Circular 27/2009 / Tt-Bxd: Guiding A Number Of Provisions On Quality Control Of Construction Works

Original Language Title: Thông tư 27/2009/TT-BXD: Hướng dẫn một số nội dung về quản lý chất lượng công trình xây dựng

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2. Guide, check the State management over the quality of construction works of the Department, the People's Committees of districts and communes. Check the compliance with legal regulations on quality management of construction works of organizations and individuals when necessary; handle violations of quality as prescribed by law. 3
. Guide, organization or institution designated qualified consultant perform capacity assessment of the quality, expertise construction incidents in the province.
4. To sum up, the Ministry of Construction reported annually on the quality and quality control of construction works in the localities periodically before June 15 (to report 6 months), before 15 months 12 (for the reporting year) and extraordinary reports when required according to the form provided in Appendix 2 to this Circular.
5. Assignment and decentralization of state management responsibility for the quality of construction works for the Department, the People's Committees of districts and communes under the guidance in Joint Circular Ministry of Construction and the Ministry of Interior No. 20/2008 / TTLT-BXD-BNV dated 16/12/2008 "instructions functions, duties, powers and organizational structures of professional agencies under the provincial people's Committee, district and duties and powers of the communal people's Committee in the fields of state management of the construction industry ".
Chapter II.
DUTIES AND RIGHTS OF INVESTORS IN QUALITY MANAGEMENT OF CONSTRUCTION WORKS
Article 4. The duties and powers of the investors in the case of direct management or project management consultants
investor court has the task of organizing a comprehensive quality management of construction works from the stage of project preparation, implementation of the project until the handover and acceptance of work is put into exploitation and use of protected quality, performance and compliance with the provisions of the Construction Law, Decree No. 209/2004 / ND-CP and Decree No. 49/2008 / ND-CP and Decree 12/2009 / ND-CP, which including:
1. Selection of the organizations and individuals are eligible capacity prescribed in Articles of Chapter IV of Decree 12/2009 / ND-CP and the legal provisions related to construction surveying, drafting project construction investment, economic reports - construction engineering, designing construction works, construction works and supervision of construction, laboratory accreditation construction and consulting work for other construction. Encouraging investors select organizations and individuals involved in the design performance, construction, management of construction and fabrication of construction products of high quality.
Investors themselves perform the above tasks if there is enough capacity conditions stipulated in Decree No. 12/2009 / ND-CP and the legal texts concerned.
2. Quality management of construction survey and construction design, including:
a) approve construction survey tasks and technical plans for construction survey, even if additional research tasks accordance with the provisions of Article 6, Article 7 and Article 9 of the Decree 209/2004 / ND-CP;
B) Monitoring and accepting the construction survey work specified in Article 11 of Decree 209/2004 / ND-CP;
C) Acceptance reports construction survey results as stipulated in Article 12 of Decree 209/2004 / ND-CP and Clause 2, Article 1 of Decree 49/2008 / ND-CP.
D) Independence or hire organizations and individuals are eligible consultants to establish capacity building missions designed for works projects to establish investment projects in construction and economic reports - construction techniques as prescribed in Clause 2, Article 57 of the Law on construction.
E) organize the evaluation and approval of engineering designs, construction drawing design as stipulated in Article 18 of Decree 12/2009 / ND-CP.
E) Acceptance of design documents for construction of works under the provisions of Article 16 of Decree 209/2004 / ND-CP and Clause 3, Article 1 of Decree 49/2008 / ND-CP.
3
. Quality management of construction works
a) To supervise the construction works in accordance with the provisions of Article 21 of Decree 209/2004 / ND-CP.
B) Organization comply with the provisions on certification of qualified safety and fire control; environmental safety; safe operation and use of works under the provisions of the State agencies competent, certified eligible bearing safety for construction items or construction when the incident can cause disaster and certification of quality conformity of construction works as required.
