The DECISION of the MINISTER of CONSTRUCTION Of the enactment "statutes applicable construction standards in construction activities in Vietnam," CONSTRUCTION MINISTER pursuant to Decree No. 36/2003/ND-CP on 04/04/2003 of government functions, tasks, powers and organizational structure of the Ministry of construction;
Pursuant to Decree No. 209/2004/ND-CP on December 16, 2004 by the Government on managing the quality of construction works;
According to the proposal of the Director General, science and Technology Director of legislation, decision: article 1. Attached to this decision: "the regulations applying to foreign construction standards in construction activities in Vietnam".
Article 2. This decision has the effect after 15 days from the date The quote and replace the provisions in circular 07/1999/TT-BXD of Ministry of construction on 23/09/1999 on "Guide to management and the application of standards, technical building".
Article 3. The Chief of the Department, Director of science and technology, Director of the Legal Affairs Committee, Chairman of provincial, city, municipal, Director of the Department of construction and the heads of the agencies, the relevant units responsible for the implementation of this decision.
The REGULATIONS apply to foreign construction standards in construction activities in Vietnam (attached to decision No. 12/2005/QĐ-BXD dated 7/1/2005 of the Minister of construction) chapter I GENERAL PROVISIONS article 1. Scope this regulation regulates the application of construction standards of the countries of the world, of the international standards organization, the regional standards organization (hereinafter referred to as foreign construction standards) in building activity on the territory of Vietnam.
Article 2. The object to apply The organization, individuals in local and foreign construction activities on the territory of Vietnam when applied construction foreign standards on construction activities must comply with this regulation.
Article 3. The principle of applying the standards of foreign construction 1. Make sure to create the works, building products: a) safe use for people, works and surrounding buildings;
b) meet Vietnam's regulations on safety, protection of the environment;
c) achieved the technical economic efficiency.
2. Ensure viable and in the building process from design, construction, testing for the works and in the overall public works.
3. To use the input data relevant to specific conditions specified in the Vietnam construction standards required to apply in the following areas: a) climate, natural conditions;
b) hydrological, geological conditions;
c) partition-level earthquake, earthquake;
4. foreign construction standards applied must meet with the requirements and regulations of the Vietnam construction standards.
Article 4. Governance adopting the Foreign Ministry building standard construction management the application of construction standards. The management of specialized construction works is responsible for coordination with the Ministry of construction management of the application of foreign standards for the construction of specialized works.
Chapter II CONDITIONS for the APPROVAL and the AUTHORITY to APPLY the STANDARD of FOREIGN BUILDING article 5. Standard conditions of construction abroad are selected to apply the foreign construction standards are applied in the selection of construction activities on the territory of Vietnam must meet the following conditions: 1. Ensure the principles as defined in article 3 of this regulation;
2. Is the current construction standards;
3. The regulations must meet with the Vietnam construction standards;
4. Must be the investor considering the options and decided to apply before making the basic design;
5. for works which use the State budget, as had the Vietnam construction standards in related fields must use the standards of Vietnam. In special cases apply foreign construction standards should be or The management of specialized construction approved.
Article 6. The authority approved the application of construction standards abroad 1. Who decided to invest The investment decisions and review authority decided to adopt foreign construction standards meet the principles and the conditions in article 3 and article 5 of this regulation.
2. The construction of The building directly off the text approved construction standards applicable in the following cases: a) for works according to the provisions in clause 5 article 5 of this regulation, the application of construction standards in the field of foreign civil works construction , industrial buildings (except the industrial management by the Ministry of industry), public works and urban infrastructure works because the Prime Minister asked.
b) works of applied foreign construction standards have technical guide content not yet mentioned in the Vietnam construction standards.
3. The Ministry of construction management majors, The Ministry has the management of specialized construction works directly out of consideration, the text approved apply foreign construction standards prescribed in clause 5 article 5 of this regulation for the specialized construction and send the profile approval of Ministry of construction, to manage particular, the following: a) the Ministry of agriculture and rural development: irrigation, Dyke;
b) Ministry of transportation: transportation;
c) Ministry of industry: mine, oil and gas, power plants, electrical transmission lines, substations and industrial specialization.
Chapter III REVIEW of APPROVED CONSTRUCTION STANDARDS ABROAD article 7. Profile sign construction standards applicable to foreign registration applies construction standards set by foreign investors include: 1. Send The investment decision or The construction or management of specialized construction proposal review, approved for use in the construction of offshore construction works on the territory of Free South.
2. Catalog item number and the contents of foreign standards attached, which include: a) A foreign language b) Vietnamese translation.
3. A presentation on the application of the standard, which stated: a) reason, purpose, applicable content standards;
b) analyze the meet the conditions under article 5 of these rules and recommendations attached if available.
Article 8. Review the approved application of construction standards abroad 1. The investment decision and evaluation Organization decided to apply foreign construction standards under the authority and scope of the provisions of paragraph 1 of article 6 of this regulation. The case of incompetent about professional advice hire then verified before the text.
2. managerial authority building standards of the Ministry of science and Technology Service is responsible for receiving, inspecting records, held to review evaluation the application of construction standards, the Foreign Ministry or the authorized leader of The text approved or not approved the application of construction standards on construction work at Vietnam.
3. When records are not adequate due diligence review conditions, within 5 working days from the date of receiving the agency records that the text requires organization, additional individual finishing profile.
4. The time limit for the agency that accepted the application of construction standards abroad no more than 15 working days from the date of receipt of a valid application in accordance with article 7 of this regulation.
5. The fee for evaluation and verification costs apply to foreign construction standards are excerpted from the funding source of the project.
6. The investment decision, the Ministry of construction management majors when out text approved the application of construction standards for foreign foundations need to send to the Ministry of construction (science technology) a record consisting of: approves the text, categories and standards are applied (a foreign and Vietnamese translation) to sum up the track , management.
Chapter IV the TERMS OF IMPLEMENTATION of article 9. Check the application of The investment decision or competent bodies out the applicable approval construction standards abroad are responsible for inspecting periodically or irregularly applying standards. The owner works apply foreign construction standards are responsible for the full and honest report on the State of application of foreign standards in his unit when checked.
When discovered the application of construction standards abroad in violation of this regulation, the investment decisions or agency is responsible for establishing the interim report on the application of standards and asked the owner to take measures to remedy the breach.
Article 10. Handle forward works and construction investment projects had accepted the application of foreign standards of the building before the effective date of this regulation be continued to follow the agreements recorded in writing approved. The new need of additional works, the above mentioned projects and works, new construction investment projects from the date this regulation in effect will implementing prescribed in this regulation.
Article 11. Effective this regulation replaces the provisions of circular No. 7/1999/TT-BXD dated September 23, 1999 of the Ministry of construction about "guide the Administration and application of the standards, technical building".