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Ministry of Construction Socialist Republic of Vietnam
No. 102/BXD-GD Independence-freedom-Happiness
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Hanoi, June 15th, 1992.
Article 1.
fundamental requirements of quality management in construction projects:
Quality management of a project is an important work in management of capital construction in order to be sure that the project meets with specific qualifications, properties and norms required in regard to the effectiveness of investment, stability, safe ty, convenience, aesthetics, and environmental protection, and conforms with the related norms, processes and rules.
Article 2.
fundamental principles of quality management of construction projects:
1. Prevent against possible violations of quality norms.
2. To make sure that quality norms be observed in all stages from preparation for construction to installations, directions and commissioning of projects.
3. To detect and settle in time all violations of construction quality and prevent against all life and property incidental damages.
4. to ensure strict observance of the law and the close links between economic interests with the sense of responsibility of all members related to the construction projects as far as the quality is concerned.
Article 3.
Contents of quality management of construction projects.
A. STATE ADMINISTRATION
1. To organize relevant bodies to undertake quality management of construction projects.
2. To promulgate or to propose for promulgation by the State, the regimes, policies, norms, rules and regulations governing the application of Vietnamese and foreign standards in connection with the quality of a construction project.
3. To conduct State inspection, control and examination and to act as arbitrator in the settlement of disputes regarding the quality of a construction project.
4. To exercise State administration of quality management activities of construction projects.
5. To train personnel, foster their technical expertise, to conduct scientific research and international co-operations and disseminate professional information about the quality of building projects.
B. QUALITY MANAGEMENT BY PRODUCTION UNITS
1. To set appropriate forms of organizations to effect systematic control and management of the quality of products and construction projects.
2. The units producing building materials, commodities and equipment used in building projects take responsibility for product quality and quality management according to State regulations.
3. The survey, design, construction and assembly units must adopt their own appropriate process for the management of production quality. They shall be liable before the law for their work in the building project and must define concrete warranty duration . In process of utilization of the projects, if a major accident happens within the warranty period, the survey, design and building and assembly unit shall be investigated for responsibility if the accident is caused by a violation of the quality and nor ms in survey, design, construction and assembly.
4. With regard to the units who are investors in construction projects:
a) for projects owned by the State, the investors shall take responsibility for quality management in a overall manner. In cases where they can not offer the desired building techniques, they must hire an organization (or an individual) who has the necess ary technical expertise to manage the quality of the project.
b) for projects owned by other entities. If he has not the necessary technical or professional expertise, the investor must hire an organization (or an individual) who has the necessary technical conditions to build and manage the quality of the project.
The investor in liable before the law for the procedures on construction, environment protection, and safety for personnel and safety against five.
Article 4.
In order to meet the norms of construction quality and to obtain a certificate on project audit, and a permit for utilization, a project must fill the following minimum conditions:
1. Availability of the dossier on quality audit for each part of the project or for the whole project, the dossier on completion, the dossier on instruction for use, the warranty certificate and the permit to put the project under operation.
2. The project has been built according to plan and the regulations and prescriptions in the construction permit.
3. The technical design is in proper form and meets the requirements of the economic and technical feasibility study and the economic and technical report already approved or the requirements of the project.
4. The building materials and the equipment used in the project must ensure the quality and meet the norms prescribed in the design.
5. Construction and assembly must be done exactly as prescribed by the technical process, the construction permit and the approved technical design.
Article 5.
Scope and objects of application of this Regulation:
1. Scope of application. All construction projects, irrespective of size, whether it is a new construction or a refurbishment and without distinction of the source of funding, the form of investment and form of ownership, must abide by the provisions of t his regulation.
2. Objects of application. This regulation applies to all organizations and individuals of all economic sectors, including foreign organizations and individuals who come to undertake construction jobs in Vietnam.
Article 6.
In order to ensure the quality of the building projects, the following are strictly forbidden:
1. All acts of fraud concerning the quality of building projects.
2. The use of invalidated Vietnamese norms or invalidated norm of the construction service, or foreign norms which have not been approved by the authorized Vietnamese office.
3. The use of unprofessional personnel or personnel not in the trade for quality management of construction projects.
4. To deliver for utilization part or the whole of the project before audit or delivery is made.
5. The undertaking of construction by any organization or individual without an operational permit (including survey, design, construction, assembly and technical control).
