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Decision 19/2003/qđ-Bxd: Regulation Of Conditions Of Capacity Building Activities

Original Language Title: Quyết định 19/2003/QĐ-BXD: Ban hành Quy định điều kiện năng lực hoạt động xây dựng

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The DECISION to enact the provisions of conditions the capacity building activities _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ CONSTRUCTION MINISTER pursuant to Decree No. 36/2003/ND-CP dated 4/4/2003 of government functions, tasks, powers and organizational structure of the Ministry of construction;
Based investment management regulation and building attached to the Decree No. 51/1999/ND-CP on 08/7/1999, Decree No. 12/2000/ND-CP dated 10/5/2000, Decree No. 19/2003/ND-CP on January 30, 2003 by the Government;
At the suggestion of the Director of construction and Director of Legal Affairs.
Article 1: DECISION attached to this decision defined the condition of capacity building activities.
Article 2: this decision has the effect after 15 days from the Post Gazette and be applied uniformly throughout the country.
Article 3: Ministers, heads of ministerial agencies, government agencies, the central organs of the unions, the President of the people's committees of provinces and cities in Central, the business, the owner of the project, the institutions and individuals responsible for the implementation of this decision.
 

 



Ministers (signed) Nguyen Hong Quan PRESCRIBED CONDITIONS OPERATIONAL CAPACITY building (attached to decision No 19/2003/QĐ-BXD dated 17 July 2003, the Minister of construction) Chapter 1: GENERAL PROVISIONS article 1: scope and object to apply this Regulation stipulates the conditions for the Organization of the capacity personally, when construction activities including construction investment, construction, civil works, industrial, transportation, irrigation, hydropower and other construction works on the territory of Vietnam.
Article 2: explanation of terms In this regulation, the terms below are interpreted as follows: 1. construction activity is undertaken the work of construction investment, construction type of structure.
2. investment and construction advice includes: a-building investment project (feasibility study report, feasibility study reports, investment reports), b-management of construction projects, c-building survey, d-design works, e-monitoring construction, g-quality control building , h-other construction consultants.
3. Construction works include the construction and installation of equipment for the new building construction; reclamation, restoration, maintenance of buildings.
4. The Chairman of the project is to direct people held up construction projects, the highest responsibility for the content, the quality of the project.
5. Host building survey is the organization directly perform the task of building survey, the highest responsible of the results of the survey mission.
6. The Chairman of the projects of the design is the organization directly perform the task of design works, the highest responsibility for the content and quality of the projects of the design.
7. Chaired the design is directly organized and conducted a field of expertise of projects designed under the direction of the Chairman of the projects of design, responsible for the content and quality of your area of expertise.
8. the Chief supervision engineer is the person who represents the owner (or project management) directly oversee the Organization of supervision of construction and installation works, responsible for the quality of its construction monitoring.
9. specialized supervision engineer is the person who directly oversee the Organization and monitoring of a specialized field under the direction of Chief supervision engineer, responsible for the quality of construction works under his supervision majors.
10. the host is testing people directly oversee the Organization of quality control for the construction, responsible of product quality inspection.
11. Chief of the construction is the representative for construction contractors perform the rights and obligations of the contractor at the school, the command and directly responsible for the construction works.
12. Main Contractor is a direct contractor signed the contract with the owner to receive the bid work of construction. Main contractor: main contractor design, main contractor provides technology equipment, the main construction contractor.
13. Subcontracting is the contractor of the contract with the main contractor or general contractor contractor performs part of the work of the main contractor or general contractor.
14. General contractor is a contractor of the contract directly with the owner to receive the entire bidding a job or the work of project construction. General contractor has the form: a-general contractor design;
b-general building contractors;
c-design and construction general contractor;
d-general contractor to design, supply of equipment, technology and construction (EPC);
e-general contractor project construction, design, equipment supply, technology and construction (General contractor key).
Article 3: conditions of guarantee principles of capacity building activities 1. Individual organization when construction activities only made the work consistent with their capacity under this regulation.
2. Individuals involved in construction activities must have expertise, professional, health, fit the work assumed; There are professional ethics; understanding the provisions of the law on construction and other related laws.
3. the authority assigned to the individual take on the titles in the following building activities must comply with the rules on the conditions of competence in this regulation, to ensure enough time for the individual that has to follow the title and must take responsibility for their decisions : The Chairman of the project; charge of the areas of expertise of the project; Head of Department, Deputy of the Board (or Executive Director, Vice Director) project management; charge of the areas of expertise of the project management; presiding over the building survey; the Chairman of the projects of design; chaired the design; Chief supervision engineer; specialized supervision engineers; host control; Commander of the construction; in charge of the construction techniques.
4. A person cannot be held simultaneously the two titles and more than 2 simultaneous work under Title 1, referred to in paragraph 3 of this article. People assume the above titles were not handed back to others instead of themselves assume that title.
5. The owner or party subcontract, consultant when choosing contractors to perform the work in building activities and the establishment of a Management Committee to implement the project construction must ensure the conditions under this regulation.
6. The assessment, appraisal and investment advisory products built to look about the condition of the capacity of the Organization, individuals make that product; the case does not guarantee the conditions under this Regulation shall be entitled not to consider or not.
Article 4: type and group project, the type and level of work 1. Sort and group project to build in this Regulation as stipulated in Decree No. 12/2000/ND-CP dated 10/5/2000 of the Government on the amendments and supplements to some articles of the Statute and building investment management attached to Decree No. 51/1999/ND-CP on 08/7/1999 of the Government.
2. The type and level of works is applied in this Regulation as defined in the construction standards, building standards, the current Vietnam standards.
Private condominium buildings, public buildings, industrial building materials, water supply and drainage works stated in annex 1 of this regulation are provisional regulations to make the base for determining the capacity of building activity.
Chapter 2: the ORGANIZATION'S CAPACITY in the CONDITIONS of OPERATION of CONSTRUCTION INVESTMENT

