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Circular 8/2006/tt-Bxd: A Guide To The Work Of Maintenance Of Construction Works

Original Language Title: Thông tư 08/2006/TT-BXD: Hướng dẫn công tác bảo trì công trình xây dựng

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CIRCULAR guiding the work of maintenance construction work _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ pursuant to Decree No. 209/2004/ND-CP on December 16, 2004 by the Government on managing the quality of construction works;
Pursuant to Decree No. 90/2006/ND-CP dated 6/9/2006 by Government Law Enforcement Guide to housing;
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, Ministry of construction Guide and oversee the maintenance of construction works as follows.
I. GENERAL INSTRUCTIONS 1. The scope and subjects of application this circular guide organizations and individuals concerned about the content, order of maintenance of construction works for the construction of all forms of ownership, capital on the territory of Vietnam.
2. The purpose of the maintenance work, maintenance work in order to maintain the architectural features, the feature works to ensure the process is operated and harness fits the requirements of the design during the extraction process used.
3. The records and documents 3.1 maintenance staff. The records, documents the work of maintenance of construction works including: a) the complete records of construction works (legal records and documents of quality management);
 b) as the process of the operation or use of the work;
 c) maintenance of construction works;
 d) records, documents and periodically check the work or parts, projects during exploitation using works;
 DD) technical standards maintenance works.
3.2. Records, documents the work of maintenance must be kept timely additions and changes of the work.
4. The responsibility of the organizations and individuals involved in the work of maintenance 4.1. For the contractor design: Establishing maintenance buildings.
4.2. for the owner, the management server to use: a) implementation process, maintenance of construction works by the contractor designed the set;
 b) encourage application of this circular for the buildings alone in the countryside, remote areas, the population of the lower scale 2 floors but not on the face of the city.
4.3. for the Ministry there are construction management majors: a) issued guidance documents the Organization, individuals perform the provisions of the law on maintenance works and issued standards and technical regulation of maintenance of specialized construction works due to The management on nationwide;
 b) test, urge the management of the maintenance work on the construction of the local.
4.4. for the provincial people's Committee: provincial people's Committee has the responsibility to manage the State of maintenance of construction works within its administrative boundaries. Department of construction of provincial people's committees to help unify management of maintenance work on buildings. The Department has the management of specialized construction works are responsible for managing the work of maintenance of specialized construction work.
 a) for construction:-The Chairman of the provincial people's Committee issued the text guide deployment of legal texts on the work of maintenance of construction works; perform checks for compliance with the regulations on the work of maintenance works for the building works to be built regardless of investment capital from level III to level especially, the works built influenced urban architecture, works when the crash risks causing disaster for people , property and the environment.
-Provincial people's committees to help synthesize and report The annual building on the work of maintenance of civil and industrial building materials, the technical infrastructure of the municipality does not distinguish capital with works from level III to level especially, works that influenced the architecture of the town by the local management.
 b) for facility management of specialized construction works include the Department of industry, Department of agriculture and rural development, the Department of transportation (or Department) responsible for implementing the annual checks for compliance with the regulations on the work of maintenance and reporting of provincial people's committees and the Department has the management of specialized construction traffic , irrigation, industry, regardless of the source of capital in the local administrative boundaries.
 c) for the Department of culture and information chaired and coordinated with the Department of building instructions and check the management server to use to perform the maintenance of construction works recognised as historic, on the area of national culture, according to regulations.
Every year the Department of culture and information reported provincial PEOPLE'S COMMITTEE and the Ministry of culture and information, Ministry of construction of the maintenance work the construction works has been recognized as historical, national culture.
5. maintenance-level construction maintenance of construction works done according to the level of maintenance as follows: 5.1. Level of maintenance, maintenance: are conducted regularly to prevent spoilage of the detail, Division of works.
5.2. small fix: be conducted when there is damage in some of the details of the Department of public works to restore the original quality of the details there.
5.3. level: medium repairs are conducted when there is damage or degradation in some parts of works aimed at restoring the original quality of the parts that work.
5.4. the big fix: be conducted when there is damage or degradation in many parts of works aimed at restoring the quality of the work.
6. Funds perform maintenance 6.1. For the work that the Management Server uses is the administrative agency: funding implementation maintenance are taken from regular expenses in the State budget.
6.2. for the work that the Management Server uses is the administrative agency: funding career made maintenance a part was taken from the regular expenses in the State budget, a section taken from own funds due to activities that fall brings.
6.3. Condominium: funds perform maintenance specified in housing Law and Decree No. 90/2006/ND-CP dated 6/9/2006 by the Government.
6.4. The civil works and other industries: the owner, the owner must use management take care of maintenance funding.
6.5. The specialized works: a) transportation: funds perform maintenance are defined in the Decree of the Government No. 168/2003/ND-CP dated December 24, 2003 by the Government and the guidance documents of the Ministry of transportation.
 b) other works by the Government and the Ministry has the management of specialized construction works issued specific regulations.
 
