CIRCULAR

AMENDMENT AND ADDITION OF SOME ARTICLES IN CIRCULARS PROVIDING GUIDANCE ON DECREE NO. 15/2013/ND-CP DATED FEBRUARY 02, 2013 OF THE GOVERNMENT ON MANAGEMENT OF QUALITY OF CONSTRUCTIONAL WORKS

Pursuant to Decree No. 62/2013 / ND-CP dated June 25, 2013 of the Government defining the functions, tasks, powers and organizational structure of the Ministry of Construction;

Pursuant to Decree No. 15/2013 / ND-CP dated February 06, 2013 of the Government on quality management of construction works;

Pursuant to Decree No. 12/2009 / ND-CP dated February 12, 2009 of the Government on management of construction investment projects; Decree No. 83/2009 / ND-CP dated October 15, 2009 of the Government amending and adding some articles of Decree No. 12/2009 / ND-CP dated February 12, 2009 of the Government of management construction investment projects;

At the request of the Director of State Authority for Construction Quality Inspection and the Director of Department of Construction Activities Management;

The Minister of Construction issues Circular amending and adding some articles of Circular No. 10/2013 / TT-BXD dated July 25, 2013 detailing some of the contents of quality management of constructional works, Circular No. 12/2013 / TT-BXD dated July 31, 2013 regulating the issuance of awards on quality of constructional works, Circular No. 13/2013 / TT-BXD dated August 15, 2013 regulating the verification and approval for design of constructional works of the Ministry of Construction,

Article 1. Amendment and addition of Circular No. 10/2013/TT-BXD dated July 25, 2013

1. Amendment of Clause 2 of Article 2 as follows:

“2. The legal representative of investor may authorize the project management unit in case of direct project management or consultation of project management in case of hiring consultant of project management to carry out one or number of contents specified in Clause 1 of this Article, except for contents of approval for design of work construction.”

2. Amendment and addition of Clause 7, Article 24 as follows:

“7. The inspection expenses of acceptance to put the works into operation are included in the total works construction investment including the inspection expenses of specialized constructional agency, expenses of individual (expert) hiring, expenses of hiring of non-business unit or organization with appropriate qualifications to carry out the inspection of acceptance to put the works into operation in case of requirement of the specialized constructional agency as stipulated in Clause 6 of this Article. The inspection expenses of acceptance to put the works into operation are defined as follows:

a) The inspection expenses of specialized constructional agency according to the instruction on business expenses of the Ministry of Finance include the travel expenses, accommodation expenses and other expenses in service of inspection work;

b) Expenses of expert hiring of the specialized constructional agency include the travel expenses, accommodation expenses and expert remuneration;

c) Expenses of hiring of non-business unit and organization carrying out the acceptance work to put the works into operation are estimated based on the volume of work to be done as required by the specialized constructional agency and regulation of law on preparation and management of expenses of construction investment.

d) The specialized constructional agency prepares the estimate of cost of inspection under the current regulations including the expenses specified at Point a and b of this Clause. The estimate of inspection expenses is a basis for the investor to make payment of actual expenses of the specialized constructional agency during the inspection.”

3. Amendment of Point a and b, Clause 2 of Article 25 as follows:

“2.The specialized constructional agency directly under the Ministry of Industry and Trade shall carry out the inspection of the following works:

a) Works of grade I or higher regardless of capital include the types: power transmission lines and substations, power plants, thermal power plants, metallurgical plants, aluminum factory, petrochemical and gas processing plants, storage and pipeline ( gasoline, oil, liquefied petroleum gas), manufacturing plants and storage of hazardous chemicals, manufacturing plants and storage of industrial explosives;

b) Works of grade II and III include the types: power transmission lines and substations, power plants, thermal power plants, metallurgical plants, aluminum factories in the construction investment projects the investment of which is decided by the Minister of Industry and Trade.”

4. Amendment of Point b, Clause 6 of Article 25 as follows:

“b) Department of Industry and Trade:

- Works of grade II and III include the types: power transmission lines and substations, power plants, thermal power plants, metallurgical plants, aluminum factories, except for works specified at Point b, Clause 2 of this Article.

- Works of grade IV, III, II include the types: petrochemical and gas processing plants, storage and pipeline (gasoline, oil, liquefied petroleum gas), manufacturing plants and storage of hazardous chemicals, manufacturing plants and storage of industrial explosives, except for works specified at Point C, Clause 2 of this Article.”

5. Addition of Clause 10 of Article 25 as follows:

“10. The state management agency of construction shall not carry out the inspection of acceptance work to put the works into operation for works which have been inspected for acceptance by the state acceptance Council.”

