Circular No. 12/2005/tt-Bxd: A Guide To Some Of The Content On Quality Management Of Construction Works And The Conditions Of Competence Of The Organization, Individuals In Construction Activity

Original Language Title: Thông tư 12/2005/TT-BXD: Hướng dẫn một số nội dung về Quản lý chất lượng công trình xây dựng và Điều kiện năng lực của tổ chức, cá nhân trong hoạt động xây dựng

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CIRCULAR guide some stuff about the quality management of construction works and the capacity of individual organizations in building activity 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;
Pursuant to Decree No. 16/2005/ND-CP on 07/02/2005 on the management of government investment project construction works (hereinafter referred to as the Decree 16/2005/ND-CP);
Pursuant to Decree No. 209/2004/ND-CP on December 16, 2004 by the Government on managing the quality of construction works (hereinafter referred to as the Decree 209/2004/ND-CP);
The Ministry of construction guiding the implementation of some of the content on quality management of construction works and the conditions of competence of the Organization, individuals in construction activity as follows: i. State management responsibility for the quality of construction works specified in article 37 of Decree 209/2004/ND-CP 1. The Ministry of construction, Ministry of construction system for management of the quality of construction works within the country, are responsible for: 1.1. Issued legal documents about the quality management of survey, design, construction, testing, delivery, warranty, maintenance and construction;
1.2. the local guide, ministries and organizations and individuals implement the legal text on the quality management of construction works;
1.3. test, urging the State management of the quality of construction works of the local. Check the management quality of construction work of the ministries, organizations and individuals, according to the regulations of the law. Petitions handled in violation of the quality of construction works;
1.4. Each year, the Prime Minister's report on the State of management of the quality of construction works within the country.
Department of State inspection on quality of construction works to help Minister to build on the responsibilities.
2. The Ministry had managed the construction of specialized Ministries has construction management majors include: the Ministry of industry, Ministry of agriculture and rural development, the Ministry of transport has responsibility for: 2.1. Issued guidance documents the Organization, individuals perform the legal text on the quality management of construction works for the construction works by the specialized management on nationwide;
2.2. check periodically, irregular compliance of regulations on quality control for the construction of specialized processing petitions and when discovered the breach on the quality of construction works;
2.3. the periodic report on 6 months, 1 year on quality situation of specialized construction sent the Ministry of construction.
3. the people's Committee of the provincial people's Committee granted the responsibility to manage the State of the quality of construction works within its administrative boundaries. Department of construction of provincial people's committees help system for quality management of construction works on the area. The Department has the management of specialized construction works are responsible for the quality management of specialized construction work.
The Department of building and facility construction management majors are responsible for the following: 3.1. Department of construction: a) The Chairman of the provincial people's Committee issued the text guide deployment of legal texts on the management of the quality of construction works;
b) guide-level people's committees, the organizations and individuals involved in construction activities in implementation of legal documents on management of the quality of construction works;
c) periodically check, irregular compliance of regulations on quality control of construction works for the construction work on the area. The test results must be established thereon according to the model in annex 2 of this circular;
d) in collaboration with the Department of management has specialized construction work when checking the specialized construction work;
DD) owner's Guide, the home owner or professional use management to resolve the issue for the construction work; reports The build results to resolve the issue of the owner, Manager or owner to use;
e) report the provincial people's Committee, periodically, the compliance with the provisions on quality control of construction works and the situation of the quality of construction works;
g) provincial peoples Committee Help aggregate and construction Ministry report on the situation of the quality of construction works in six months, a year.
3.2. for facility construction management majors, including the Department of industry, Department of agriculture and rural development, the Department of transportation (or Department) responsible for: a) to perform the tasks referred to in points a, c and e account 3.1 this section for specialized construction work;
b) in collaboration with the Department of construction made the work referred to in points c, e 3.1 this item accounts for specialized construction work;
c) recurring reports on 6 months, 1 year on the situation of the quality of specialized construction works on the send Department of construction.