C) organize the acceptance of construction works in accordance with the provisions of Article 23, Article 24, Article 25 and Article 26 of Decree 209/2004 / ND-CP.
4. Require construction contractors warranty, construction and implementation of their responsibilities under the provisions of Article 29 and Article 30 of Decree 209/2004 / ND-CP;
5. Recordkeeping complete the works stipulated in Clause 3 of Article 18 of this Circular and the sending state storage design documents, drawings of works in accordance with current regulations.
6. Report on the State management agency on construction to the local level on the quality of management and quality of construction works periodically before June 15 (to report 6 months) and before December 15 (for the reporting year) annual, extraordinary reports when required according to the form in Appendix 3 to this Circular; incident reports construction works under the provisions of paragraph 1 of Article 35 of Decree 209/2004 / ND-CP.
7. Investors may authorize the project management (in case of direct management of the project) or project management consultant (in case of hiring project management consultants), perform one, some or all of the work from paragraphs 1 through 6 of this Article.
In the case of authorization for the project management, the investors shall have to direct, inspect and take responsibility for the results of the implementation of project management. Project Management Board responsible before investors and law duties and powers authorized by investors.
In the case of hiring project management consultants, the investor has the responsibility to inspect, supervise and monitor the implementation of the consultant contract project management. Project management consultants responsible before investors and law for the implementation of commitments in the contract.
Article 5. The duties and powers of the investors in the case of application of the general contractor for setting up investment projects in construction, design, equipment supply and construction technologies building works (form of turnkey general contractor)
this case the investor does not directly manage the implementation of investment projects, but must perform the following tasks:
1. Approving the design task by general contractors.
2. Check the capability of contractors than tender. 3
. Approving the construction progress of the work and the time of completion and acceptance of construction works;
4. To receive completed work records, organizations accrediting construction if necessary as a basis for completion of the project acceptance.
5. Perform other tasks as needed to check the quality of the work, but must be specified in the contract with the general contractor building.
6. Checking and acceptance of completed works under the provisions of Article 26 of Decree 209/2004 / ND-CP.
7. Require the general contractor to manage the quality of the survey work, design and construction of works other than the investor has carried out as specified in Clauses 1 thru 6 of this.
Article 6. Duties of the investors in the case of application of Build-Business-Transfer (BOT) contracts and Build-Transfer-Operate (BTO) contracts, the Construction transfer (BT)

1. Enterprise project (investors) performing all the tasks of managing the quality of the investor under the provisions of Article 4 and Article 5 of this Circular.
2. State agencies have jurisdiction shall:
a) Monitoring and inspection engineering design projects by enterprises established under current regulations;
B) Organization of work quality assessment to determine the damage (if any) and request project enterprises carry out repair and maintenance works as prescribed.
C) The transferee as buildings and equipment and assets related to the operation of the facility has been maintained and repaired as agreed in the project contract.
D) Coordinate with Investors compile dossiers handed over buildings as the legal basis for the transfer of the project. 3
. The mission of the Enterprise Project and the State agencies competent in managing the quality of construction works must be specified in the project contract was signed between the State management agencies competent and Investors.
Chapter III.
SOME GUIDANCE ON CONTENT MANAGEMENT SURVEY QUALITY CONSTRUCTION, CONSTRUCTION DESIGN, CONSTRUCTION WORKS AND SETTLEMENT OF DISPUTES QUALITY CONSTRUCTION AND INCIDENTS OF CONSTRUCTION WORKS | || Article 7 Monitoring construction survey as provided for in Article 11 of Decree 209/2004 / ND-CP
1. Investors shall appoint qualified people fit type construction survey work to supervise the construction survey. Where no appropriate expertise, investors hire organizations and individuals with relevant expertise conduct surveillance.
2. Cost monitoring construction survey are included in the total investment, construction cost estimates.
Article 8. Duties construction design as stipulated in clause 1 of Article 13 and Article 14 of Decree 209/2004 / ND-CP
1. Investors are responsible for setting up or hiring consultants duty construction design. Tasks designed to fit the investment policy has been approved by the competent authorities.
