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The Decision 497/bxd-Manager: Issued The Regulation, Evaluation And Review Of The Design Of Construction Works

Original Language Title: Quyết định 497/BXD-GĐ: Ban hành Quy chế lập, thẩm định và xét duyệt thiết kế công trình xây dựng

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The decision on issuing the regulation, evaluation and review of the design of construction works _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ CONSTRUCTION MINISTER pursuant to Decree No. 15/CP on 04/3/1994 of government functions, mandate and organizational structure of the Ministry of construction;
Pursuant to Decree No. 42/CP dated 16 July 1996 the Government enacted the Charter investment management and construction;
At the suggestion of Director of Department of the State inspection of the quality of construction works;
DECIDES article 1.-attached to this decision a legal establishment, evaluation and review of the design of construction works. A of this regulation substitute for regulation, evaluation and review of the design of construction works issued together with decision No. 536/BXD-MANAGER on 14/12/1994 of the Ministry of construction.
Article 2.-this decision was implemented uniformly throughout the country and have effect from the date of signing.
Article 3.-the ministries, ministerial agencies, government agencies, people's committees of provinces and cities under central responsibility to organize the implementation of this decision.
 

 



The BUILDING of Ngo Xuan Loc (Signed) REGULATION SET, DESIGN REVIEW, EVALUATION of CONSTRUCTION WORKS (attached to decision No. 497 BXD/MANAGER on 18/9/1996 of the Minister of construction) Chapter 1: GENERAL PROVISIONS article 1 this regulation regulation.-the content, the design step sequence; the responsibility and authority of the owner, the construction consultancy organisations, professional bodies, construction management agency of the Ministry and the province, the central cities in the preparation, evaluation, review of the design of construction works of all sources of capital to perform unified management in the country. All construction works are to be held up, evaluation and review of the design in accordance with the provisions of this regulation.
Content creation, evaluation and review of design works of foreign investment in Vietnam has separate rules.
Article 2.-the design process: depending on the nature and complexity of the works that make the design a step or two steps according to the text of the investment decision.
For works that require high technical construction in geological structures and complex environment, requires background processing or have manicure solution, main bearing structural complexity to design two steps: design, engineering design and construction drawings.
For simple engineering projects or had design templates, handling complex non Foundation designed a step: construction engineering design.
Article 3.-According to design works:-investment projects;
-The materials of construction engineering survey, basic investigations, investigating the social economy led by professional organizations have legal personality;
-Building standards, construction engineering standards, the level of price, design pattern was issued.
Cases of application of construction standards, building technical standards of foreign countries must be approved.
Article 4.-building survey: content, the volume of building survey is consistent with the requirements every step of the design and characteristics works. Responsible design organisation proposed survey requirements. Survey organization responsible for the reliability, quality, survey materials did before the investor and the law.
Article 5.-technical design or construction engineering design and total design attached to works by the building advisory organization, has legal personality and has the certificate of practice set design. Established construction consultancy organization designed to be responsible fully for quality design document according to the hierarchy works by her former owner and the law.
Article 6.-the heads of the competent authority approval of the design approval only after the design has been professional body design, construction management agency directly under the evaluation of estimation, and take responsibility for his decisions. The specialized agencies, the agency managing the design and evaluation of estimation must be responsible for the evaluation results before granting approval to design her job done.
Article 7.-The building manager specialized in transport, irrigation, mines, power lines and transformer stations, oil and gas, agriculture and forestry, postal service, Charter base construction and investment management and the provisions of this regulation to that specific instructions in writing on the contents design works in accordance with the technical standards of the professional building the industry. The text of this guidance must be consistent with The building before enactment.
Chapter 2: DESIGN of CONSTRUCTION WORKS article 8.-technical design content.
1. presentation: Section 1.1. General presentation.
-The base and basis of design techniques;
-The content of the investment decision (for projects using state capital) or the investment license (for projects not using state capital).