Article 7.
Responsibility of the organization and individual taking part in the building of projects:
1. An organization or individual shall be liable before the law for the quality of the part of the project he has undertaken to build or to carry out.
2. An organization or individual shall be liable before the law for the result of his control and evaluation of the quality of the part of the building job of which he is assigned to control and supervise the quality.
CHAPTER II Quality management of construction projects
Section 1 Issuance and application of norms
Article 8.
The building norms are the legal technical documents providing for the technical standards and norms and requirements, the method of testing and controlling the quality of products and of construction and assembly, the audit for delivery, delivery and uti lization of the project.
Article 9.
The Vietnamese standards used in construction comprise Vietnamese compulsory standards and the Vietnamese encouraged standards.
1. The Vietnamese compulsory standards are those related to the stability, durability, life expectancy, safety hygiene, environmental protection and safeguard against fires.
All construction organizations and individuals must necessarily commit themselves to apply the Vietnamese standards and the service standards when signing a construction contract with the investor of the project.
2. The standards the application of which is encouraged are those aimed at raising the quality of the building project, including quality standards higher than Vietnamese standards and service standards.
3. Every two years the Ministry of Construction shall issue by written documents a list of Vietnamese and service standards which are obligatory in the construction service.
If a foreign standard is to be applied it must have the consent of the Ministry of Construction.
Section 2 Quality control in the survey and measurement work for construction
Article 10.
All survey and measurement work for construction must have an approved technical plan and the consent of the designing office, the investor or the investing office.
Article 11.
Survey and measurement work must comply with the approved technical plan, process, rules and norms currently in force. The technical report on survey and measurement must be examined, approved and tested according to the technical process. The marker post s, the survey and measurement documents must be fully and duly preserved and in no circumstances shall the degree of primary accuracy be altered.
Article 12.
The following acts are strictly forbidden:
1. To conduct survey and measurement for construction without an operating permit or with a borrowed permit.
2. To reuse the results of previous surveys and measurements and other date from previous surveys and measurements without checking or re-evaluating them.
3. To supply untruthful data, modifying or fiddling with data recorded at the site.
4. To evade control, inspection, and revision of survey documents as prescribed by the State.
Section 3 Quality management in construction design
Article 13.
With regard to the design unit:
1. the design must meet the requirements set out in the economic technical feasibility report (or economic technical report) already approved and must abide by the process, rules and the economic and technical norms and standards set by the State. All thi s must be clearly written in the design contract between the parties.
2. The designing and setting up of total cost estimation must be conducted in conformity with the provisions in articles 16 and 17 of the regulation on capital construction management by virtue of Decree 385-HDBT on 7 November, 1990.
3. The design unit must organize itself the technical control and put the seal of quality control on the design plan before handing it to the investor. It must also fully exercise the authorship right and the control regime toward the author. In the case of a project which requires complicated technique the ministry in charge of the design unit must organize the examination and approval of the design according to current prescriptions.
4. The technical design dossier must ensure all the contents as prescribed.
Article 14.
The inspection and approval of the technical design as well as the general expenditure plan must be conducted in the arranged order as prescribed in article 18 of the Regulation on management of capital construction promulgated under Decree 385-HDBT and i n the guiding instruction of the Ministry of Construction.
Article 15.
Only the design unit has the right to modify the design if necessary but these modifications must not be radically different from the technical design already approved by the authorized officer. All modifications must go through the procedure of control a pproval as prescribed.
Article 16.
The following are strictly prohibited:
1. To carry out the technical design without survey or measurement documents or to use inaccurate survey and measurement documents, or to conduct designing without the approved technical and economic feasibility study or the economic and technical report.
2. To deliver the blueprint without going through quality control and without the mandatory seal on self control.
3. to commit fraud in making the general expenditure plan by deliberately falsifying the volume of construction and raising the unit price.
4. To evade control and approval of the design.
Section 4 Quality control in construction and assembly work
Article 17.
The construction and assembly unit when undertaking construction and assembly must ensure conformity with the design, process, rules and norms of the State, and with the contract. It must organize internal quality control and create conditions for the aut hor control of the design by the design party and for the technical control by the investor.
Article 18.
