THE MINISTRY OF CONSTRUCTION

Circular No. 05/2015/TT-BXD dated October 30, 2015 of the Ministry of Construction providing for the management of construction quality and maintenance of detached houses
Pursuant to the Law on Construction No. 50/2014/QH13;
Pursuant to the Law on Housing No. 65/2014/QH13;
Pursuant to Decree No. 62/2013/ND-CP dated June 25, 2013 by the Government defining the functions, tasks, entitlements and organizational structure of the Ministry of Construction;
Pursuant to Decree No. 46/2015/ND-CP dated May 12, 2015 by the Government on the management of quality and maintenance of construction works;
Pursuant to Decree No. 59/2015/ND-CP dated June 18, 2015 by the Government on the management of construction project;
At the request of Director of Construction Quality Inspectorate,
The Minister of Construction hereby promulgates Circular providing for the management of construction quality and maintenance of detached houses.
Article 1. Scope of adjustment and subject of application
1. Scope of adjustment
This Circular provides for the management of construction quality and maintenance of detached houses.
2. Subject of application
This Circular applies to organizations, households and individuals related to the construction and maintenance of detached houses within Vietnam’s territory.
Article 2. Interpretation of terms
In this Circular, these terms can be construed as follows:
1. Detached house (hereinafter referred to as house) means a work built within a premise of residential land owned by a household or individual according to law provisions.
2. Adjacent work means a work next to a house to be built, which shares or does not share a structural unit (foundation, pillar, wall, floor or roof) with the house.
3. Neighboring work means a work located near the construction site of a house, which may subside, change its shape, or suffer other damage as a result of construction of the house.
4. House owner means an organization/individual that owns capital invested in the construction of housing.
Article 3. Basic principles for house quality management and maintenance
1. The inspection, design and construction of housing shall be in accordance with the approved construction master plan, the construction license (if any) and other relevant requirements specified in Clause 3 Article 79 of the Law on Construction No. 50/2014/QH13.
2. The house owner and organizations and individuals relevant to the quality management and maintenance of housing are responsible for their tasks according to law provisions and according to the signed contracts (if any).
Article 4. Construction survey for housing
Depending on the scale of the house, the construction survey shall be carried out as follows:
1. Regarding housing with less than 7 floors, the house owner may conduct the construction survey himself/herself or hire an eligible individual/organization to do it. If the house owner decides not to hire an individual/organization to conduct the construction survey, he/she may apply any of the following methods: direct inspecting via a manual dug hole to determine the thick and quality of ground layers and to determine the expected ground layer for laying the foundation; referring to the geological survey figures of the work, methods for treating the foundation of adjacent works and neighboring works; referring to the geological survey figures of the work provided by competent agencies/organizations.
2. Regarding housing with 7 floors or more, the construction survey shall be conducted by an eligible surveying organization.

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* The Appendices are not translated.