-List building standards, construction engineering standards, design pattern is used;
-Summary of selected design content and designs comparison (planning, architecture, Foundation, textures ...);
-The parameters and indicators need to be achieved by the process according to the option selected.
1.2. Document, presentation of natural and technical conditions governing design.
-Topographical, geological, hydrological geology, hydrogeology, meteorology and earthquakes in the construction sector;
-The impact of the environment;
-Surveys, reviews the current state of quality works (for old buildings need repair, restoration);
-Other documents.
1.3. The technical-economic indicators:-the capacity, design capacity and the parameters of the works; -Methods, categories, product quality, product sales;
-The technical-economic indicators and the efficiency of investment.
1.4. The technology, the equipment:-technological lines for production, the use;
-Calculation and the choice of equipment (type, brand, technical characteristics, water and production year...);
-Industrial safety measures, production safety, fire, explosion, toxic prevention, industrial hygiene, protection of the ecological environment.
1.5. The solution architecture, build:-Of the premises, an area of land, the building area of the works;
-Architectural solutions;
-Building technical solutions: the main bearing structure, background, nail, has a computer attached stating the method and calculation results (site map computer determine the interpretation, the load, the internal results of force, measurements, calculation results, deformation of the structures, weak forecasts...);
-Interior equipment;
-The system works engineering: power supply, heat supply, the oil level, steam, water supply, sewerage, ventilation, lighting, sound, information, signals, and extinguishing fire alarm, automatic control, have a computer attached stating the methods and results of calculation;
-The Organization of transport and transport equipment;
-Outside building (planting, roads, pavements, lighting);
-General volume of building works mostly, materials and technological equipment of each category of works and of the whole project; comparison of the economic indicators of the technical design.
1.6. construction organization design: The main directions of the construction measures to ensure the technical requirements, design, and safety in the construction process.
2. the drawings: 2.1. The current state of the premises (online) and position on the map of design works;
2.2. detailed layout Of the projects;

2.3. technical preparation of building land (drainage, leveling) and technical infrastructure works outside the home: sugar, power supply, water supply, waste water, sewage treatment, environmental protection;
2.4. Technology;
2.5. The ground floor of the architecture, the cross-sectional and longitudinal cross-section, the facade of the projects;
2.6. The layout of the equipment;
2.7. The details of the main bearing structure (background, nails, trunk, roof ...) and the complex structure parts;
2.8. interior decoration;
2.9. Perspective of the whole project;
2.10. The system engineering indoor side: power supply, water supply, waste water, ventilation, lighting, sound, air conditioning, fire alarm, information and instant fire;
2.11. Outlet accident and explosion protection solution works;
2.12. external building (fences, trees, roads, lighting, signage);
2.13. General Organization and building ground floor construction of special items;
2.14. entire model works or parts of works (according to the owner's own request).
3. the total estimate:-the grounds and basis for the establishment of estimation;
-Document interpretation and General construction volumes (prognosis);
-The total was set by mass construction mentioned above and follow the writing guide set price and cost management in the construction projects invested by the Ministry of construction issued.
Article 9.-content of the construction drawing design: 1. Drawing:-details of the premises, the cross-section of the projects, shown in full size and placement of the structural details, equipment technology, have listed the volume of equipment and construction projects that quality specifications of each type of material, the typical constructions are available there, machining demonstration instructions on the sequence of construction, technical requirements on occupational safety in construction;
-Details for the works Division full instance location, size, and the number of each type of structure, materials, notes the need for the construction;
-Details about the installation of technological equipment which can complete the location, size, and the number of each type of device, components, parts and materials, the notes required for the execution and the instructions of the equipment;
-Installation position and details of the technical and technological systems;
-Interior and exterior details;
-General construction volumes, devices, materials of each category of works and the whole works, shown in full size, the number of each type of materials, components, equipment.