II. About the responsibility of investing in quality management of construction works the owner is responsible for the comprehensive management of construction quality and efficiency of investment projects of its construction are defined in chapter III, IV, V of Decree No. 209/2004/ND-CP 1. Quality control of building survey specified in chapter III of the Decree 209/2004/ND-CP of 1.1. Investors approved the mission building survey, technical survey mission and construction of additional construction survey was established under the provisions of articles 6, 7, 9 of the Decree 209/2004/ND-CP before approval, when necessary the owner can rent the Organization, individuals are eligible for capacity building assessment survey mission building survey , technical building survey 1.2. Investors sent experts to supervise the building survey as defined in article 11 of the Decree 209/2004/ND-CP. The absence of suitable qualified, then hire someone who has the appropriate expertise to conduct the monitoring.
1.3. The investor held trials reported survey results build upon the provisions of article 12 of the Decree 209/2004/ND-CP and invited experts, professional organisations involved when necessary.
2. design quality management are specified in chapter IV of the Decree 209/2004/ND-CP of 2.1. The owner is responsible for set up or rent making the task of designing the building stated in point a of paragraph 2 article 7 of Decree 16/2005/ND-CP and in art. 1 of Article 13.14 of the Decree 209/2004/ND-CP missions designed to specify the requirements and conditions to implement design contractors. At the design stage, the task of design can be complemented with suitable conditions to ensure effective investment projects for construction.
2.2. The mission design was the owner approval is pursuant to the design contractor made. Before approval, the owner invited expert suggestions design tasks when necessary. The owner must report the investment decision after approval of the design tasks.
For the work to implement the architecture owner is responsible for establishing design tasks to the investment decision for approval as defined in points b, c paragraph 1 section II circular No. 05/2004/TT-BXD dated 12/4/2005 of the Minister of construction guidelines examination the architectural design of buildings.

2.3. specific conditions the base of investment projects in construction, level and form of work done when the contract owner signing the contract with one or more organizations and individuals implement the design owner shall be responsible for the control and coupling the entire design or can be delivered to the general contractor to ensure design consistency unified, timely processing, the resulting effective assurance of the project.
2.4. The investor himself held the evaluation, approval of the design, engineering, construction drawing design, estimation, the total estimation for the construction works are projects as defined in article 16 of Decree 16/2005/ND-CP decided to approve the design, engineering, construction drawing design estimation, and the total estimate is created according to model Annex 1A, addendum 1B and 1 c of the appendix to this circular.
The case owner does not qualify the capacity evaluation then allowed individual organizations hire consultants are qualified to design verification capacity, estimation of works for the whole or part of the content of the provisions in paragraph 2 and paragraph 3 of article 16 of Decree 16/2005/ND-CP as a basis for the evaluation , for approval. Consulting design verification to be eligible for this type of design ability and level with public works get verified. The presiding design verification must condition the capacity as Chairman of the design works that investors require design verification.
2.5. The owner must establish legal properties of the product before making a design execution through confirmation by signature and seal of approval certifying the owner form Appendix 1 d on the design drawings.
3. On the management quality of construction is specified in chapter V of the Decree 209/2004/ND-CP DATED 3.1. The investor established project management or consultative organizations hire project managers according to the decision of your investment decision under the provisions in article 35 of the Decree 16/2005/ND-CP project management must have the capacity to correspond with the consulting project management prescribed in clause 1 Article 56 of Decree 16/2005/ND-CP missions powers of the investor, project management and consulting in project management are specified in articles 36, 37 of the Decree 16/2005/ND-CP for the repair or construction of small scale, simple under-invested 1 billion, then the investor may not establish project management but must be approved by the investment decision. The owner must send in project management and consulting organizations hire design, construction supervision to help make.
3.2. The investor himself held the construction quality supervision of building works in accordance with the provisions of article 21 of Decree No. 209/2004/ND-CP when qualified supervision ability construction of the provisions of article 62 of Decree 16/2005/ND-CP owner case not qualified supervision ability construction according to the regulations, the owner handed to Consulting project management duties supervision of building works when there is enough capacity conditions stipulated in article 62 of Decree 16/2005/ND-CP. Case consulting project management not qualified supervision capability building of the owner to hire a supervising the construction.
The investor must regularly test and urge supervision work of construction project management by the Board, hosted project management consultants and contractors overseeing the construction done.
