree 15/2013/ND-CP, after starting the investor is responsible for reports of specialized agencies have state management functions for quality of construction works (hereinafter referred to as specialized agencies about building) according to the hierarchy defined in article 25 of this circular the following information : the name and address of the owner, the name works, building location, scale and expected the work progress of the works.
2. Specialized agencies about building is responsible for notifying the investor plans to test works, including: a) the plan, profile and content, the document should be checked at several stages of the transfer step of construction of important works. The number of times the test depends on the scale and nature of the engineering works but must not exceed 4 times for special supply, no more than 3 times for grade I and no more than 2 times for the rest of the work, except where the work has the problem of quality in the process of construction or in other cases by owner investment proposal;
b) planning, content and profile, the document should be checked before the owner held trials put the category works, construction works in use.
3. Professional bodies of the construction in progress check out the last work after receiving reports the completion of the construction of the investor according to the form prescribed in annex 3 to this circular. Content test must be established thereon, primarily focused on the compliance with the provisions of the law to ensure the safety of the work, ensuring the safety and operation of the works as designed, in particular: a) check the current state of parts of works by Visual and check the monitoring data , measurements;
b) check the compliance with the provisions of the law on the management of quality works on the basis of complete records of construction works was established in accordance with Appendix 5 of this circular and the Exchange with the parties involved in the screening process;
c) check the compliance with the provisions of the law on construction related.

4. During the test, the professional bodies of the building may require the owner and the contractor, clarification on the content of the check or assign consulting to conduct the Inspection Department, categories of expression works does not guarantee the quality or lack of quality assurance facility works according to the requirements of the design.
5. Specialized agencies about building to announce the test results for the owner within the time limit specified in point d Article 32 paragraph 3 of Decree 15/2013/ND-CP reported the test results to be established according to the form prescribed in annex 3 to this circular.
6. Specialized agencies about building was right to ask the business units or organizations, individuals with suitable capacity participated in the inspection work trials put the work into use.
7. Costs for checking the work experience included work on using established estimation and calculation of total investment in construction.
Article 25. The authority to check the work experience put the work into use according to the provisions of article 32 of Decree 15/2013/ND-CP 1. Professional bodies in building construction in check for the following works: a) grade I and over regardless of resources in the type: condominium, public works, infrastructure works and cement plants;
b) grade II, grade III in the categories: public buildings, condominium, cement and engineering infrastructure works in construction investment projects by the Minister of construction investment decisions;
c) important national works are the prime delivery.
2. Professional bodies of the construction industry and Commerce directly check for the following works: a) grade I go up irrespective of the funding in the categories: power lines, hydro power plants, thermal power plants, metallurgical plants, Alumina production plant, petrochemical refinery , gas processing, the warehouse and the tube (lead in gasoline, oil, liquid gas), manufacturing plants and warehouses for dangerous chemicals, manufacturing plants and warehouses of industrial explosives;
b) grade II, grade III in the type: power lines, hydro power plants, thermal power plants, metallurgical plants, Alumina production plant in construction investment projects by the Minister of industry and trade investment decisions;
c) grade II level III level IV, in the categories: petrochemical refinery, gas processing, warehouses and gas pipelines, oil, liquefied petroleum gas, manufacturing plants and warehouses for dangerous chemicals, manufacturing plants and warehouses of industrial explosives in construction investment projects by the Minister of industry and trade investment decisions;
d) The important industrial countries are the prime delivery.
3. Professional bodies of the construction Ministry of transportation inspection for the following works: a) works from level I or higher regardless of funding in the categories: bridges, tunnels and roads, railways, airports, ports, ship lift dock Ben, Ben, waterway transportation cable car system;
b) grade II, grade III in the categories: bridges, tunnels, roads in construction investment projects by the Minister of transportation investment decisions;
c) grade II level III level IV, in the categories: works, railways, navigable Harbour, boat lift, dock Pier tramway, waterway transport of people in construction investment projects by the Minister of transportation investment decisions;
d) transportation of national importance are the prime delivery.