2. Estimation of construction drawing design: 2.1. The grounds and basis for estimating, have interpreted the prognosis, and appendices necessary;
2.2. A prognosis-estimation of each category of works and General estimation of construction drawing design for all projects or items in every combination.
Article 10.-the case one step design: design, engineering, construction and content include: presentation and part of estimation under items 1 and 3 of article 8; section 1 drawing of article 9.
Article 11.-profile design: forms of expressing presentation, rate specification drawings, detail drawings of each type must conform to the standards for regulation making design drawings.
1. Profile design techniques include:-Episode demonstration (article 8);
-Drawing (under article 8);
-Prognosis-total (under article 8);
-Models (when necessary).
2. The records of construction drawing design for each category of works include:-the drawing (under article 9);
-Prognosis-estimation (under article 9);
3. Profile design construction techniques include:-the drawing of the design drawing (under article 9);
-Prognosis-estimation (under article 9);
-The technical design presentation accompanied by total (under article 8).
4. number of profile design and agency, the regulations are as follows: 4.1. For technical design: organizational design is created and assigned to the 7th owner have enough content as stipulated in article 8, to submit to the approval authority:-design;
-Investor (two sets);
-Licensing Agency;
-Organization of construction contractor (two sets);
-The storage agency under the State's hierarchy.
4.2. for executing engineering design: design organisation must set up and delivered to the owner 7 the content enough provisions in article 10 to submit to the Agency:-Browse design;
-Investor (two sets);
-Licensing Agency;
-Organization of construction contractor (two sets);
-The storage agency under the State's hierarchy.
4.3. for construction drawing design: organizational design is created and delivered to the owner of 5 sets having enough content stipulated in article 9 to submit to:-investors (two sets);
-Organization of construction contractor (three sets).
The number of records mentioned above is mandatory and has been included in the design. When the need to increase the number of investors can add contract rates designed.
Article 12.-Organization design consultants are responsible for: 1. The contract with the design contractor and the owner are elected Chairman of projects designed to be responsible for the whole of the design works. The case of subcontract the specialized design for another organization, then the Organization of specialized design that should have legal personality and responsible to the Chairman of the design works and the law part of his design;
2. Draw out the request, check the results and the full survey document design requirements;
3. Be responsible for the quality, content and volume of the entire design document (including the use of the documents serve the design and use of the design pattern);
4. Ensure implementation progress of contract design, provides design documents in a timely and responsible supplement, repair or reset when the design has not been approved;
5. Perform the test mode the product quality and the internal document, the figures in the design process and design before delivery to the client;
6. The presentation and design protection in the process of evaluation and review complete, designed according to the requirements of the Agency approve;
7. Hold the copyright of the design projects (except the sample design was issued), storage and management of the original document;
8. Performing author supervision during the construction works;
9. Participate with company owner as defined in the Charter of quality management of construction works.
Article 13.-the owner is responsible for: 1. Signed subcontract design organisations building it has legal right design trades according to the certificate of practice issued, follow the urge the implementation of the design provisions of the contract;
2. Provide documentation, data and the necessary legal documents for the Organization as a base design consultancy design works;
3. Set the required evaluation profile and browser design;
4. Requests the advisory organization designed to solve the problems that arise if there about design changes during construction;
5. payment of funds designed to on the basis of economic contract between owner with design consultant organization under current rules.
Article 14.-the design works are determined according to the results of bidding selection design consultants, but not at a price higher than the design by the Ministry of construction issued.
Chapter 3: DESIGN EVALUATION article 15.-the engineering design works in A group of investment projects using state capital: 1. The Heads of the Ministry of industry management technical design and approval of estimation after professional agency evaluation on design and construction technique of evaluation of estimation;

2. in case of complex engineering projects, consulting institutions in the country not afford design verification, the heads of sector managers reported the Prime Minister to be allowed to select a foreign consultant contractor design verification. The foreign consultancy organization when the contractor verifies the design work must be licensed contractors building under current rules.