In the process of the implementation of the contract, the construction and assembly unit must:
1. Complete the dossiers, recording and experimentation and the dossier on completion as prescribed by the law.
2. Report to the investor and the quality management office whenever defects are detected.
3. Organize the spot control during the construction of the hidden parts or any part with the complicated structure requiring a high technical and technological standard.
4. To preserve properly the construction design and the technical documents used in the completion report which shall be kept on file.
Article 19.
The following are strictly forbidden:
1. To use sub-standard or raw materials and materials, semi-finished products, machinery and equipment incompatible in quality and insufficient in quantity as prescribed by the design.
2. To make fewer experiments than required with regard to different jobs or products and to falsify the results of experiments.
3. To defraud on the volume and quality in settling the account.
4. To evade the control, inspection and audit delivery of the quality of the project.
5. To build and assemble a project without an approved design or expenditure plan.
Section 5 Audit on delivery, delivery of the construction project
Article 20.
The final audit and delivery of a construction project between the investor and the building unit must follow immediately the completion of each main job or main part of the project each installation or of the whole projects as prescribed in article 32 of the Regulation on management of capital construction under Decree 385-HDBT and by the Vietnamese standards. The authorized office shall issue utilization permit for the project only after the project has been duly audited and delivered.
Article 21.
1. The temporary use of the whole project or some installations of the project is allowed in the following circumstances:
a) Even though some parts of the project have not been completed or some defects remain but the parties agree that it can be put to temporary use without affecting the safety of the project on the whole construction chain.
b) An installation has been and assembled and featured in the contract.
In all cases there must be agreement between investor, the building unit, the design unit and the direct management office using this project.
2. A temporary use must be provided with permit of the authorized office, in which there must be clearly written:
a) The duration of the temporary use.
b) Conditions to be ensured and repairs to be undertaken.
c) The time limit for ensuring these conditions and repairs.
3. If the project cannot ensure the conditions or repairs as mentioned in the permit the authorized office may withdraw the permit for temporary use.
Section 6 Quality control during the process of utilizing the project
Article 22.
The utilization of a project after delivery must comply with the function and the requirements listed in the technical and economic feasibility report and the technical design already approved by the authorized office. It is forbidden to unilaterally modi fy the functions or to modify, expand or otherwise fundamentally change the structure and architecture of the project.
Article 23.
The investor has the responsibility to organize the observation of any deformation of the project and monitor and repair the projects on a permanent basis as prescribed for the major projects requiring a complicated technique.
Whenever an accident or deformation or a partial damage or collapse happens the investor must immediately make a written report to the local construction management authorizing as prescribed by State regulations in order to investigate into the cause.
Section 7 Investigating and examining the accident at a construction project
Article 24.
If collapse happens to part or the whole of a building which is either under construction or has been completed and is being used, it is forbidden to clear up the site before the collection, recording, measurement and photographing of the site to help in the investigation and analysis of the cause of the accident and in the determination of responsibilities has been completed.
The investigation and evaluation of the accident must be undertaken according to the prescriptions of the Ministry of Construction.
Section 8 Warranty and insurance for building projects
Article 25.
Warranty for a construction project.
All building projects irrespective of ownership, source of fund and size must be warranted in all stages (survey, design and construction) as prescribed by the State.
Insurance of a construction project.
The State encourages application of all forms of insurance for construction projects on the principles of ensuring timely settlement of the legal matters and financial losses caused by accident during the building process as well as in the utilization pro cess of the project; attaching long term responsibility to all parties in the construction in respect of the quality of the project to ensure against all losses that may occur in the future.
CHAPTER III System of quality management of construction projects
Article 26.
The system of the State management of quality of construction projects is defined as follows:
1. The State design and construction evaluation department under the Ministry of Construction is tasked to help the Minister of Construction carry out unified management of the quality of construction and provide professional guidance for the services and units in the management of the quality of construction.
2. The construction service of provinces and cities under the central government (hereunder called provincial) has the responsibility to help the People's Committee exercise the management of quality of construction in the province as prescribed by the la w, provide guidance and organize the control, inspection and evaluation of the quality of construction and provide professional guidance for the units in managing the quality of construction of the projects in the locality.
3. The ministries which have many important or special purpose projects must organize a specialized section to help the minister in monitoring and managing the quality of construction. The services who manages special purpose construction in the provinces such as the transport and water conservancy services must organize the management of quality of construction at the projects under their jurisdiction in the localities.