4. Specialized agencies about building directly under the Ministry of agriculture and rural development, check for the following works: a) works from level I or over does not differentiate in capital sorts: water reservoirs, dams, flood discharge, overflow drains collect water, drain water discharge, water channels, closed pipe hydraulic underground tunnel, embankment, levee, pump stations and other irrigation works;
b) grade II level III level IV, in the categories: public water reservoir, dam, flood discharge, overflow drains collect water, drain water discharge, water channels, closed pipes, hydraulic tunnels, Dike, embankment, pump stations and other irrigation projects built by the Minister of agriculture and rural development investment decisions;
c) agriculture and rural development of national importance are the prime delivery.
5. Specialized agencies about building directly under the Ministry of public security, the Ministry of defence made to check for the work in the fields of Defense and security under the provisions of the Ministry of public security, the Ministry of defence.
6. Department of construction and management of specialized construction work test trials of the investor in respect of the construction works on the area under management as follows: a) construction: cement factory level III, level II; the works specified in point a, point b, point e article 21 paragraph 1 of Decree 15/2013/NĐ-CP dated except the works prescribed in paragraph 1 of this article;
b Department of industry and trade): the works specified in point c of paragraph 1 Article 15 of Decree 21/2013/ND-CP, except cement works and the works stipulated in paragraph 2 of this Article;
c) the Department of transportation: the works specified in point d of paragraph 1 Article 15 of Decree 21/2013/ND-CP, except the works prescribed in paragraph 3 of this article;
d) Department of agriculture and rural development: the works specified in article 21 paragraph 1/e Point Decree No. 15/2013/ND-CP, except the work prescribed in clause 4 of this Article.
7. Coordinate the work test trials put the work into use: a) the case of investment projects in construction consisting of many different levels and categories have professional bodies in building test works, the main items of the project construction works have a duty to examine all the works construction items, objects must be checked as specified in this project and to invite the professional bodies of the construction related disciplines involved in the screening process.
The main provisions in this clause is an independent work or a cluster of projects related with the highest level make up the function of the project construction works;
b) specialized agencies about the building of the Ministry of construction management majors are responsible to invite specialized agencies of the Ministry of construction last test involved the work of the specialized construction work as defined in Article 43 paragraph 1/e Point Decree No. 15/2013/ND-CP;
c) The Department of building construction management majors are responsible for inviting the Department of building inspection involved the last time, the work of the specialized construction work as defined in point c Paragraph 2 Article 45 of Decree 15/2013/ND-CP. 8. Basing the actual conditions of the local people's Committee, may test hierarchy for some grade III and IV are the responsibility of the Department of building inspection, Department of construction management majors for district-level people's committees, the Management Committee of the municipality Management, industrial-made.
9. The inspection work of the construction works is located in the economic zone by the Ministry of construction guidelines for each specific case.
Article 26. Confronting laboratory, quality control, laboratory of bearing structures during construction 1. Confronting experiments can be performed in the following cases: a) is specified in the contract or the technical instructions for the programming there are difficult, complex factors in the quality control of the construction (for example, large-scale works, construction time lasting; construction line or in the deep remote areas; works using a variety of sources to provide the material...);

b) When materials, construction products and the quality of the construction signs don't guarantee the quality according to the requirements of technical instruction or design;
c) at the request of the State administration of the building.
2. Quality control, testing the ability of structures to be made in the following cases: a) is specified in the contract or technical construction according to the requirements of the design;
b) When public works, projects, building construction Division is no guarantee of quality according to the requirements of the design;
c) When the incident occurred in the process of construction affect the quality of the Department of public works or construction works;
d) at the request of the State Agency has the authority to sign contracts of BOT, BTO, BT, PPP (for investment projects in the works in the form of contracts of BOT, BTO, BT, PPP) and the requirements of the State administration of building when needed.
3. consulting organization confronting experiment, quality control, laboratory of bearing structures must meet the conditions prescribed capacity.