6. Amendment and addition of provision on classification in Annex I

a) Amendment of Clause I.1.1.2. Individual houses at section I.1.1 House in Table I.1. Classification of civil works as follows:

b) Addition of Point Article, Clause I.1.2.3. Sports facilities: stadiums, gymnasiums, and other sports facilities in section I.1.2 Public Works in Table I.1 Classification of types of civil works as follows:

c) Amendment of Point d, Clause I.1.2.5 Services and commercial works under section I.1.2 Public works in Table I.1 Classification of types of civil works as follows:

d) Amendment of Point a, Clause I.1.2.6 Works of information and communications under section I.1.2 Public works in Table I.1 Classification of types of civil works as follows:

dd) Amendment of Clause II.1.5.1 Thermal power plant (center) under section II.1.5 Energy works in Table II.1 Classification of types of industrial works under the main production technology line as follows:

e) Amendment of Clause II.1.5.1 Lines and substations under section II.1.5 Energy works in Table II.1 Classification of types of industrial works under the main production technology line as follows:

g) Amendment of Clause III.1.3.1 Urban solid waste under section III.1.3 Treatment of solid waste in Table III.1 Classification of technical infrastructure works as follows:

h) Amendment of Clause III.1.4.3 Cemetery under section III.1.4 Other works in Table III.1 Classification of technical infrastructure works as follows:

i) Addition of Clause 5 of note of Table I.1, I.2 và I.3; Clause 5 of note of Table II.1, II.2; Clause 4 of note of Table III.1, III.2; note of Table IV with the following contents:

“Retaining wall works or bulk materials is classified by the retaining wall works of section V.1.4 Table V.”

k) Amendment of section IV.1.3 Urban road and section IV.1.4 Rural road works Table IV Classification of traffic works as follows:

Article 2. Amendment and addition of Clause 2, Article 2 of Regulation on issuance of awards on quality of constructional works promulgated with Circular No. 12/2013/TT-BXD dated July 31, 2013 as follows:

“2. Works which have been accepted upon completion and put into operation at least to the end of the warranty period for works in attendance at National Award for quality of constructional works; works which have been accepted upon completion and put into operation for the Award of works of high quality by the time of registration for award consideration.”

Article 3. Amendment and addition of Circular No. 13/2013/TT-BXD dated August 15, 2013

1. Amendment of Point c, Clause 2 of Article 4 as follows:

“c) The rationality of the design to ensure the cost saving in works construction: checking of compatibility between the principal volume of estimate and the design volume; checking of the correctness and rationality of the application of benefits and policies and unit cost and norm of works construction, rate norm, estimate of consultation expenses and other expenses, determination of estimated value of the works; evaluation of design solution for the saving of construction costs.”

2. Amendment of Point a and b, Clause 4 of Article 5 as follows:

“4.The specialized constructional agency directly under the Ministry of Industry and Trade shall carry out the inspection:

a) Works of grade I or higher regardless of capital include the types: power transmission lines and substations, power plants, thermal power plants, metallurgical plants, aluminum factory, petrochemical and gas processing plants, storage and pipeline ( gasoline, oil, liquefied petroleum gas), manufacturing plants and storage of hazardous chemicals, manufacturing plants and storage of industrial explosives;

b) Works of grade II and III include the types: power transmission lines and substations, power plants, thermal power plants, metallurgical plants, aluminum factories in the construction investment projects the investment of which is decided by the Minister of Industry and Trade.”

3. Amendment of Point d, Clause 7, Article 5 as follows:

“d) Department of Industry and Trade:

- Works of grade II and III include the types: power transmission lines and substations, power plants, thermal power plants, metallurgical plants, aluminum factories, except for works specified at Point b, Clause 4 of this Article.

- Works of grade IV, III, II include the types: petrochemical and gas processing plants, storage and pipeline (gasoline, oil, liquefied petroleum gas), manufacturing plants and storage of hazardous chemicals, manufacturing plants and storage of industrial explosives, except for works specified at Point C, Clause 4 of this Article.”

4. Addition of Clause 9 of Article 5 as follows:

 “9. Based on the reality of localities, the provincial People’s Committee may authorize the inspection of design for some works of grade III and IV under the inspection responsibility of the Department of Construction and Department managing the specialized constructional works to the district People’s Committee, management Board of urban cities and Management Board of Industrial Zones.”

5. Addition of Clause 10 of Article 5 as follows:

“10. When inspecting the design of road works in urban areas, based on the corresponding authority specified in Clause 1, 2 and 7 of this Article, the specialized constructional agency of the Ministry of Transport and the Department of Transport is responsible for consulting the specialized constructional agency of the Ministry of Construction and the Department of Construction about the items of tree, lighting, water supply and drainage, technical tunnels and other urban technical infrastructure items (if any) to ensure the uniformity and improve the efficiency of utilization, saving of costs and landscape and environment.”

6. Addition of Clause 11 to Article 5 as follows:

“11. Within 07 working days after the receipt of all valid documents on consultation specified in Clause 10 of this Article, the specialized constructional agency directly under the Ministry of Construction and the Department of Construction shall send their opinions to the specialized constructional agency of the Ministry of Construction and the Department of Construction.

If exceeding the above time limit without any written opinions from the specialized constructional agency under the Ministry of Construction and the Department of Construction, the specialized constructional agency of the Ministry of Transport and the Department of Transport have the right to inform the inspection result of urban road works to the investor. The specialized constructional agency directly under the Ministry of Construction and the Department of Construction is responsible for not having its own opinions.”

Article 4. Transitional provision

1. For investment construction projects with decision on investment before the effective date of this Circular, the grade of works of the project is determined under the investment Decision;

2. For investment construction projects with decision on investment afterthe effective date of this Circular, the grade of works of the project is determined under the provisions of this Circular;

Article 5. Effect

1. This Circular takes effect from September 01, 2014.

2. Any problem arising during the implementation of this Circular should be reported to the Ministry of Construction for consideration and settlement./.