Task design approved by investors as a basis for the project consultants construction investment. Before approval, the investor may invite organizations and experts examine suggestions or design tasks when necessary.
2. Design tasks must specify the following basic content: the goal of building works; the basis for formulation of design tasks; construction sites; requirements planning, landscape architecture and for construction land; scale works; requirements for utilities, architecture, art and engineering works. 3
. At the design stage, design tasks can be added in line with actual conditions to ensure the effectiveness of the investment project for construction.
Where the addition of tasks designed to change the basic design changes leading to the location, planning, scope, project objectives or exceed the total approved investment, the investor must report Advertising investment decider decisions.
Article 9. Evaluating and approving the construction design as stipulated in Article 18 of Decree 12/2009 / ND-CP
1. Investors to organize the evaluation and approval of engineering designs, construction drawing design as stipulated in Article 18 of Decree 12/2009 / ND-CP.
Technical Design investor must be stamped approved form of Appendix 4 of this Circular to the drawings as a basis for organizing the stage design of construction drawings.
2. Design of construction drawings to be investors or authorized representative of the investor certified by signature and seal were approved in the form Annex 5 on each drawing sheet before commencing construction.
3
. Investors may hire consultants to verify the technical design, construction drawing design (including in the case of three-step designing) a portion or all of the contents of the evaluation referred to in paragraph 1 of Article 18 of the Decree 12/2009 / ND-CP to provide a basis for evaluation and approval. Examination results are expressed in writing and not a substitute for the evaluation of the investor.
Article 10. Adjust design prescribed in Clause 1, Article 17 of Decree 209/2004 / ND-CP
1. In the course of construction works, the investor is entitled to adjust the design to find that the irrational factors will affect the quality of projects, construction progress, construction methods and investment performance of the project.
2. Design contractors are obliged to amend, supplement or change the design unreasonable if caused by their faults and may refuse the request to adjust the design irrational investor's construction submit. Investors may hire another contractor design make modifications, additional design changes in case the original design contractor does not implement this. Contractors designed to make modifications, additional design changes must be responsible for the quality of the amendments and supplements to change this design. 3
. Where the design adjustments do not change the location, construction planning, objectives, scope, or not exceed the total investment amount of the project was approved, the investors are free to modify the design. The content design adjustments must be evaluated and approved again.
Article 11. Design Author supervision comply with the provisions of Article 22 of Decree 209/2004 / ND-CP
1. Contractors designed to supervise the design author:
During construction, contractors set up engineering design for the case of three-step design and contractor design up to construction drawings case design with a step or two steps to perform author supervision. Contractors designed to deal with investors in the event of termination of the author's supervision during construction contract to design the building.
Contractors construction design appoint qualified to perform author supervision during construction under the supervision regime occasional or regular monitoring if investors have requested private.
2. Content design author supervision must be reflected in the contract construction design includes the:
a) Explain and clarify the project design documents upon request of the owner investment, construction contractors, contractors and construction supervision;
B) coordinate with the investors upon request to settle problems arising in the design of the construction process, design adjustments in line with the actual construction work and with the investor's requirements when needed;
C) detect, timely notification to the investors or the state authorities competent for the execution wrong with the approved design and propose remedial measures.
D) Join accept the building, parts of the work, the construction phase, construction items and works as investor demand.
E) Record diary works construction or supervision diaries of investors or written express their opinions in the process of implementing design author supervision.
Article 12. Quality Management Systems in the field of construction contractors comply with the provisions in clause 1 of Article 19 of Decree 209/2004 / ND-CP
1. Quality management systems of construction contractors must be presented and explained right in the tender and shall be notified to the investor know before construction.

2. Documents explaining the quality management system must clearly indicate the content:
a) organizational chart of the department, individual construction contractors responsible for quality management suit needs, the nature and size of each construction site; rights and obligations of the department and individuals in the management of construction quality.