The case made for testing, quality control, laboratory of bearing structures according to requirements of the State administration of building or State Agency has the authority to sign contracts of BOT, BTO, BT, PPP, the consulting organization made this work must be approved by the above mentioned agencies.
4. construction contractors, construction contractors supply, manufacturing building products must bear the costs of confronting experiment, quality control, laboratory of bearing structures as defined in point b of paragraph 1 and point b Paragraph 2 this if laboratory results auditing, proving to be the main fault of the contractor. For the remaining cases, the cost of performing this work are included in the total cost of construction works.
Article 27. Complete records of construction works 1. The owner is responsible for the complete profile held up the process.
2. Category, a complete profile of works set forth in annex 5 of this circular.
3. the complete records of construction works must be set before making the full projects or works on the mining, use. Profile completion can be set once for the whole investment project construction or establishment of individual works or projects in the project.
Article 28. Complete records of construction works 1. The owner is responsible for filing the completed construction work in the minimum time is 10 years for public works in Group A project, 7 years for the work of the project group B and 5 years for public works in Group C of the project since the trials take works , projects to use.
2. the management authority of the State of construction, the contractors involved construction activities are responsible for filing related to its job done. Archival records as prescribed for the archives of the owner referred to in Paragraph 1 of this article.
3. The profile of service management, use of construction works by the Manager, use the archive work in minimum time with the lifespan of works under the provisions of the law on maintenance of construction works.
4. the storage of historical records of construction works done according to the provisions of the law on archives.
Article 29. Guide to resolving disputes about the quality of construction works 1. Disputes about the quality of construction occurs when there are different opinions about the quality of products, buildings and parts of buildings, remedy the defect of quality works.
Quality disputes that may occur between the involved entities or between the construction of this subject with the owner, home management, home use of the adjacent construction works and other relevant parties.
2. Resolving disputes about the quality of the work was conducted according to the following sequence: a) negotiated between the parties of dispute;
b) option, the agreement and the Organization, hire qualified individuals according to the rules of conducting audit reviews of the quality of construction works and suggest solutions to overcome.
The parties dispute may suggest the State administration of the building according to the hierarchy of dispute resolution Guide;
c) claims and resolving disputes through the courts, the procedure conducted in accordance with the relevant legislation.
Article 30. Report of the investor for the State administration of the building owner is responsible for reporting on quality and quality management works for the State administration of building in the following cases: 1. Investors submit a report completed construction for professional bodies of the construction according to the hierarchy for the projects in the works, the object of this agency must be examined according to the provisions of article 24 and article 25 of this circular.
2. In the case of irregular, the owner is responsible for reporting according to the specific requirements of the State administration of the Building Authority.
3. When the work occurs within 24 hours of the incident, the owner must report the incident as defined in clause 2 Article 37 of Decree 15/2013/ND-CP consists of information: the name, the category of works of the crash; location construction; the time of the crash; the owner and the contractor concerned participate in construction activities, projects of the crash; damage to people (the number of people killed, the wounded, the number of people missing); damage to buildings, damage to other relevant material; preliminary determined the cause of the problem and the other necessary contents (if any).
Particularly for works are exploiting, using, then the Manager, use of works is responsible for reporting on the issue of exploitation, use of works.
Article 31. Hierarchy problems during construction and exploitation, using the process of The kind of problems in the construction and exploitation, using the work prescribed in clause 1 Article 36 of Decree 15/2013/ND-CP of hierarchy according to the extent of damage to the structures, about people and matter as follows : 1. Decentralized according to the degree of damage on buildings (including the breakdown of the main buildings, temporary buildings, surrounding buildings and ancillary structures): a) the problem is particularly severe supply problems occur in the following cases: has collapsed the entire works, special projects or severe damage a division of public works cause instability likely leading to crash dump works, special supply items;
b) incident level I is an issue in the case: did the demolition work, dump the category of grade I or serious damage a division of public works which cause instability likely leading to the demolition work, dump the category of grade I;
c) level II incident is an issue in the case: did the demolition work, dump projects level II, level III or severe damage a division of public works cause instability likely leading to the demolition work, dump projects level II, level III;
d) level III incident as the incident occurred in the case of the demolition work, dump: has the category of grade IV or severe damage a division of public works cause instability likely leading to the demolition work, dump the category of grade IV;
DD) with respect to the problem collapsed pour the texture of auxiliary service of the construction works as a temporary support structure, scaffolding, the structure of tower crane and the textures are other similar functions are decentralized as the issue works depending on the scale of the texture as specified in annex 1 of this circular.

