Independence - Freedom - Happiness
No: 08/2006/TT-BXD
Hanoi, November 24, 2006
Pursuant to the Government's Decree No. 209/2004/ND-CP of December 16, 2004, on quality management of construction works;
Pursuant to the Government's Decree No. 90/2006/ND-CP of September 6, 2006, guiding the implementation of the Housing Law;
Pursuant to the Government's Decree No. 36/2003/ND-CP of April 4, 2003, defining the functions, tasks, powers and organizational structure of the Ministry of Construction,
The Ministry of Construction guides the maintenance of construction works as follows:
1. Scope, subjects and objects of application
This Circular provides concerned organizations and individuals with guidance on the contents and order of maintenance of construction works which are funded with capital of any sources and of any ownership forms in Vietnamese territory.
2. Purposes of maintenance
Maintenance aims to preserve architectural characteristics and utilities of works to ensure that the works can be operated and exploited in compliance with their design requirements throughout the process of their exploitation and use.
3. Dossiers and documents used for the maintenance of construction works
3.1. Dossiers and documents used for the maintenance of a construction work include:
a/ A dossier on the completion of the construction work (legal dossier and quality management document);
b/ The book for monitoring the operation or use of the work;
c/ A document on the process of maintenance of the work;
d/ Dossiers and documents on periodical inspections of the work or its parts or components during its exploitation and use;
e/ A document on technical standards for the maintenance of the work.
3.2. Dossiers and documents used in the maintenance of a work must be archived and updated with the changes in the work.
4. Responsibilities of concerned organizations and individuals for the maintenance of works
4.1. Design contractors: To develop a process of maintenance of construction works.
4.2. Owners and use managers:
a/ To organize the maintenance of construction works according to the process developed by design contractors;
b/ The application of this Circular is encouraged for works which are separate dwelling houses in rural, deep-lying or remote areas or private one-story houses without street frontage.
4.3. Ministries managing specialized construction works:
a/ To promulgate documents guiding organizations and individuals to implement legal provisions on the maintenance of works, and promulgate technical standards and regulations on the maintenance of specialized construction works throughout the country which are under their management;
b/ To inspect and urge localities to manage the maintenance of construction works.
4.4. Provincial-level People's Committees:
Provincial-level People's Committees shall perform the state management of the maintenance of construction works located within the administrative boundaries under their management. Provincial-level Construction Services shall assist their provincial-level People's Committees in uniformly managing the maintenance of construction works in localities. Provincial-level Services managing specialized construction works shall manage the maintenance of those works.
a/ Provincial-level Construction Services:
- To submit to provincial-level People's Committee presidents for promulgation documents guiding the implementation of legal documents on the maintenance of construction works in localities; to inspect the observance of regulations on the maintenance of construction works of grade III to special grade irrespective of their investment capital sources, construction works affecting urban architecture or involving incidents, threatening to cause catastrophes to people, assets or the environment.
- To assist provincial-level People's Committees in sending annual review reports to the Construction Ministry on the maintenance of civil, industrial construction-material or urban infrastructure works of grade III to special grade, irrespective of their capital sources, and works affecting urban architecture under local management.
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