THE MINISTRY OF CONSTRUCTION
------- | THE SOCIALIST REPUBLIC OF VIETNAM
Independence– Freedom – Happiness
--------------- |
No. 02/2012/TT-BXD | Hanoi, June 12, 2012 |
CIRCULAR
GUIDING A NUMBER OF CONTENTS ABOUT MAINTAINING CIVIL CONSTRUCTIONS, BUILDING MATERIAL INDUSTRY CONSTRUCTIONS, URBAN TECHNICAL INFRASTRUCTURAL CONSTRUCTIONS
Pursuant to the Law on Construction No. 16/2003/QH11 of November 26, 2003;
Pursuant to the Law on Housing No. 56/2005/QH11 of November 29, 2005;
Pursuant to the Government's Decree No. 17/2008/NĐ-CP of February 04, 2008 on defining the functions, tasks, powers and organizational structure of the Ministry of Construction;
Pursuant to the Government's Decree No. 114/2010/NĐ-CP of December 06, 2010 on maintaining constructions (hereinafter referred to as the Decree No. 114/2010/NĐ-CP);
Pursuant to the Government's Decree No. 71/2010/NĐ-CP of June 23, 2010 on detailing and guiding the implementation of the Law on Housing (hereinafter referred to as the Decree No. 71/2010/NĐ-CP),
The Ministry of Construction guides a number of contents about maintaining civil constructions, building material industry constructions and urban technical infrastructural constructions as follows:
Article 1. Scope of regulation and subjects of application
1. This Circular guides the Article 26 of the Decree No. 114/2010/NĐ-CP on persons in charge of maintenance; constructions, construction part subject to compulsory measurement during the utilization; considering and making decisions on continuing to use constructions of which the designed life expectancy has expired; handling constructions with deteriorated quality and unsafe to be used; handling problems during the utilization and inspecting the construction maintenance.
This Circular is applicable to organizations, individuals related to the management and utilization of civil constructions (except for historical, cultural relics), building material industry constructions and urban technical infrastructural constructions within the Vietnam’s territory.
2. The maintenance of other kinds of constructions shall be guided by the line management ministries under Clause 1 Article 26 of the Decree No. 114/2010/NĐ-CP.
Article 2. Persons in charge of maintenance
1. Maintenance of constructions with one owner:
a) The State-owned constructions shall be maintained by the organizations, individuals assigned to manage and utilize that construction by the State;
b) For other constructions, their owners are in charge of maintenance.
The investors of urban technical infrastructural constructions are responsible to maintain the constructions until they are handed over to the State;
c) For BOT constructions (Build – Operate – Transfer), the legal representatives of the project management enterprises are responsible to maintain the construction during the operation specified in the project contract. When the operation term expires, the organization that acquire the construction transfer from the investor is responsible to keep maintaining the constructions.
2. Maintenance of constructions with one owner:
a) For housing, the owners are responsible to maintain the private part and reach an agreement to contribute to the public part as prescribed in Article 48 and Article 51 of the Decree No. 71/2010/NĐ-CP;
b) For other constructions (except housing), the owners are responsible to maintain their private part and the public part of the construction. The assignment of responsibilities for maintenance of public part must be agreed in writing or in the sale contract, lease contract by the owners or the authorized persons.
3. The owners or the authorized persons prescribed in Point b Clause 1 Article 5 of the Decree No. 114/2010/NĐ-CP must reach the agreement on the responsibilities for construction maintenance when authorizing other organizations, individuals to utilize the construction.
4. For constructions with unidentifiable owners, the persons that utilize the constructions are responsible to maintain it.
Article 3. Constructions, construction parts subject to compulsory measurement during the utilization and operation
1. During the utilization of the constructions prescribed in Annex 1 of this Circular and the constructions with signs of subsidence, cracks, tilt and other unusual signs that may cause the construction to collapse, the measurement are compulsory.
The construction part subject to compulsory measurement are the primary bearing structure system of the construction that may lead to collapse if broken (e.g. The spatial roof frame, the primary bearing framework, the stadium stand, the chimney, the silo…).
2. The measurement location, measurement figures and limits of these figures (e.g. the tilt, subsidence, cracks, sag…); the time of measurement, the quantity of measurement cycles and other necessary contents shall be stipulated by the contractor that designs and build the constructions.
3. General requirements for construction measurement during the utilization and operation:
a) The measurement must be done under the measurement plan made by the contractor and approved by the person in charge of construction maintenance;
b) The measurement plan must specify the measurement methods, measurement equipment, the layout and structure of the marks, the implementation organization, the figure processing methods and other necessary contents;
Vietnamese
Circular 02/2012/TT-BXD DOC (Word)
Circular 02/2012/TT-BXD ZIP (Word)