2. Hierarchy according to the extent of material damage for the incident, and the incident fire, explosion causing damage to public buildings (including the incident damage construction products in the process of building): a) the problem is particularly severe level of incidents causing damage from 20 billion or more for the works , Division of works;
b) incident level I is the problem causing damage from 10 billion to 20 billion for public works or parts of works;
c) level II problem is the problem of damage from 3 billion to 10 billion for public works or parts of works;
d) breakdown level III is the problem causing damage below the 3 billion for public works or parts of works;
3. Hierarchy according to the extent of human losses for the labour safety issues during construction made under the provisions of the labour legislation.
4. The owner, the contractor, the owner of the work or a person authorized agencies and relevant organizations pursuant to the provisions of paragraph 1, item 2, paragraph 3 of this article to make the reporting of incidents, resolving incidents, authorities cause trouble and to profile the problem according to the provisions of article 37 , Article 38, article 39, article 40 of Decree No. 15/2013/ND-CP Private issues specified in Paragraph 3 of this article, the owner and the contractor must undertake to report the State Agency has the authority under the provisions of the labour legislation.
5. level the issue is determined by the highest level provided for in paragraph 1, item 2 of this Article.
Chapter IV ADMINISTRATION of QUALITY CONSTRUCTION WORKS Article 32. Periodically check, irregular of State management bodies in building 1. Scheduling periodic check: a) the specialized agencies under the Ministry of construction planning check periodically the management state of the quality of construction works of the ministries, local; periodically check the management quality and the quality of construction throughout the nation;
b) specialized agencies of the Ministry of construction management planning specialist check the State management of the quality of construction works of the local specialist; test and quality management of construction quality of majors across the country;
c) construction planning check periodically the management state of quality specialized construction of administrative buildings, the State management of the quality of construction of the people's Committee at district level and the quality of the construction works;
d) management of specialized construction plan check periodically the management quality and the quality of the construction works on the area of specialization;
DD) The management of specialized construction, local building Departments send periodic inspection plans on The building to monitor, synthesize and test coordination planning.
2. periodically check the contents: a) check the compliance with the provisions of the law on the management of the quality of the work;
b) check the quality of parts and Visual works through the experimental observations, measurements, measurements; If auditing;
c) check other contents under the provisions of the law on the management of investment in construction.
3. sudden checks on quality management and quality of construction works: a) the specialized agencies about building made unscheduled checks a specific work upon request of the Government, Minister of the Ministry, ministerial authority, Chairman of the people's Committee of the levels or when receiving information reflected by citizens or the mass media;
b) specialized agencies regarding the construction of a test execution audience group works according to the specific content when it detects the signs do not guarantee the quality or infringe on the quality management of the object of this work group.
Article 33. Report on the situation of the quality and management of the quality of construction works 1. The provincial people's Committee, report on the situation of the quality and quality management of construction works on the area of The building before 15 December every year and report irregular when required according to the form prescribed in annex 6 of this circular.
2. The Ministry: the Ministry of defence, the Ministry of public security, Ministry of construction quality management specialized in reporting on the State of quality and quality management by the Ministry of construction, management posted about The build before December 15 of every year according to the form prescribed in annex 7 of this circular.
3. The Ministry, other general report on the situation of the quality and quality management by the Ministry of construction, management posted about The build before December 15 of every year according to the form prescribed in annex 8 of this circular.
4. Department of construction, construction management, specialized committees at district level committees reporting provincial level periodically, the compliance with the provisions on quality control of construction works and quality situation of local construction.