B) plans and methods of quality control, quality assurance works include:
- control and ensure the quality of supplies, materials, structures and building products, equipment Power tools and technological devices used or installed in buildings.
- Control and quality assurance, ensure the safety of construction work.
- Forms of supervision and internal quality management and organization of internal acceptance.
- Planning and organizing experiments and accreditation; monitoring and measurement of technical parameters of the project according to design requirements.
C) The process of establishing and managing the records and documents involved in the process of construction and acceptance; the form and content of log construction works; processes and internal reporting forms, investor reporting; issuing and processing of written notice of the opinion of the construction contractors, petitions and complaints with investors and with the parties involved.
Article 13. Acceptance of internal construction contractors comply with the provisions of Point e, Clause 1, Article 19 of Decree 209/2004 / ND-CP
Before requesting investor acceptance , construction contractors must inspect, confirmed the suitability of the quality of the construction work they have performed against the requirements of the design and technical instructions enclosed with construction contracts. Depending on the characteristics and size of each building, internal acceptance test results can be made between the test records directly in charge of the construction and construction supervision of contractors construction or with the appropriate commitment to the quality of construction contractors reflected in stock requires the investor acceptance.
Article 14. Inspection and monitoring the quality of supplies, materials, components, construction products and equipment to be installed on the work carried out under the provisions in Clause 1, Article 19 and c, Clause 1 Article 21 of Decree 209/2004 / ND-CP
1. The supplies, materials, structures and work equipment, technological equipment (collectively, the product) before it is used or installed in buildings must be invested in organizing the inspection of compliance of quality as required by the regulations, technical standards applicable to the work and design requirements. The results confirm the suitability of quality must be made in writing.
2. Form check on quality conformity is defined as follows:
a) For the products of industrial production and the goods on the market:
- Investors check out origin, trademarks, announced the conformity of the quality of the production, certification of quality conformity with the Law on product and goods quality, Commercial Law and other legal provisions involve.
- Investors may inspect or require contractors to inspect goods production base; experiments, testing the quality of goods when in doubt or at the request of the design and requirements of the regulations and technical standards applicable to the work.
B) For products that are produced, manufactured first used to work at the request of the design:
- If the product is manufactured, manufactured in production facilities industry: investor quality control as specified in this clause in conjunction with the periodic inspection or irregular in the production process.

- If the product is manufactured, fabricated directly on site: investor quality monitoring organization as defined in Article 21 of Decree 209/2004 / ND-CP.
C) For construction pits are mined for the first time: the investor organizations require contractors or organizations survey the mine as required quality of design, codes and standards relevant technical standards. Check periodically and irregularly in the mining process; experiments, testing the quality of materials required by the design, regulations and technical standards applicable to the work.
Article 15. Diary of construction works prescribed in Clause 1, Article 19, Clause 1 of Article 21 and paragraph 2 of Article 22 of Decree 209/2004 / ND-CP
1. Diary of construction works to describe the situation of work and records information exchange between investors, construction contractors, contractors construction design and related parties other. Construction contractor is responsible for set up the log construction works. This book should be paginated, sealed by construction contractors and certified by the investor. Diaries construction can be made for individual work items or construction works. The recording of information exchange must be done regularly.
2. The contents of recording information including:
a) List of the technical staff of the parties directly involved in the construction (the title and duties of each person): construction, supervision construction, design author supervision.
B) The situation of the construction on the site daily; detailed descriptions of incidents, damage and the breach, variation in the construction process on site.
C) The recommendations and opinions steering solve arising issues of the parties involved.
Completion drawing Article 16 stipulated in Clause 1 of Article 21 and Article 27 of Decree 209/2004 / ND-CP
1. Construction contractor shall make completion drawings of construction parts, construction items and constructions under construction on the basis of the design approved construction drawings as a basis of acceptance. Particularly obscured parts of the works have been accepted and completion drawings made before conducting the next job.