3.3. The owner is responsible for reporting according to the model in annex 4 of this circular 6-month recurring, 1 year on the situation of the quality of the work submitted construction Facility.
3.4. The investor requires building contractor set diaries book construction works.
The diary of the construction works is the original document of execution (or projects) to Exchange internal information of the building contractor; the exchange of information between the owner, contractor, building contractor, construction design. The log book the construction works are numbered pages, stamped by the construction contractor.
Construction contractors construction log construction works prescribed in point d article 19 paragraph 1 of Decree 209/2004/ND-CP has the content: the list of the technical staff of the participating contractors construction (the title and duties of each person); construction situation developments daily, the situation of construction of each type of work, details the entire process; brief description of construction methods; the actual condition of the structure, material use; These discrepancies compared with the drawing, indicate the cause, attached the repair measures; the content delivered by American execution before for ca execution; review of the quality management Department in the field of quality construction.
3.5. The owner and the contractor overseeing the construction of owner, supervision designed to write to the log window constructions according to the contents specified in point d of paragraph 1 of article 21 of the Decree 209/2004/ND-CP include: a list of tasks and powers of the supervisor; test results and construction supervision; the comments about the process and ask the construction contractors remedial the wrong about the quality of construction works; design changes during construction.
3.6. The owner requests contractor to build the internal test construction, parts of construction works, the period of construction, the projects and the works before construction contractor release requirement the investor experience with components directly involved in collecting the following :-Captain;
-Person in charge of the construction techniques directly;
-Head direct construction workers;
-A representative of the contractor, the construction phase of receiving to continue execution (if any)-quality management representatives help the Commander of the school;
-Representatives of the technical Rooms of the building contractor.
3.7. The investor company held the building, parts of construction works, the period of construction, the projects and construction work as defined in Article 23, article 24, article 25 and article 26 of the Decree 209/2004/ND-CP for the construction works hard to fix defects when deploying the next job as construction parts implicitly, partly the projects bearing important investor ask contractors involved design experience.
When organizing trials completed construction projects and construction work put to use, the owner invited the home agent using Manager or owner works to attend trials.
3.8. The investor held handed to the owner, the owner use the work after having held trials completed works as specified.
III. The jurisdiction decisions dismantling are specified in article 86 of law build 1. The Authority decided to demolition The demolition works are specified in paragraph 1 to article 86 of the law building is done at the discretion of the provincial people's committees, district level depending on the scale. The case of the owner or owners of using the Executive not works then coerced dismantling and bear all the costs for the demolition work.
2. Establishment, approved solution construction demolition

After you have decided the dismantling of the competent bodies referred to in paragraph 1 of this section, who was holding the demolition works are created and approved demolition solution. When there are adjacent or non-adjacent households but the dismantling could affect neighbouring buildings, the demolition solution must have the agreement of the owners of the adjacent home and household works.
Depending on the scale and nature of the work need dismantling, in case of need who was holding the demolition works should take the opinions of the experts on solutions to dismantling before approval.
IV. Terms of transfer conditions for the Organization of the class not yet eligible to rated and new organizations established provisions in Chapter V of the Decree 16/2005/ND-CP 1. For a project management organization not yet eligible, if the project manager has done at least 5 projects in the categories of reporting requirements of technical-economic construction is done project management group c. 2. For organizations building survey is not yet eligible to be rated, if made at least 5 duty to survey the construction of grade IV then made the task of building survey of the same kind of grade III.
3. for the design consultant organization have yet to qualify for the ranking, if has designed at least 5 grade IV then designed grade III of the same type.
4. for the organization supervising the construction works have yet to qualify for the ranking, if supervision were at least 5 grade IV, is monitoring the construction level III of the same type.
5. for organization of construction works not yet qualified ratings, if executed restoration 3 buildings then be construction grade IV and then if were the construction of at least 5 grade IV, was the construction of grade III of the same type.
V. terms of enforcement 1. This circular has the effect after 15 days from the Post Gazette.
2. Ministers, heads of ministerial agencies, government agencies, the Chairman of the people's committees of provinces and cities under central are responsible for implementation of this circular. In the process if there are obstacles, agencies, organizations and individuals submitted comments on the Ministry of construction to consider, resolve./.