Organization when contracting building investment must meet the General conditions stipulated in article 5 and the private conditions prescribed for each sector construction investment counseling stated in articles 6, 7, 8, 9, 10, 11 of this chapter.
The case owner self made some areas of investment activity in the building to ensure the conditions under this regulation.
Article 5: General conditions 1. There is enough expertise, professional forces are trained to meet the requirements of each sector construction investment.
2. Have the equipment mainly to meet the work of construction investment.
3. quality management system consistent with the scope of construction investment.
4. Implementation of the provisions on insurance in investment advisory activities build upon the provisions of the law.
Article 6: capacity of the conditions held up construction projects 1. When established, the construction investment projects have to have enough people to meet the conditions of the capacity to assume the job title: Chairman of the project, is in charge of the areas of expertise required by the project.
2. The Chairman of the project and the person in charge of each of the areas of expertise of the project must be in the payroll or employment contract with project consulting organization in accordance with the law.
3. The Chairman of the project must be of university level in accordance with the requirements of the project and meet one of the following conditions: a – Has set 1 is the Chairman of similar projects.
b-is the Chairman of two same type project, adjacent to the lower group.
c-was in charge of the main field of expertise of the two projects are similar.
4. The person in charge of each of the areas of expertise of the project must be of university level in line with the work and meet one of the following conditions: a – was in charge of the areas of expertise of the same kind of similar projects.
b-was in charge of the professional field of the same type of 2 projects in the lower adjacent groups.
c-Have directly made the professional work of the same kind of 2 similar projects.
Article 7: conditions of the capacity of project management 1. When the Project Management Committee was established to manage the implementation of construction projects to ensure the conditions of competence as follows: a-must have direct management of apparatus made of the work of the project has sufficient capacity, professional expertise to meet the requirements of the project.
b-have to have enough people to meet the conditions of the capacity to assume the titles: head of the project management committee, the Board's Deputy in charge of the field, in charge of the areas of expertise of the Project Management Committee at the request of the management of the project.
c-head of Department, Deputy Director, Board or Deputy Directors (collectively, the Deputy Head of the Board) and the person in charge of the areas of expertise of the Project Management Committee must be in or have labor contracts with the organization founded the project management committee.
d-Chief project manager must have a university degree in construction match the requirements of the project and meet one of the following conditions:-has been Chief or Deputy management 1 similar projects.
-Was head of same type 2 project management, the group is lower than the adjacent.
-Have technical or economic of 2 similar projects.
e-project management board deputy head must have university degrees in majors match the fields of charge and meet one of the following conditions:-was the Deputy management 1 similar projects.
-Was head of management of the same type, group project 1 is lower than the adjacent.
-Has been in charge of the areas of expertise of the same kind of 2 similar projects.
g-technical coordinator, technology must have university degrees in engineering or building conform to the requirements of the job and meet one of the following conditions:-has been in charge of engineering, technology of similar projects.
-Was in charge of engineering, technology of 2 project of the same type, the adjacent lower group.
-Have the time directly involved in technical management, technology of similar projects to a minimum of 3 years.
h-The economy must have a university degree in economics, finance and meet one of the following conditions:-has been in charge of the economy of a similar project.
-Was in charge of the economy of the same project, group 2 is lower than the adjacent.
-Have the time directly involved in economic management of similar projects to a minimum of 3 years.
2. where the project team C, small scale works, simple technique is applied form of the investor directly managing the project (not established project management that use the apparatus we have part-time owner of the management of the project), who assigned the project manager must have the following conditions : a-curator of the project manager must have a university degree or above majored in building consistent with requirements of the project, the time the work in the field of construction management for at least three years.
b-Person in charge of the technical management of the project must be of university level in line with the work assumed, there is time in the professional fields for at least 3 years.
c-people in charge of the economy must have a university degree in economics, finance, working time in the field for at least 3 years.
3. Some special cases: a-in case of need, the authorized person can communicate the position stated at the points d, e, g, h paragraph 1 of this article for those who have enough qualification match, has managerial experience but have yet to directly manage the implementation of investment projects in construction. The person tasked to be responsible about their decision.
b-for Group C projects in remote areas if not enough officers to have prescribed capacity conditions, can communicate the position stated at the points d, e, g, h paragraph 1 of this article for those who have lower capacities but must have qualifications and experience match the job. People assigned to bear complete responsibility for his decisions.
4. The individual was participation in the management of professional service of construction investment projects must meet the conditions under this regulation and must have authority over the classroom training on project management of construction under the program of the Ministry of construction or the program is The construction of the agreement. Within a period of 12 months from when the rules take effect, the individuals involved in professional management service must have the certificate according to regulation.
5. The management of the project has been established previously not eligible then capacity within a period of 6 months from the date this regulation in effect additional capacity to meet the requirements under this regulation with regard to the titles referred to in points d, e, g, h paragraph 1 of this article.
Article 8: condition survey contractor capacity building 1. Are there enough people to meet the conditions of the capacity to assume the job title: lead prospecting, in charge of the areas of expertise required by the survey mission.
2. Who chaired the survey and people in charge of each area of expertise should have labor contracts with the contractor survey under the provisions of the law.
3. Who chaired the survey must have a university degree or above in accordance with the requirements of the survey mission, has made direct survey at least 5 years and meet one of the following conditions: a-was the host of survey 1 similar survey mission.
b-was in charge of the main field of expertise of the two similar survey mission.

