DECISION

PROMULGATING THE REGULATION ON CONTRACTORS CAPABILITY CONDITIONS FOR EXECUTING CONSTRUCTION JOBS, WORKTTEMS OR WORKS SUBJECT TO SPECIAL REQUIREMENTS

THE MINISTER OF CONSTRUCTION

Pursuant to November 26, 2003 Construction Law No. 16/2003/QH11;
Pursuant to the Governments Decree No. 17/ 2008/ND-CP of February 4, 2008, defining the functions, tasks, powers and organizational structure of the Ministry of Constniction;
Pursuant to the Governments Decree No. 16/ 2005/ND-CP of February 7, 2005, on the management of investment projects on the construction of works;
Pursuant to the Governments Decree No. 112/ 2006/ND-CP of September 29, 2006, amending .and supplementing a number of anicles of the Governments Decree No. 16/2005/ND-CP of February 7, 2005, on the management of investment projects on the construction of works;
At the proposal of the director of the Department for Management of Construction Works,

DECIDES:

Article1. To promulgate together with this Decision The Regulation on contractors capability conditions for executing construction jobs, work items or works subject to special requirements.

Article 2. This Decision takes effect 15 days after its publication in "CONG B AO."

Article 3. Organizations engaged in construction activities and concerned agencies, organizations and individuals shall implement this Decision.

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FOR THE MINISTER OF CONSTRUCTION
VICE MINISTER




Cao Lai Quang

REGULATION

ON CONTRACTORS CAPABILITY CONDITIONS FOR EXECUTING CONSTRUCTION JOBS, WORK ITEMS OR WORKS SUBJECT TO SPECIAL REQUIREMENTS
(Promulgated together with the Construction Ministers Decision No. 10/2008/QD-BXD of June 25, 2008)

Chapter 1

GENERAL PROVISIONS

Article 1. Purpose

This Regulation is promulgated to provide for contractors capability conditions for executing construction jobs, work items or works subject to special requirements in order to ensure construction quality and safety for humans, works and adjacent works.

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This Regulation applies to organizations and individuals involved in executing construction jobs, work items or works subject to special requirements.

Article 3. Interpretation of terms

In this Regulation, the terms below are construed as follows:

1. Construction job, work item or work subject to special requirements means a construction job, work item or work involving complicated technical processes, which are likely to cause unsafe mishaps in the course of execution, and requiring capable contractors to execute in order to ensure construction quality and safety for humans, the work and adjacent works.

2. Suitable discipline means a professional discipline in which a person holding the title of the construction sites chief commander, person in charge of technical matters or technician has been trained, suitable to the construction job, work item or work subject to special requirements under this Regulation, specifically:

a. For reinforcing foundations with barrettes or bored piles: The construction or engineering geology discipline is required.

b. For dismantling works: The construction discipline is required.

c. For installing extra-long and extra-heavy equipment: The mechanical engineering discipline is required.

d. For constructing works basements: The construction discipline is required.

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f. For constructing tanks, reservoirs or petrol, oil or gas pipelines: The construction or mechanical engineering discipline is required.

g. For constructing civil or industrial works: The civil and industrial construction discipline is required.

h. For constructing tower-shaped works: The construction or mechanical engineering discipline is required.

i. For constructing bridges: The bridge and road construction discipline is required.

j. For constructing underground works: The underground and mining construction or underground bridge construction discipline is required.

k. For constructing at-sea works: The sea work construction discipline is required.

Chapter 2

CONTRACTORS CAPABILITY CONDITIONS FOR EXECUTING CONSTRUCTION JOBS, WORK ITEMS OR WORKS SUBJECT TO SPECIAL REQUIREMENTS

Article 4. Construction jobs, work items and works subject to special requirements

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1. Jobs:

a. Reinforcing foundations with the use of barrettes and bored piles for different construction works.

b. Dismantling works of 10 or more meters in height.

c. Installing extra-long and extra-heavy equipment

2. Work items:

a. Basements of high rises and other works, and underground parking lots.

b. Dams of over 25 meters in height, including concrete, soil and stone dams of irrigation and hydropower works.

c. Tanks, reservoirs and petrol, oil and gas pipelines.

3. Works:

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b. Tower-shaped works of 50 or more meters in height.

c. Bridges with principal spans of 100 or more meters in length, arched bridges of 50 or more meters in height, or bridges with piers of 30 or more meters in height.

d. Underground works such as pits of mining, hydropower, traffic and other works.

e. At-sea works such as breakwaters, drilling rigs, offshore oil and gas pipelines, and other offshore works.

Article 5. Contractors capability conditions

When executing construction jobs, work items or works subject to special requirements specified in Article 4 of this Regulation, contractors must meet the following capability conditions:

1. The construction sites chief commander or person in charge of technical matters under the contractors management must have a university degree in the suitable discipline; have participated in construction activities for at least 7 consecutive years; and have participated in executing at least one construction job, work item or work of the same type subject to special requirements which is of similar size or immediate smaller size.

2. The contractors technicians working at construction sites must have a university or collegial degree in the suitable discipline; have participated in construction activities for at least 2 consecutive years, for those having a university degree, or 4 consecutive years, for those having a collegial degree.

3. Technical workers directly engaged in executing construction jobs, work items or works subject to special requirements must have suitable job-training certificates. Particularly, operators of principal construction machines or equipment subject to strict safety requirements must have at least one years experience.

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5. Contractors must have participated in executing at least one construcdon job, work item or work of the same type subject to special requirements which is of immediate smaller size.

6. Depending on the work volume and size, contractors executing construction jobs, work items or works subject to special requirements must have adequate and capable technicians, technical workers as well as machines and equipment suitable to each construction job, work item or work under this Regulation. Contractors may hire subcontractors in order to fully satisfy the capability conditions as required in Clauses 1,2, 3 and 4 of this Article.

Chapter III

ORGANIZATION OF IMPLEMENTATION

Article 6. Responsibilities of investors

1. To select contractors who are capable of executing construction jobs, work items or works subject to special requirements under this Regulation and be held responsible before law for the selection of contractors who are incapable of executing construction jobs or works subject to special requirements, in case of mishaps causing human and property damage.

2. To regularly supervise contractors in the observance of current regulations, and suspend or terminate construction until the contractors satisfy the capability conditions under signed contracts and this Regulation.

3. Other responsibilities as defined by law.

Article 7. Responsibilities of contractors

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2. To observe standards, technical regulations and approved designs; to organize self-supervision to assure construction and take-over test quality according to current regulations.

3. To take responsibility before investors and law for failure to satisfy the capability conditions specified in this Regulation for executing construction jobs, work items or works subject to special requirements.

4. Before executing construction jobs, work items or construction works subject to special requirements, to have construction measures approved under regulations and have plans to manage and limit risks and prevent mishaps.

5. Other responsibilities as defined by law.

Article 8. Responsibilities of concerned agencies

1. The Ministry of Construction shall assign the Department for Management of Constniction Activities to guide and inspect the implementation of this Regulation.

2. Ministries, branches and provincial-level Peoples Committees shall guide and inspect investors under their management in the implementation of this Regulation. Particularly, provincial-level Peoples Committees shall direct concerned functional agencies in conducting inspection, and handling violations committed by investors and contractors in the implementation of this Regulation in their localities.

3. Provincial-level Construction Services shall:

a. Inspect contractors capability conditions for executing construction jobs, work items or works subject to special requirements in localities under this Regulation.

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