Article 34. Handle violation on quality management of construction works 1. When discovered in violation of the construction activities involved in the process of inspection under the provisions of article 24, article 32 of this circular, the State administration of building responsibly: a) requires organizations and individuals concerned to remedy the breach;
b) processing proposals violate the provisions of the law on sanctioning administrative violations in the operation of building construction inspection agency sent includes inspection of The construction and inspection of construction where building construction. Building inspection agency processed under the provisions of the law and announce the result handle to the State administration of building;
c) published the name and violations of the subject involved building on electronic information page of the Ministry of construction, the construction manager and construction where building construction.
2. Pause the construction works: a) the heads of specialized agencies of the Ministry of construction, Ministry of construction management majors have the right to halt the construction works in the case prescribed in clause 2 Article 46 of Decree 15/2013/ND-CP within 24 hours since the decision to halt the construction works , The aforesaid agency heads are responsible for reporting to the Minister of construction, the Ministry of construction management majors decided to halt the construction of its works;
b) Director, Department of building construction management majors, have the right to halt the construction of local works in the case prescribed in clause 2 Article 46 of Decree 15/2013/ND-CP on the area.
Within 24 hours from when the decision to halt the construction works, the aforesaid agency heads are responsible for reporting President provincial people's Committee decided to halt the construction of its works;
c) Heads decided to pause the construction works specified in point a, point b of this Clause is responsible for inspecting the remedy of the owner and the contractor; the decision to allow continued executing after the owner and the contractor to remedy the existence, ensuring safety.
Chapter V ENFORCEMENT PROVISIONS Article 35. Transitional regulations 1. On the hierarchy of buildings to serve the management quality of the works specified in article 7 of this circular: a) for investment projects of construction has decided to invest before the day this circular effect, the enforcement level works in construction investment projects identified in investment decisions;

b) for investment projects in construction investment decisions are the following on this circular effect is level works in construction investment projects determined under the provisions of this circular.
2. qualified certificate, safety certificate of conformity of the quality of construction works: a) the categories of works has had a contract and made a qualifying certificate bearing safety certification or conformity of the quality of construction works before 15/4/2013 but has not been granted the certificate owner and certified organizations receive continued until the completion of the work, the categories of works. The State administration of building a base test results works at the scene, the results certified by the certification organization to conclude operative test trials of the owner before putting the work into use;
b) regulations concerning safety certification bearing in article 43 of Decree 71/2010/ND-CP dated 23 June 2010 of the Government detailing the guidelines for implementing the law and art. 2 article 9 circular No. 16/2009/TT-CONTRUCTION of the building specific regulations and instructions made some content of Decree No. 71/2010/ND-CP June 23, 2010 of the Government detailing and guiding the implementation of the Housing Law is repealed from the date of Decree No. 15/2013/ND-CP effective enforcement.
3. go check the work experience for the subject work must be tested before put into use according to the provisions in article 24 of this circular: a) for the work to be finished collecting the work put into use before the date of the Decree No. 15/2013/ND-CP effective , the company is made according to the provisions of Decree No. 209/2004/ND-CP of the Government on the 16/12/2004 of quality management of construction works;
b) for works is trials completed after October 15/4/2013, the company must comply with the provisions of Decree No. 15/2013/ND-CP. Article 36. Effect 1. This circular effect since September 2013 and replaces circular 27/2009/TT-BXD dated 31/7/2009 Guide to some of the content on quality management of construction works; the content of the certificate of eligibility ensure safety, certification of conformity of the quality of construction works specified in circular No. 03/2009/TT-BXD dated 06/4/2011 about auditing activity guide, assessment and certification of qualified safety, certification of conformity of the quality of construction works; Circular No. 02/2006/TT-BXD dated 17/5/2006 recordkeeping guidelines design, the drawing of complete the construction of the building.
2. During the implementation process if there are concerns, organizations, individuals submit comments to the Ministry of construction to consider, resolve./.