4. The person in charge of each field survey missions to have university degrees in majors match the job guarantee was directly done survey for at least 3 years and have done the work the expertise of two similar survey mission.
5. in case of using the laboratory serves for the survey, the laboratory must be accredited conformity according to current rules.
Article 9: the condition of capacity design contractor works 1. Are there enough people to meet the conditions of the capacity to assume the job title: Chairman of the projects of design, the presiding design according to requirements of design tasks.
2. The Chairman and other design projects chair designed to have labor contracts with the contractor designed the works prescribed by the law.
3. The Chairman of the projects designed to have professional design works in accordance with the type of design works and meet one of the following conditions: a-was Chairman of the projects of the design works of the same type, the same 1.
b-is the Chairman of two design projects of the same kind, works have lower levels of adjacent.
c-was presided over the design of the main areas of expertise of the two works of the same kind, same level.
4. Chaired the design must have the certificate of practice construction design fit with the job and meet one of the following conditions: a-chaired the design areas of expertise of the same type of the same type, the same works 1 level.
b-chaired the design areas of expertise of the same type of the same type of work, there are 2 lower level adjacent.
c-direct design areas of expertise of the same type of the same type, the same buildings 2 levels.
Article 10: conditions of monitoring contractor's capacity construction 1. When implementing the work of supervising construction, must have enough people to meet the conditions the capability to do surveillance of the Chief Engineer, engineering specialized surveillance at the request of the monitoring work.
2. the Chief supervision engineers, specialized monitoring engineer to have labor contracts with the contractor oversight as defined by law and must have the certificate professional training construction supervision under the program of the Ministry of construction or the program is The construction of the agreement.
3. the Chief supervision engineer must have university qualifications in accordance with the monitoring process and meet one of the following conditions: a – Chief supervision engineer Was of the same type, the same works 1 level.
b-was the Chief supervision engineer of public works had the same 2 lower level adjacent.
c-Has specialized supervision engineer is of the same type, the same buildings 2 levels.
4. specialized supervision engineer must have university degrees in majors match the job guarantee was directly involved in the construction of works for at least three years.
Article 11: capacity conditions the contractor quality control for construction of 1. Have enough professional forces, professional inspection missions to meet the requirements of the inspection.
2. Who chaired the audit must have labor contracts with the contractor quality control for construction under the provisions of the law.
3. Who chaired the audit must have university qualifications in accordance with inspection, has directly implemented inspection for at least 5 years and meet one of the following conditions: a-chaired a similar inspection 1.
b-already done accreditation inspection 2 similar work.
4. Have qualified laboratories according to the current rules.
Chapter 3: ORGANIZATIONAL CAPACITY CONDITIONS CONSTRUCTION, the MAIN CONTRACTOR and GENERAL CONTRACTOR article 12: conditions of contractor capability construction 1. Must have adequate professional force, professional and technical workers are trained to meet the requirements of construction works.
2. machinery, construction equipment, primarily to ensure the technical requirements, quality and safety in construction, have the financial capacity to match the works contractor.
3. quality management system consistent with the field construction activities.
4. implementation of the provisions on insurance related to construction activities as required by the law.
5. Are there enough people to meet the conditions the capacity to command in Chief and in charge of the technical work required by the construction works.
6. the Chief of the construction and the person in charge of the technical areas of expertise should have labor contracts with the contractor construction according to the provisions of the law.
7. Chief of the construction must have university qualifications in accordance with construction works take on and meet one of the following conditions: a-was the Commander of the execution of the same type, the same works 1 level.
b-was the Chief of the construction works of the same kind there, 2 lower level adjacent.
c-was in charge of engineering construction of two similar works.
8. The person in charge of the technical university degree or above majored in construction match the technical expertise and meet one of the following conditions: a – took charge of construction techniques of the same type, the same works 1 level.
b-was in charge of construction techniques of the two works of the same kind, the adjacent lower level.
c-was the technical staff of construction works the same in time for at least 3 years.
Article 13: the main contractor capacity conditions 1. The main contractors for design: a-there is enough capacity in the conditions prescribed in article 9 of this regulation.
b-have made the design at least 2 constructions similar or same type construction 3, adjacent to the lower level.
c-directly assume the main work and perform a minimum of 70% of the volume of design work under contract with the owner.
2. For the main contractor: a construction-there is enough capacity in the conditions prescribed in article 12 of this regulation.
b-made construction at least 1 similar works or 3 works of the same kind, the adjacent lower level.
c-directly assume the main work and made over 50% of the work according to the contract signed with the owner.
Article 14: general contractor capacity conditions 1. There are the conditions of competence as specified in articles 5, 6, 7, 8, 9, 10, 11, 12, 13 fit the form of the bid referred to in Article 14, paragraph 2 of this regulation.
2. Experience: a-general contractor for design: did general contractor design 1 similar works or main contractor to design two similar works.
b-for the total bidding: did the total bidding 1 or its main contractor 2 construction works similarly.
c-for the design and construction general contractor: did the design and construction general contractor or construction General Contractor 1 works similarly.
d-for EPC: EPC or did design and construction general contractor or construction General Contractor 1 similar works or major construction contractor 3 similar works.
e-for key general contractor: did general contractor key 1 similar projects or EPC or general contractor to design and build 1 works or a similar project.
Chapter 4: report, EXAMINE and HANDLE BREACH article 15: report mode 1. In October of every year, the organization responsible for building reports building activity to State administration authorities stipulated in paragraph 3 of this article according to the model in annex 2 of this regulation.
2. The owner of the project using capital budget, capital of State investment credit, the credit capital by the State guarantee is responsible to report to the State administration authorities stipulated in paragraph 3 of this article on the activities of project management according to the model in annex 3 of this regulation.

