Circular No. 10/2013/TT-BXD of July 25, 2013, on construction quality management

THE MINISTRY OF CONSTRUCTION

Circular No. 10/2013/TT-BXD of July 25, 2013, on construction quality management

Pursuant to the Government’s Decree No. 63/2012/ND-CP of August 31, 2012, defining the functions, tasks, powers and organizational structure of the Ministry of Construction;

Pursuant to the Government’s Decree No.

15/2013/ND-CP of February 6,2013, on quality management of construction works (below referred to as Decree No. 15/2013/ND-CP);

Pursuant to the Government’s Decree No. 12/2009/ND-CP of February 12, 2009, on management of construction investment projects; and Decree No. 83/2009/ND-CP of October 15,2009, amending and supplementing a number of articles of Decree No. 12/2009/ ND-CP of February 12, 2009;

Pursuant to the Government’s Decree No. 108/2009/ND-CP of November 27, 2009, on investment under Build-Operate-Transfer contracts, Build-Transfer-Operate contracts and Build-Transfer contracts (below referred to as Decree No. 108/2009/ND-CP); and Decree No. 24/2011/ND-CP of April 5, 2011, amending and supplementing a number of articles of Decree No. 108/2009/ND-CP of November 2 7, 2009 (below referred to as Decree No. 24/2011/ ND-CP);

Pursuant to the Prime Minister’s Decision No. 71/2010/QD-TTg of November 9, 2010, promulgating the Regulation on pilot investment in the form of public-private partnership;

At the proposal of the Director of the State Authority for Construction Quality Inspection;

The Minister of Construction promulgates the Circular detailing a number of contents of quality management of construction works.

Chapter I

GENERAL PROVISIONS

Article 1. Scope of regulation and subjects of application

1. Scope of regulation:

a/This Circular details a number of provisions on quality management of construction works of Decree No. 15/2013/ND-CP, applicable to construction works invested with any funding sources;

b/ The contents of appraisal, verification and approval of construction designs and quality management of construction of separate houses, and other relevant contents are provided in other circulars of the Ministry of Construction.

2. Subjects of application

Vietnamese and foreign organizations and individuals involved in the quality management of construction works in Vietnam.

Article 2. Division of responsibilities for quality management of construction works of the investor and project management board or project management consultants

1. The investor shall organize the quality management of construction works from survey, design, construction, test before acceptance to warranty, including:

a/ Selecting capable contractors to carry out construction activities; approving subcontractors to participate in construction activities as proposed by the primary or general contractor in accordance with the contracts;

b/ Managing the quality of construction survey and design under Articles 13, 18 and 21 of Decree No. 15/2013/ND-CP and relevant provisions of this Circular;

c/ Managing the quality of construction under Article 24 of Decree No. 15/2013/ND-CP and relevant provisions of this Circular;

d/ Organizing tests before acceptance of construction works under Article 31 of Decree No. 15/2013/ND-CP and relevant provisions of this Circular;

dd/ Organizing warranty of construction works under Chapter V of Decree No. 15/2013/ ND-CP;

e/ Preserving dossiers of works under Article 28 of this Circular;

g/ Settling incidents under Chapter VI of Decree, No. 15/2013/ND-CP and relevant provisions of this Circular;

h/ Complying with requests of state management agencies in charge of construction in accordance with law during the construction process.

2. The at-law representative of the investor may authorize the project management board (in case of direct management) or the project management consultant (for hired project management consultants) to perform one or some tasks mentioned in Clause 1 of this Article, except approving the construction design task and construction design as the basis for organizing bidding to select construction contractors, approving results of bidding and selection of contractors, carrying out tests before acceptance or approving results of tests before acceptance of completed work items or construction works before being put into use.

3. In case of authorizing the project management board, the investor shall guide, examine and take responsibility for the performance of the project management board. The project management board is responsible to the investor and law for the tasks and powers authorized by the investor.

4. In case of hiring project management consultants, the investor’s authorization of tasks to the project management consultants must be specified in the contract. The investor shall examine, urge and supervise the performance of the contract by the project management consultants. The project management consultants are responsible to the investor and law for fulfillment of contractual commitments.

5. If directly designing and building the work, the investor shall establish a construction quality management unit which is independent from the designing unit and construction unit to manage the quality of the work in accordance with this Article.