Decision 102/bxd-Manager: Enacting The Charter Of Quality Management Of Construction Works

Original Language Title: Quyết định 102/BXD-GĐ: Ban hành Điều lệ quản lý chất lượng công trình xây dựng

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$20 per month, or Get a Day Pass for only USD$4.99.
CHARTER of quality management of construction works (attached to the decision of the Minister no. 102/BXD-GD 6-15-1992) chapter I GENERAL PROVISIONS article 1. The basic requirements of quality management of construction works: the management of the quality of building construction is an important basic construction management in order to make the construction of specific features must be on ensuring the efficiency of investment, stability , safety, comfort, aesthetics, environment, consistent with the standards, processes, the relevant rules.
Article 2. Basic principles of quality management of construction works: 1. Precautions not to breach the quality arises.
2. In all the stitches, from construction to construction preparation, put the work into production, use.
3. Detection and timely handling of the infringement on the quality of the construction work, not to cause trouble to do damage to people and of.
4. Strictly obey the laws, the economic benefits associated with the responsibilities of all members is related to the construction of the works for quality assurance.
Article 3. The content of the quality management of construction works.
A. GOVERNANCE 1. Appropriate agency organization to manage the quality of construction works.
2. Issued or the State issued the policies, standards, processes, rules and regulations applying to foreign standards and ISO regarding the quality of construction works.
3. Inspection, testing, State examiners and arbitration to resolve the dispute about the quality of construction works.
4. Governance of the activities on the management of the quality of construction works.
5. training, professional training, scientific research, international cooperation and professional information about the quality of construction works.
B. MANAGEMENT Of The QUALITY Of The PRODUCTION UNIT 1. Have the appropriate organization to check product quality management, public works formulate a systematic way.
2. The production of building materials, goods and equipment used in the construction is responsible for product quality and quality management according to the regulations of the State.
3. The unit of survey, design, construction and installation must have a quality management process suitable products, responsible before the law about his part in construction work, are prescribed warranty period. The process of putting the works on the use, production, if there are major problems in the still works at longevity, survey, design, construction still suffered prejudice responsible if the cause of the problem which is caused by violation of the quality survey, design, construction and installation.
4. The unit is owner of construction works: a) The process of State-owned investor is responsible for managing the quality of construction works in a comprehensive manner. If not enough technical level to hire construction organizations (or individuals) are qualified professionals to manage quality works.
b) works in the possession of the other. The owner if not qualified to hire construction engineering organizations (or individuals) are qualified professional perform construction and quality control of works. The owner is responsible before the law on the procedure of building environmental protection, safety and fire prevention.
Article 4. The process of building quality standards to be trials, granting the use, must have the following minimum requirements: 1. quality testing records each part and whole, complete the profile; profile manual, warranty certificate, license put the work into use.
2. The work is built according to the plan and the provisions of the building permit.
3. technical design the right legal process and meet the requirements of the technical-economic justification, the technical-economic report be browser or building requirements.
4. Building materials, the equipment put in the work to ensure quality by design planning.
5. Construction standard technical procedures, proper building permit, the right technical design.
Article 5. Scope and object to apply a statute.
1. The scope of all construction work, irrespective of the scale, new construction, renovations, repairs, regardless of resources, investment form, the form property must comply with the provisions of this Charter timeframes.
2. Object: applies to all organizations and individuals in the economic sectors, including the organizations and individuals who are foreign to the practice of building in Vietnam.
Article 6. To ensure the quality of construction works, is strictly forbidden.
1. Any deceitful about the quality of construction works;
2. Use the têu standard of the industry standards, Vietnam has been discontinued, the standards of foreign countries when the competent authority has not yet been enabled.
3. Use people who do not have the expertise, not correct specialization to quality management of construction works.
4. Delivery put to use each section or the whole project when not yet.
5. Every organization, individuals do not have licensed implementation of business building (including survey, design, construction, technical inspection).
Article 7. The liability of the Organization, individuals involved in construction work.