3. The active organization of construction investment, construction, owner or management projects in the locality are local building Departments report. The active organization of construction investment, construction, owner or project management in the ministries, Central Management Agency then reported the Ministry of construction and the Ministry of industry, direct administration.
4. December every year, the ministries, central agencies; Department of construction of the central cities, are responsible for submitting the report on the situation of the building activities, local industry, according to the model in annex 4 of this regulation of the Ministry of construction to General Government reports.
Article 16: check, handle violation 1. The build host checking and handling of violations under the Authority implementing regulations within the country.
2. The ministries in the Central Government; Department of construction of the central cities, chaired the Guide, examine and handle breach of the implementation of this regulation in the scope of management of the ministries and the local management.
3. The examination is conducted not more than once a year for a unit. Plan and test content must be notified before 15 September.
4. Handle: organizations, individuals in violation of this Regulation shall subject the degree of violation will be handled administratively, compensation, suspension or prejudice criminal liability under the law.
Chapter 5: PROVISIONS article 17 ENFORCEMENT: effective 1. This provision has the effect after 15 days from the Post Gazette and be applied uniformly throughout the country.
2. Repeal the following regulations: a – regulations of construction business conditions attached to decision No 27/2000/QD-BXD dated 8/12/2000 of the Minister of construction.
b-regulations on management capacity project in point 1.2, 2.3 section II; 2.3 section III point of circular No. 15/2000/TT-BXD dated 13/11/2000 of the Ministry of construction on the instructions of the management form of the project investment and construction.
c-content about chaired the design works, projects of the design prescribed in clause 2, article 1 of the regulation of practising certificate design works attached to decision No. 23/2000/QD-BXD dated November 13, 2000 of the Minister of construction.