Article 16. Design works in projects of Group B and C use the State capital: Who has the authority to approve investment decisions design engineering or design and construction techniques of estimation after professional body design and construction management agency evaluation unit price , estimation, the total estimation.
The evaluation made by circular the Ministry of construction-investment-finance plan no. 04/TTLB on 10/9/1996 "guidelines for implementing the Charter investment management and building attached to Decree No. 42/CP 16/7/1996 of the Government".
Article 17.-design works in projects not using state capital: 1. Not verified total;
2. Heads of departments approve the Manager design engineering works in Group A has the goal of business management by the Ministry of industry in the following professional body design;
3. The Director of the Department of construction management majors of the province, the city of centrally approved engineering designs in Group B, C after the professional body design;
4. in case of complex works, consulting institutions in the country not afford design verification, the heads of sector managers reported the Prime Minister to be allowed to select a foreign consultant design verification. The foreign consultancy organization when the contractor design verification must be licensed contractors building under current rules.
5. The owner of the House has a height of 3 storeys or less (a floor, 2 floor) and has a floor area not exceeding 200 m2 is not design but must be responsible, sustainable works itself and surrounding buildings due to the construction of his house.
Article 18.-contents technical design or construction engineering design and total provisions as follows: 1. for works in investment projects using state capital: 1.1. The validity of the profile design: legal personality of the organization design; the suitability of the design with the approved investment projects in the investment decisions on planning, architectural works;
1.2. Compliance with building standards, construction technical regulation, the norm, the unit price and the current relevant policy of the State;
1.3. Conformance and correctness of design projects with investment projects. The content is mainly to consider include:-the fit between technology line or request to use with the total floor space and architecture;
-Reviews the level of stability and sustainability of the project: background, nails, main bearing structure;
-Reviews the level of safety of system infrastructure engineering: heat, steam, oil level, water supply, sewerage, ventilation, fire alarm, signal information and fire, fire safety;
-The technical-economic indicators compared to approved projects.
1.4. The suitability of the total compared to technical design evaluation and determine the total reasonable costs guaranteed not to exceed total investment recorded in investment decisions;
1.5. The conditions and the technical solutions guarantee stability for the neighbouring buildings, protect the environment and ensure safety during construction.
2. for investment projects in the works don't use state capital: 2.1. The validity of the profile design: legal personality of the organization design; the suitability of the design with the approved investment project on planning, architectural works; compliance with the technical standards of construction;
2.2. the safety assessment structure, environmental protection, fire-protection for works in construction period as well as when in use; ensure stability for the neighbouring buildings;
3. for works in large group projects A, B can organize technical design each part of the work of the project fit with each package or each phase of construction: architecture, main bearing structure foundations, systems engineering works;
4. The end of the evaluation, the Agency construction management expertise to establish evaluation results report stating the errors of design and conclusions about the use of the design, the draft text submitted by the authorized investment decision approving the design, engineering or design and construction techniques of estimation.
Article 19.-the time limit for the evaluation design, engineering or design and construction techniques of estimation: depending on the scale and nature of the work, the time limit for the evaluation design and total provisions as follows:-for works in the project group A: not more than 30 days;
-For works in the investment group B, C: not more than 30 days;
-For works in the project group C: not more than 20 days;
Article 20.-the cost evaluation cost evaluation design: design engineering or design and construction techniques of estimation is counted in the total estimate of works under the provisions of the Ministry of construction.
Article 21.-the responsibility of the Organization Design: professional body design, construction management agency evaluation unit price, the total estimation and consulting organizations build design verification must be responsible to the owner, who has the authority for approval and before the law about the results of work done by themselves.
Chapter 4: DESIGN REVIEW Article 22.-approval technical design or construction engineering design is based on the basis of the investment project and the results of the evaluation design.