2. Methods of making and confirming completion drawings are guided in Appendix 6 of this Circular.
Article 17. Acceptance and Transfer of construction works, construction and put into use as prescribed between investors and managers, building owners use
1. Where the investor is not the owner managers or users of works, when completed acceptance works, construction works to put to use the investor can invite managers or users works witness if required acceptance.
2. Investors are responsible for handing over the project to managers or users of works held after completion of the project acceptance. Handing over the project results must be recorded in writing.
When the handover, the investor must deliver to managers or users of works of the following documents:
a) design dossiers and completion drawings of, the relevant documents to the commissioning, warranty, maintenance, and other documents on file with the completion of works at the request of managers or users of works;
B) A list of equipment and spare parts, supplies and reserves are not installed or used. 3
. Where applicable the transfer of works contracts Construction-Trading-Transfer (BOT) contracts and Build-Transfer-Operate (BTO) contracts and build-transfer (BT), the housing agency competent and investors meet to consider the transfer conditions specified in the project contract and Article 32 of Decree 78/2007 / ND-CP.

Profile Article 18 completed works, construction works (hereinafter referred to as the completion of the project profile)
1. Work completion records include documents related to investment and construction of investment policy; construction investment projects or economic reports - construction techniques (in cases where only economic report construction engineering); Construction survey; construction design to construction works; acceptance of the building and construction department, stage construction works, construction works.
Catalog and specifications completed construction documents guided in Appendix 7 to this Circular.
The investor responsible organization documented work completion. Number of files completed works by the investor decides on the basis of agreements with contractors and stakeholders.
2. Profile completed works must be complete before putting works or works in mining and operational. Completed work records can be set once for the entire project construction investment if the works (works) in the project is put into operation, using the same time. Where the works (works) of the project is put into operation, using at different times, you can set up profiles for individual projects completed each work (work items) it. 3
. Investors shall pay recordkeeping design, drawings and records of completed works as prescribed. Own design documents, completion drawings and documents related to the operation, exploitation, maintenance, upgrading, renovation or repair work has to be stored after the end of life or permanent works Far as prescribed. Case managers or users of works are not investors, managers or users are responsible for project documents stored as prescribed above.
4. Bidders are responsible for storing documents related to the jobs they have done with the minimum storage duration is 10 years.
Article 19. Specialized construction experiments, testing and assessment of the quality of construction works, certified eligible prudential bearing constructions and certification of conformity of the quality of
1 construction. Specialized laboratory building Laboratory
specialized construction engineering operations in order to determine one or more characteristics of construction products, construction parts or construction under certain processes.
The specialized field of experimental construction include construction soil testing, water testing used in construction; construction materials testing, experimental structures and building products; Laboratory construction structures and other laboratory areas.
2. Quality inspection of construction works
Accreditation is building inspection activities, define the quality assessment or quality conformity of construction products, construction parts or works construction compared to the design requirements and regulations, technical standards are applied. Quality inspection of construction work is done by means of observation combined with the assessment of the measurement results, the experiment (with or without experiments).
The field of quality inspection of construction works include: accreditation of construction land; test water quality used in construction; testing of building materials, construction products, building structures; structural inspection of construction works; construction inspection and other inspection areas. 3
. Assessment of the quality of construction works

Inspection construction quality is the accreditation activities of construction works was held implemented by the State management agencies authorized or required by these agencies.
4. Confirmation qualified safety certificate bearing
eligible bearing security is to check and certify the survey, design and construction comply with the provisions of law on quality management, meet the safety requirements of the building bearing or work items.
Qualified Certified safety bearing is required to be made to the building or construction works when incidents occur due to loss of bearing capacity can cause disaster for people, property and the environment before putting it into use. The certification qualified bearing safety regulations comply.
5. Certificate of conformity of quality of construction works
Conformity Certification for the quality of construction works is the evaluation and certification of buildings or items, construction parts are designed, construction in line with regulations, technical standards and technical requirements for the project application.