1. organizations and individuals would make the section would then be responsible before the law for the quality of the work pieces.
2. organizations and individuals would make the monitor, check the reviews section quality work would then be responsible before the law about the test results of quality evaluation that part works.
CHAPTER II QUALITY MANAGEMENT of CONSTRUCTION ITEMS 1 to ENACT and APPLY the STANDARD of article 8. Construction standards are technical legal texts, rules, norms, technical requirements, test methods, quality control for construction products built in the preparatory phase of investment, building construction, preparation, delivery and use of works.
Article 9. Vietnam standards (ISO) in construction including mandatory applicable Vietnam standards and encourage Vietnam standards apply.
1. The compulsory applicable Vietnam standard is the standard stability-related durability, longevity, safety, hygiene, environmental protection, fire prevention works.
The Organization, building practitioners are required to commit to apply the Vietnam standards, industry standards (BC) when it signed the construction contract with the owner.
2. Standard defects using the standard to improve the quality of construction works, have higher quality norms stipulated by Vietnam standards, industry standards.
3. Every two years the Ministry of construction announced in writing listing the Vietnam standards, mandatory industry standards applied in construction.
Case of need to use the standards of foreign countries must be agreed upon.
2 ENTRIES for QUALITY MANAGEMENT SURVEY, surveying the CONSTRUCTION article 10. Every survey, surveying the building to make the right technical approach was browsing, process, rules and standards. Technical report, survey, surveying the building must be considered, in accordance with the technical process. The landmark measure, the survey document profile measurements must protect and store full, not reduce initial accuracy.
Article 12. Prohibition of the employment of the following: 1. Survey, surveying the building does not have licensure or licensure borrowed.
2. Use of the survey results, the measurements were available from before that drug test, no reviews.
3. Provide the metrics, fix, data erasing, recording the scene.

4. Escape check, verify, document review survey of construction by State regulations.
3 ITEMS of QUALITY MANAGEMENT for DESIGN BUILD article 13. For design units: 1. The design must meet the requirements set out in the technical-economic justification (or technical-economic report) approved and comply with legal processes, economic-technical norms, State standards. All the things that have to be expressed specifically in the design of contracts between the parties.
2. The design, establishment of estimation must be conducted in accordance with the provisions article 16, 17 of the Charter the basic construction management under Decree 385-dated 7-11-1990.
3. Must the technical inspection organization, marked the previous design quality control at records, full implementation of copyright and author supervision mode. For complex engineering structures Ministry designed to organize design review under the current rules.
4. technical design records must ensure sufficient regulatory content is attached.
Sculptures made of 14. The assessment and review of technical design, the total construction work must be conducted according to the hierarchy has been stipulated in Article 18 of the Charter the basic construction management under Decree 385-HĐBT and follow the writing guide of the Ministry of construction.
Article 15. Only the new design organization has the right to modify the design as needed but the modification was not at the base with the other technical design has been approved by the authority. The changes also must pass testing procedures, regulatory review.
Article 16. Prohibition of the employment of the following: 1. technical design without documentation survey, measurements or measuring survey document was not authentic; design works not yet have justification technical-economic or technical-economic report.
2. Delivery of drawings that do not pass quality control, not enough check marks.
3. Cheating in the calculation of estimation, deliberately wrong volume, raise the price.
4. Escape check, review of design quality.
ITEM 4 of QUALITY MANAGEMENT in BUILDING WORKS article 17. Construction organization when conducting building works must be ensured in accordance with the design, process, rules the State standard, according to the contract. To organize internal quality control, facilitates the monitoring of the author of the design, technical supervision of the owner.
Article 18. In the implementation process of the contract construction organization must: 1. Make a full record, recorded books, the complete profile testing in accordance with the regulations.
2. Report to the owner and Manager of construction quality when discovered the flaws.
3. Be responsible, organized at the premises of construction inspection division of Indian work, the Department has a complex structure requires technical proficiency and high technology.