II. ORGANIZATION Of The SEQUENCE And PERFORM MAINTENANCE WORKS 1. The order to perform maintenance of construction works done according to the maintenance process. Content maintenance procedures comply with the provisions of the standards for maintenance of construction works. Order maintenance includes the following: 1.1. For new construction, the implementation of maintenance according to the procedure established by the design contractor.
1.2. With respect to works that are in use but not yet have the maintenance process, the owner, the owner must use management auditing organizations hire quality works are qualified auditing capabilities, quality assessment and maintenance works.
1.3. test, evaluate the quality of the work: the owner, the owner must use management test to evaluate the quality of the work in order to prevent the degradation of the works. Inspection activities carried out according to the time of the following: a) check regularly: due to the owner, the management server to use to make timely detection of signs of degradation.

 b) periodically check: Do the organizational and professional experts have the capacity consistent with the type, level of works performed at the request of the owner, the management server to use.
Time to periodically check the specific rules are as follows:-not more than 3 years, once for the object: Theatre, cinema, circus, school, hospitals, stadiums, gymnasium, supermarket and the construction works have similar functions, the impact of the environment.
-Not more than 5 years/1 times for objects: the other civil works (House condominiums, hotels, Office, home work), industrial and construction materials, technical infrastructure works municipality.
-Not more than 1 year/1 times the audience: the works of cultural heritage has be rated national and world.
After the test results, periodically, depending on the status of the quality work that the owner or the management server using the maintenance level selection decision accordingly.
 c) sudden inspection (check out real fishnets): to be conducted after the unusual incident: (fire, storm, flood, earthquake, big collisions, ...), repairs, cast doubt on the ability to exploit after checking the details that do not clearly identify the cause or when the need to exploit with greater payload. This work is led by professionals and institutions are eligible capacity for implementation.
1.4. The owner, the management server to use to perform self-maintenance of construction works (if the eligible capacity) or select the Organization, individuals are eligible capacity perform maintenance work according to the maintenance level.
1.5. Monitoring, testing and maintenance maintenance work works: a) the owner, the owner must use management held oversees the construction and maintenance works of works under the provisions of the law on construction, the Decree of the Government guides the implementation and content of contracts signed with contractors to perform maintenance works. In the absence of qualified owner management capacity using the process to hire consulting organization eligible capacity for implementation of construction supervision and maintenance work.
 b) for buildings, the maintenance work must comply with under article 75, article 76, article 77, article 78, article 79, 80, 81 and 82 of the Conditions in housing Laws. c) warranty period maintenance work shall be calculated from the date of the owner, the management server using the sign maintenance work experience to put on use and prescribed time as follows :-not less than 6 months for all kinds of works are made of maintenance-level maintenance, maintenance and minor repairs;
-Not less than 24 months for all kinds of works are made of maintenance repair supply medium, large repairs.
1.6. Cost of maintenance maintenance work performed according to the provisions of article 29 of Decree 209/2004/ND-CP on December 16, 2004 by the Government on managing the quality of construction works.
2. Implementation 2.1. The owner, the owner must use management reporting technical-economic when the repair works have cost under 7 billion and investment project when the repair works there on 7 billion to the authority for approval. If not eligible, the owner, the owner must use management consulting organization has qualified the capacity to do the job on. For maintenance work according to the level of maintenance, maintenance of the owner, management used estimating match funding maintenance and be approved by the authority.
2.2. for maintenance work under 1 billion budget, the owner, the owner may not use management project management board that using his expertise to management, project or hire someone who has the expertise and experience to help manage project implementation.
 2.3. When performing maintenance works without changing the architecture, bearing and structural safety of buildings, the owner, the owner must not use management permission to build.
 2.4. maintenance work must meet the requirements on safety, hygiene and the environment: a) ensure absolute safety for surrounding works, for the construction, and the users vehicles, operated on the works;
 b) choose the measures and reasonable construction time in order to minimize the effects of noise, smoke, dust, vibration, ... by car, air and other construction equipment when performing maintenance activities cause;
 c) in compliance with the provisions of the law on environmental protection; the safety rules; safety in construction; safety in the use of machinery, construction equipment.
III. ENFORCEMENT Of TERMS 1. This circular replaces circular No. 04/2001 for/TT-BXD DATED and effective after 15 days from the date the report.
2. Ministries, ministerial agencies, PEOPLE'S COMMITTEES of provinces and cities under central, the central organs of the unions, the State Corporation and the Organization, individuals are responsible for implementation of this circular.
3. in the implementation process, if there are obstacles, the proposal reflected in writing on The building for research, resolve./.