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Circular No. 18/2009/tt-Bxd: Regulations Adopting Standards, Standards In Construction Activity

Original Language Title: Thông tư 18/2010/TT-BXD: Quy định việc áp dụng quy chuẩn, tiêu chuẩn trong hoạt động xây dựng

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  The CIRCULAR regulates the application of the standard rules, the standard in building activity _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ pursuant to the law No. 16/2003/QH11 on November 26, 2003;
Pursuant to the law of standards and technical regulation No. 69/2006/QH11 on June 29, 2006;
Pursuant to Decree No. 17/2008/ND-CP on 04/02/2008 of the Government functions, tasks, powers and organizational structure of the Ministry of construction;
Pursuant to Decree No. 209/2004/ND-CP of the Government on the 16/12/2004 of quality management of construction works;
Pursuant to Decree No. 127/2007/ND-CP of the Government 01/8/2007 detailing the implementation of a number of articles of the law on technical regulation and standards;
Pursuant to Decree No. 12/2009/ND-CP of the Government 112/02/2009 about the project management of construction works, the Ministry of construction stipulates the application of the standard rules, standards in construction activity as follows: chapter I GENERAL PROVISIONS article 1. Scope this circular regulates the application of national technical standards, national standards, standards, standards of construction establishments abroad (hereinafter referred to as the standard, normative) in construction activities in Vietnam.
Article 2. The object of applying organizations, domestic and foreign individuals when applying the regulation, standards on construction activities in Vietnam have to comply with the provisions of this circular.
Article 3. The principle of applying the regulation, construction standards 1. National technical standards required in construction activities, including: surveys and methods of construction; construction planning and urban planning; establishment and evaluation of investment projects in construction; design, construction and testing of construction works; production, import and export and circulation of goods and products and construction materials.
2. National standards, standards, standards of construction are applied in building activity under the voluntary guidelines, except the standard or standards cited in the legal text. The application of the standards must ensure the following requirements: a) and guarantee the viability of the system the standard to be applied to the project in the whole process of survey, design, testing, manufacturing and fabrication, construction and building company;
b) must conform to the requirements of the national technical regulation on building and other related fields under the provisions of the law;
c) in the case of national technical regulation, standards, building standards abroad must conform to the requirements outlined in the mandatory national standards applied by the ministries.
3. for projects built using the State budget, priority use of the national standards. In the case of national standards, the investment decisions can be reviewed, approved foreign standards.
Article 4. The method of applying the standards 1. The standards are applied directly in the activities building. Encouraged to apply standards to the latest version.
2. standard may apply indirectly through the implementation of the provisions of the technical instructions and documentation, which has cited the whole or part of the content of that standard.
Article 5. Conditions applicable construction standards the standards are selected and applied in construction activities in Vietnam must meet the following conditions: 1. Ensure the principles stated in article 3;
2. Must be the investment decision review, selection and approval of investment projects in construction.
 Chapter II APPROVAL AUTHORITY, APPLICABLE CONSTRUCTION STANDARDS article 6. The authority approved the application of The standard investment decisions consider, decide and take responsibility for the application of the national standards system, basic or standard standard construction system for building activity by themselves.
Article 7. Content review, approved construction standards 1. The investment decision the Organization review and approve the standards applied by the authority specified in article 6 of this circular in the process of appraising and approving construction projects.
2. In the content of the project to build the system, the construction standards applicable recommendations must include: a) catalog item number and name of the standard;
b) with respect to standards or guidelines of foreign, need full text standards or guidance in the form of a software (files) or printed copies, accompanied by Vietnamese translations or English for the use of the content;
c) presentation to the response of the standard compared to the requirements outlined in paragraph 2 and 3 of article 3 of this circular. With regard to the technical instructions (technical guidelines) or the documentation (recommendations) of the foreign organization for new technology solutions when not yet enacted into the standard, need explanation about technical solutions: the name-technology; the results of research and experiments; the works have applied the technical instructions or documentation; copyrights on solutions engineering-technology; feasible in terms of technical-economic and technology of Vietnam.
3. content review, approval criteria outlined in paragraph 2 of this Article. 
Chapter III IMPLEMENTATION article 8. The responsibility of the governing body 1. The Ministry of construction, Ministry of construction management majors are responsible to manage and guide the application of the standard rules, standard in the investment construction project management by themselves.
2. the people's Committee of the central cities, is responsible for managing the application rules standard, standard in local construction activities; inspection organization, examined the application of the standard rules, standards in the local construction activity.
Article 9. Inspection, checking the application of the standard rules, standards inspection, check the application procedures, standards for construction activities in the locality are conducted in accordance with the law. Content inspection, check include: compliance with the provisions of this circular; compliance with the provisions of the standard rules and the content of construction standards have been approved to adopt.
When the detection of violation of the provisions of this circular, the Agency inspection, check the local's responsibility to establish a temporary suspension of construction activities and ask the owner to have the remedy, conduct of administrative sanctions as provided by law.
Article 10. Handle forward 1. The construction works must comply with the provisions of the national technical regulation since that regulation has effect. With regard to construction investment projects have been approved by the authority before the effect of the regulation shall be applied according to the previous provisions.
2. for the projects have been approved building standards applied before the date this circular effect is continuing to follow the text. For new projects, additional projects, the application of construction standards made under the provisions of this circular.
Article 11. Terms of implementation 1. This circular is effective from the date of 15/12/2010.
2. This circular replaces circular No. 40/2009/TT-BXD dated 09/12/2009 of the Ministry of construction stipulates the application of construction standards in construction activities in Vietnam.