Article 23.-designed browser profile owner filed for design review agency regulations are as follows: 1. the design approval Documents;
2. Copy the text approved investment projects;
3. design of profile design steps as specified in articles 8, 9 and 10 of this regulation.
Article 24.-the function bodies are competent to approve delivery of the evaluation design, engineering or design and construction techniques of estimation is responsible for receiving the browser profile, make the design and evaluation of estimation, prepared the text for approval to the authority approved investment decisions.
Article 25.-approval technical design or construction engineering design and total provisions as follows: 1. for works in investment projects using state capital: 1.1. Prime Minister approval management technical design and total projects in Group A;
1.2. the competent agency heads investment decision approving the design, engineering or design and construction techniques of estimation works in the project groups B and C;
1.3. The Chairman of the provincial people's Committee, the central cities of technical design and approval of estimation works in groups B and C projects on local investment.
Chairman, central cities may authorize the Director of the Department of construction management majors in engineering and design approval of estimation of project works in the investment authority of the province or city.
2. for investment projects in the works don't use state capital: 2.1. Heads of departments approve the Manager design engineering works in the project group a. 2.2. The Director of the Department of construction management majors approved design engineering works in the project group B, C.

2.3. Chairman, central cities can authorize district PEOPLE'S COMMITTEE Chairman, the district approved technical design the individual buildings owned private and small works are the construction license, unless otherwise specified in section 5, article 17 of this regulation.
Article 26.-content of the decision approving the design, engineering or design and construction techniques of estimation include: 1. The base approval: decision approving investment projects, text browsers, profile design, results of technical design or construction engineering design total ...;
2. content approval: 2.1. The name works;
2.2. building location;
2.3. main technical parameters: level buildings, steps, the total area occupied the land, the scale of the projects (floor area, number of floors, the height of the floor) ...;
2.4. The main solution architecture, background, structure, Foundation, systems engineering, technology and equipment, environmental protection, fire safety, building and use ourselves and neighbouring works...;
2.5. Total (for works in investment projects using state capital): valuation point of estimation, the total estimation and structure of estimation, conformity with the total investment recorded in the approved investment decisions;
2.6. The issues to note or exist need additional tuning;
2.7. the relevant institutions have the responsibility to enforce the decision.
Article 27.-the deadline for approval of design from after receiving sufficient record in article 23.
-For works in the investment projects of Group A and B: not to exceed 15 days;
-For works in the project group C: not more than 10 days.
So the deadline on which the work was not approved, the Agency must review answers for investors about the reasons in writing and answer the profile design.
Case repairs, supplements or reset your browser profile, the time limit for the evaluation, approval is calculated from when the receipt has to be adjusted and supplemented.
Article 28.-approved text design, engineering and construction techniques and design of construction estimation must send the following agencies to monitor and manage: 1. for works in A group of investment projects, irrespective of funding: Government offices The Ministry of planning and investment, industry Manager, Ministry of construction, Ministry of finance, PPC, central cities where construction and licensing agency;
2. for public works projects in the Group B and C use the State capital: the competent authorities decided to invest, plan and financial bodies of the same level, PPC, central cities where construction works, building Department, Department of construction management majors (for specialized works) and the licensing authority;
3. for works in projects not using state capital: provincial people's Committee, the central city in the Department of construction and management of specialized construction (for specialized constructions) and licensing agency building.
Article 29.-the duration of effect of technical design or design and construction techniques of estimation works are browser is 2 years. After 2 years that works not yet implemented must then proceed to consider and process review.
Article 30.-approved design documents must be filed with the national archives, the sector or territory (according to the hierarchy) and send it to the relevant agency as defined in article 11 of this regulation.
Chapter 5: terms of ENFORCEMENT article 31.-A regulation to take effect from the day of promulgation. The other provisions contrary to this regulation are repealed.
Article 32.-ministries, ministerial agencies, government agencies, the provinces and cities under central Government are responsible for organizing the implementation of a regulation.