Circular 06/2021/TT-BXD grading of construction works and application of construction work grades in management of construction investment activities

CIRCULAR

Providing the grading of construction works and guiding
the application of construction work grades in management of construction investment activities ^[1]

Pursuant to June 18, 2014 Construction Law; and the June 17, 2020 Law Amending and Supplementing a Number of Articles of the Construction Law;

Pursuant to the June 13, 2019 Law on Architecture;

Pursuant to the Government’s Decree No. 06/2021/ND-CP of January 26, 2021, detailing a number of provisions on quality management, construction and maintenance of construction works;

Pursuant to the Government’s Decree No. 15/2021/ND-CP of March 3, 2021, detailing a number of provisions on management of construction investment projects;

Pursuant to the Government’s Decree No. 81/2017/ND-CP of July 17, 2017, defining functions, tasks, powers and organizational structure of the Ministry of Construction;

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

The Minister of Construction promulgates the Circular providing the grading of construction works and guiding the application of construction work grades in management of construction investment activities.

Article 1. Scope of regulation and subjects of application

1. Scope of regulation

This Circular provides in detail the grading of construction works and guides the application of construction work grades in management of work construction investment activities under Clause 4, Article 5 of the 2014 Construction Law, which was amended and supplemented under Clause 3, Article 1 of the 2020 Law Amending and Supplementing a Number of Articles of the Construction Law and Clause 2, Article 3 of Decree No. 06/2021/ND-CP.

2. Subjects of application

This Circular applies to investment deciders, project owners, owners, managers and users of construction works, domestic contractors, foreign contractors, state management agencies in charge of construction and other organizations and individuals involved in construction investment activities in the Vietnamese territory.

Article 2. Principles for determination of construction work grades

1. Construction work grades specified in this Circular shall be determined according to the following criteria:

a/ Importance and capacity: To be applied to independent works or complexes of works or technological lines, each of which consists of many items of a work construction investment project classified by work type as specified in Appendix I to this Circular;

b/ Structure size: To be applied to independent works of work construction investment projects classified by structure type as specified in Appendix 2 to this Circular.

2. The work grade of an independent work is the highest grade determined according to Appendices I and II to this Circular. In case an independent work is not specified in Appendix I to this Circular, its grade shall be determined according to the provisions of Appendix II to this Circular and vice versa.

3. The grade of a complex of works or a technological line consisting of many items shall be determined as follows:

a/ In case such complex or technological line is specified in Appendix I to this Circular, its grade shall be determined according to Appendix I to this Circular;

b/ In case such complex or technological line is not specified in Appendix I of this Circular, its grade shall be determined based on the grade of the main work (belonging to such complex or technological line) of the highest grade. The grade of the main work shall be determined under Clause 2 of this Article.

4. The grade of existing works to be repaired, renovated or upgraded shall be determined as follows:

a/ In case the repair, renovation or upgrading changes the criteria for determination of work grades specified in Clause 1 of this Article, the grade of repaired, renovated or upgraded works shall be determined under this Article;

b/ In cases other than the case specified at Point a of this Clause, the grade of works before and after they are repaired, renovated or upgraded remains unchanged.

Article 3. Application of construction work grades in management of construction activities

1. The construction work grades specified in this Circular shall be applied as a basis for management of the following construction investment activities:

a/ Determining competence for appraisal of feasibility study reports; appraisal or giving of opinions on technologies for construction investment projects using technologies restricted from transfer or construction investment projects using technologies specified in the Law on Technology Transfer which are likely to adversely impact the environment; appraisal of designs to be implemented after basic designs; and inspection of pre-acceptance tests in the course of construction and upon completion of the work construction;

b/ Ranking construction operation capacity of organizations and individuals for grant of construction operation capacity certificates and practice certificates;

c/ Identifying works exempt from construction permits;

d/ Identifying works for which contests of architectural designs are required under specified in Clause 2, Article 17 of the Law on Architecture;

dd/ Identifying works requiring specific technical instructions;

e/ Identifying works likely to greatly affect community safety and interests;

g/ Identifying works subject to compulsory professional liability insurance;

h/ Identifying works subject to regular work safety assessment in the course of operation;

i/ Classifying construction work incidents and defining competence to address construction work incidents;

k/ Managing construction investment expenses;

l/ Determining and work warranty duration and money amounts;

m/ Identifying works subject to formulation of a maintenance process;

n/ Other contents specified by the law on work construction investment management.

2. Construction work grades shall be applied to management of the construction investment activities specified at Point a, Clause 1 of this Article as follows:

a/ To apply the construction work grades determined according to Clause 2, Article 2 of this Circular to construction investment projects, each of which has only one independent main work;

b/ To apply the grade of the main construction work of the highest grade which is determined according to Clause 2, Article 2 of this Circular to construction investment projects, each of which has many independent main construction works or is built along a line (including works arranged consecutively along a line);

c/ To apply construction work grades determined according to Clause 3, Article 2 of this Circular to construction investment projects, each of which has a complex of main construction works or a main technological line;

d/ To apply the grade of the complex of main construction works or a main technological line of the highest grade which is determined according to Clause 3, Article 2 of this Circular to construction investment projects, each of which has several complexes of main construction works or main technological lines or of both main construction works and technological lines.

3. The principles for application of construction work grades to management of the construction investment activities specified at Points b thru n, Clause 1 of this Article are as follows:

a/ In case the scope of construction covers an independent construction work, its construction work grade shall be determined according to Clause 2, Article 2 of this Circular;

b/ In case the scope of construction covers a number of works under a work construction investment project, the work grade shall be determined according to Clause 2, Article 2 of this Circular for each work concerned;

c/ In case the scope of construction covers the whole complex of works or the whole technological line consisting of many items, the work grade shall be determined according to Clause 3, Article 2 of this Circular. For construction investment projects along lines, Point d of this Clause must be complied with;

d/ In case the scope of construction covers a work, a number of works or all works of a construction investment project along a line, the work grade shall be determined according to Clause 2, Article 2 of this Circular for every work on the line.

Article 4. Transitional provisions

1. Grades of works of construction investment projects in which investment is decided before the effective date of this Circular shall be determined in accordance with regulations effective at the time of approval of such projects.

2. In case a work has its construction design modified after the effective date of this Circular:

a/ If the modification does not change the criteria for determining work grades specified in Clause 1, Article 2 of this Circular, construction work grades shall be determined according to regulations effective at the time of approval of such projects.

b/ If the modification leads to a change in the criteria for determining work grades specified in Clause 1, Article 2 of this Circular, work grades shall be determined according to this Circular.

Article 5. Effect

1. This Circular takes effect on August 15, 2021, and replaces the Ministry of Construction’s Circular No. 03/2016/TT-BXD of March 10, 2016, providing the grading of construction works and guiding the application of construction work grades in management of construction investment activities, and Circular No. 07/2019/TT-BXD of November 7, 2019, amending, supplementing and replacing a number of provisions of Circular No. 03/2016/TT-BXD.

2. Any problems arising in the course of implementation should be reported to the Ministry of Construction for consideration and settlement. -

For the Minister of Construction
Deputy Minister
LE QUANG HUNG

* The Appendices to this Circular are not translated.