4. The Ministry of Construction in collaboration with the State Commission of Science, and the ministries and the people's committees draw up a plan and organize the network of sections or centers for experimentation capable of taking part in the testing operations for the management of the quality of construction.
Article 27.
The laboratory for testing the quality of construction is vested with the power of determining a number of indicators of the quality of construction projects. The department for the evaluations of design and construction of the State in collaboration with the General Department for Standardization and Measurement of the State Commission for Science organize the recognition of qualified laboratories.
Article 28.
Each year the Ministry of Construction makes public the list of important construction projects of the State for which the guarantee of quality must be registered before construction starts. The State encourages all construction units to register to ensur e the quality of construction in order to continually raise the quality of the construction projects.
Article 29.
The scientific and technical establishments of various ministries, services and localities may take part in the quality control of the construction projects as prescribed by the law if they have the necessary professional level and the technical equipment .
Article 30.
All the economic contracts in construction must have a provision stating the commitments to ensure the quality of the construction and the entity or individual responsible for the final check of the construction.
Article 31.
The activities of the system of quality management in construction must abide by the law and the regulations in this Regulation. A unit or individual shall take responsibility of quality management of the part of the project placed under his charge. All t he conclusions and decisions on settlement of violation of quality of a construction project must be correctly handled. If an incorrect decision or settlement causes economic losses, the unit (or individual) shall have to pay compensation and shall be dea lt with in accordance with the law.
CHAPTER IV Controlling and inspecting the quality of construction projects
Article 32.
The control of the quality of a construction project comprises two parts:
1. Control at the grassroots level undertaken by the units producing building material, and making survey, design, construction and assembly and the investor.
2. State control undertaken by the State quality management office.
Article 33.
The following projects must necessarily undergo quality control immediately after construction starts:
1. A construction project which, should an accident occur, would endanger the lives of many people.
2. A project of importance built for a foreign contract.
3. An important project constructed either single handed by a foreign country or in co-operation with the Vietnamese side.
Article 34.
State inspection of construction quality aims to inspect the observance of the law in connection with the quality of building projects and butting forth measures to prevent, overcome and put an end to all acts of violation of the law in connection with th e quality of construction.
Article 35.
The system of State control of construction quality includes the following:
1. Periodical inspection conducted according to prescription or plan of the State management office regarding the quality of construction. This inspection must be notified in advance to the building establishment.
2. Unnoticed inspection. This form is conducted when the State office for management of quality of construction deems it necessary to settle a dispute, a complaint or a denunciation about the quality of construction.
Article 36.
The contents of State inspection with regard to construction quality is the technical contents listed in this Statute and the regulations in the Ordinance on Commodity Quality.
Article 37.
All organizations and individuals have the right to lodge complaints with the quality management offices and the administration of different echelons on the decisions and measures of settlement if they are not satisfied with the conclusions or evaluation s by the inspector who comes to inspect the quality of the immediate higher level on technical problems must be implemented immediately after they take effect.
CHAPTER V Sanctions against violations of quality norms in construction projects
Article 38.
The person who breaches quality standard shall be subject to sanctions as stipulated in Chapter VI of the Regulations on Management of Capital Construction issued with Decree 385-HDBT, and also to the following administrative sanctions:
40.1 Violations of prohibitions listed in articles 6, 12, 16, 19 and 22 are fined:
from 1,000,000 to 2, 000,000 Dong.
40.2 failure to strictly observe prescriptions in articles 18, 24, 33 and 34 (on construction and assembly, on audit for delivery, and on technical control of the quality of the project) is fined:
from 1,000,000 to 2,000,000 Dong.
40.3 Non-compliance with any point in the approved design is fined:
from 1,500,000 to 2,000,000 Dong.
40.4 Non-compliance with any of the prescriptions of the approval or the design is fined:
from 1,000,000 to 2,000,000 Dong.
The fine must be paid individually or collectively. It is forbidden to pay the fine from the investment fund or from public funds.
Article 39.
An organization or individual who repeatedly violates the regulations on quality of building projects may, apart from fines, have his construction license withdrawn. The Ministry of Construction shall make further provisions on the authority and procedure s for levying fines and adjusting the level of fines.
CHAPTER VI Implementation provision
Article 40.
The regulations take effect as from the date of signing.
for The Ministry of Construction
Minister NGO XUAN LOC (Signed)