Conformity Certification for the quality of construction work is done only at the request of the State management agency on construction or at the request of the investor or owner on the basis of requests insurance organization works, the organization and individuals to buy, manage or work. The certificate of conformity of quality of construction works carried out according to regulations.
6. Specialized laboratory construction, testing and assessment of the quality of construction works, certified eligible prudential bearing constructions and certification of conformity of construction quality (collectively rated conformity Assessment of quality of construction works) is the construction activities that require the capability conditions specified in Clause 2, Article 36 of Decree 12/2009 / ND-CP. Organizations and individuals to assess the quality conformity of construction works to ensure eligibility prescribed capacity and must register on the information system of the Ministry of Construction and operational capacity organizations and individuals in construction activities in the country, including foreign contractors in construction activities in Vietnam.
Article 20. Settlement of disputes about the quality of construction works
1. Disputes over the quality of construction work happening when different opinions about the quality of products, quality of construction parts and construction quality.
Disputes over quality can occur between participants in construction and among entities with the owners, managers or users of the surrounding buildings and the parties other relevant.
2. The order of resolution of disputes about quality
The settlement of quality disputes are conducted according to the following step sequence:
a) Self negotiations between the disputing parties.
B) Hiring organizations and individuals are eligible prescribed capacity to conduct quality inspection of construction works.
C) To request the State management agency on construction to evaluate and conclude on the quality or the agency proposed organizational assessment of the quality of construction works.
D) initiate lawsuits and resolve disputes through courts. The procedures prescribed by the relevant legislation.
Article 21 Classification of work incidents, order and inspection reports to determine the cause of the incident
1. Construction incidents are classified according to the degree of damage of the following:
a) I incidents include one of the following damage:

- Damage of a special grant to affect safety of the facility, causing no collapse or breakdown of construction works.
- Collapse or breakdown of grade I and grade II or parts of the work of the special level but does not cause damage to people.
- Collapse or breakdown of work parts or buildings at all levels to cause damage to people from 3 or more.
B) Level-II incidents include one of the following damage:
- Damage of grade I and grade II affect the safety of the building, causing no collapse or breakdown works.
- Collapse or breakdown of grade III and IV buildings or parts of buildings and high-end but did not cause damage to people.
- Collapse or breakdown of work parts or works of all grades (except special level) cause damage to person 1 to 2 people.
C) Issue III include one of the following damage:
- Damage of grade III and IV would affect safety of the facility, causing no collapse or breakdown works.
- Collapse or breakdown of work parts or works III, IV but does not cause damage to people.
2. The order and the assessment report to determine the cause of the problem works:
a) Investor reports the incident occurred in construction is construction or owners or managers use reporting incidents in construction is used, operation and exploitation under the provisions of Article 35 of Decree 209/2004 / ND-CP sent to the state authorities the following: | || - provincial people's Committee for the incident level III;
- Provincial People's Committee and the Ministry of Construction for the incident level I and level II;
B) state management agencies have the responsibility to guide or organize the examination to determine the cause of the problem, depending on the level of incidents are defined as follows:
- provincial People's Committee or authorized agencies for incidents of all levels;
- MOC or authorized agencies for the incident level I and level II when Prime requirements or provincial People's Committee proposal. The ministries managing specialized construction works shall coordinate with the Ministry of Construction in performing this task.
Chapter IV.

IMPLEMENTING PROVISIONS Article 22. Effect
1. This Circular takes effect as from September 15, 2009 and replaces the contents of the quality management of construction works stipulated in Circular No. 12/2005 / TT-BXD dated 15/7/2005 " guiding a number of contents on Management of construction quality and capability conditions of organizations and individuals in construction activity ", appendix 01 Circular No. 02/2006 / TT-BXD 05/17/2006 "guide recordkeeping design, completion drawings of construction works".
2. In the course of implementation, if any problems arise, organizations and individuals submitted comments to the Ministry of Construction for consideration and settlement.

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