4. Preserve, preserving the good drawing do technical records and document storage.
Article 19. Prohibition of the employment of the following: 1. Use of products, materials, machinery, poor quality of equipment, inappropriate or insufficient number of categories according to the regulations of the design take on the work.
2. Don't do enough experiments as required for the work and products, deceptive results of experiments.
3. Cheating the volume, the quality in the settlement.
4. Escape the testing, inspection, quality construction.
5. Construction works have yet to be designed and approved estimates.
Section 5-TEST CONSTRUCTION article 20. The testing and delivery of construction work between owner and construction organizations must do immediately after finishing each stitch work primarily, each Department works in each of the categories of works or entire works as 32 Charter of basic construction management under Decree 385-HĐBT and Vietnam have standard regulations. Competent authorities only permit the use of works when the work was valid, console.
Article 21.
1. Allow the temporary use of works or some categories of works in the following cases: a) works but also a number of unfinished parts also some shortcomings but the party can unify to temporarily use if found not to affect the stability of constructions , to this General Assembly.
b) projects have been completed stated construction in construction and installation contract.
In any case, there should be consensus between the owner, the construction organization design, organization of direct administration use that works.
2. temporary use permit is required of the competent authority which clearly: a. the time limit for temporary use;
b. the conditions needed to ensure and the repair work should proceed;
c. time limit for completion of the necessary conditions and guarantees the repairs mentioned above.
3. If the work does not guarantee the condition or repair as required in the permit, the Agency for permission to use has the right to collect the temporary license.
SECTION 6 QUALITY MANAGEMENT in the PROCESS of USE of WORKS Article 22. The use of the works handed over according to the capacity and the requirements set out in the technical-economic justification, the technical design has been approved by the authority, not arbitrarily change the features or renovate, expand the basic architecture change, structures.
Article 23. Home works is responsible for observation of deformed organization works, prepare to track, maintain the preservation of the repair works often prescribed for these important works and technical complexity.
When construction work has the problem, local damage deformation, collapse, the owner must have the right text works with building management bodies in accordance to the provisions of the State to organize the investigation, determine the cause.
Section 7 INVESTIGATING, ASSESSING the ISSUE 24 Article WORKS. All the construction works under construction, has already finished or are used, in the event of a collapse of parts or all of the works are not arbitrarily delete clean up the scene when not done requests for collecting, recording, measuring, photographing, making the investigation documents analysis of the cause of the incident and the attribution of responsibility according to the regulations.
The investigation, the judge issues the work must be conducted in accordance with the regulations issued by the Ministry of construction.
Section 8 WARRANTY and CONSTRUCTION WORKS INSURANCE article 25. Construction warranty:-all buildings regardless of ownership, capital of the scale must be covered in all of the stitches (survey, design, construction and installation) under the provisions of the State.
-Insurance of construction works: the State encourages application form for insurance of construction works on the principle of ensuring timely processing of face legal and financial procedures for incidents that occur in the process of construction and use of buildings; Add the responsibility of parties to build with quality works to prevent the loss of loss can occur.
CHAPTER III the QUALITY MANAGEMENT SYSTEMS of CONSTRUCTION WORKS Article 26. State management system of the quality of construction works shall be as follows: 1. Inspection Bureau of design and building construction in the State have a duty to help the Minister responsibility system construction for the State management of the quality of construction works directed guidance to the branches and units about construction quality management construction.

2. the construction of the central cities, (collectively referred to as the Department) shall assist the people's committees implement task management on the quality of the work the province according to the law; guidelines and implementation testing, inspection of the State inspection of the quality of construction works and professional direction to the units involved, the management quality works on the local level.
The room design and construction inspection department shall assist the Department of building construction management responsibilities the State of quality of construction works on the local level.
3. The Ministry has many important constructions are the Organization of specialized departments to help track the Minister, the management of the quality of construction works, the Department of construction management majors of the province (such as traffic, irrigation) to have quality management organization specialized in local construction.
4. The Ministry of construction in cooperation with the Scientific Committee of the State, the Ministry of the people's Committee, the planning and construction of network organization or laboratory Center can afford to participate in testing the quality management systems of construction works.
Article 27. Quality control laboratories are recognized as qualified testing room identify some targets on the quality characteristics of the construction works. Design Inspection Bureau and State-building in cooperation with the Directorate for standards and quality of the Scientific Committee of the State to organize the recognition of laboratories accreditation.
Article 28. The Ministry of construction announced the annual list of the State's important works are required to register the quality assurance process before construction. The State encourages the organizations to build permanent registration quality assurance works to enhance the quality of the product in the construction industry.
Article 29. The science and technology base in the ministries, local, if have expertise and technical equipment are involved in quality inspection of construction works according to the laws of the State.
Article 30. All of the economic contract in construction must have the quality commitment terms and specify units or individuals who check the quality of the final product.
Article 31. Operation of quality management system of construction works must follow the law and the provisions of this Charter. The unit or individual guarantee received the management would be liable under that section. The conclusion, processed in breach of the quality of construction works to be taken seriously; If handled incorrectly, causing economic losses of units (or personal) it must compensate and dealt with before the law.
CHAPTER IV CHECKING and INSPECTION of the QUALITY of CONSTRUCTION WORKS Article 32. Quality control of construction works in two parts: 1. examination of the facility due to the production of building materials, survey, design, construction and installation, the owner proceed according to regulations.
2. Check the State of the State administration of quality progress.
Article 33. The following works are required to check the State of the quality of construction works right from the start of construction works.
1. Works when there is a problem that will affect many lives.
2. The process of making important foreign properties.
3. foreign works do or doing the same with Vietnam in the country side in the matter.
Article 34. The State inspection on quality of construction works is the activity of the State administration for the inspection of the observance of the law on the quality of construction works; proposed preventive remedies, remedy, terminate the acts, breaking the law on the quality of construction works.
Article 35. State inspection regime for quality construction including: 1. periodic inspection; be conducted according to the rules or the Agency's inspection plan administration about the quality of construction works and to inform the base.
2. unscheduled inspections are conducted when State regulators about the quality of the works necessary to resolve disputes, or complaints, accusations about the quality of construction works and does not inform the facility.
Article 36. The content of the State inspection of the quality of construction works is that the technical content of this Charter and the provisions of the Ordinance on the quality of the goods.
Article 37. Every organization and individual have the right to complain to the agency that manages the quality of construction works and the Government about the conclusion and processing measures when the quality inspection of construction works at the facility if it finds no match. The decision of the State administration for quality construction and superior technical issues when force must be executed immediately.
Chapter V the SANCTIONS INFRINGE on the QUALITY of CONSTRUCTION WORKS Article 38. In addition to sanction on violation of the quality of construction as outlined in chapter IV of the Charter the basic construction management under Decree 385-HĐBT also sanctioned the Administration violates the following: 40.1. Breaking into the prohibited things stated in articles 6, 12, 16, 19, 22 will be fined.
From 1.000.000 VND to 2 million.
40.2. Not done correctly the requirements as stated in articles 18, 24, 33, 34 (about the construction, engineering and inspection quality works) will be fined.
From 1.000.000 VND to 2 million.
40.3. Do wrong of any point in the design was browsing will be fined.
From 1,500,000 to 40.4 2 million. do any wrong in the process of review and approval of design will be fined.
From 1.000.000 VND to 2 million.
Money is forfeit when the violation of the regulations on the quality of construction works is the individual or collective money involved, no capital investment or public funds to pay the fine.
Article 39. Organizations or individuals repeatedly violated the regulations on the quality of construction works in addition to the monetary penalty processing can also be revoked the business license of the construction.
The Ministry of construction will specify the jurisdiction and procedure of the fine adjustment of the sanctions infringe on the quality of construction works.
CHAPTER VI ENFORCEMENT PROVISIONS Article 40. The rules take effect from the date of signing.