Circular No. 13/2013/TT-BXD of August 15, 2013, providing the verification, appraisal and approval of work construction designs

MINISTRY OF CONSTRUCTION

Circular No. 13/2013/TT-BXD of August 15, 2013, providing the verification, appraisal and approval of work construction designs

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

Pursuant to the Government’s Decree No. 15/2013/ND-CP of February 6, 2013, on quality management of construction works;

At the proposal of the director of the Construction Activities Management Agency,

The Minister of Construction promulgates the Circular providing the verification, appraisal and approval of work construction designs.

Article 1. Scope of regulation and subjects of application

1.   Scope of regulation

This Circular provides the verification, appraisal and approval of technical designs of works with three-step design, construction drawing designs of works with one-step or two- step design, and other designs following the base design as prescribed in Articles 20 and 21 of the Government’s Decree No. 15/2013/ND- CP of February 6,2013, on quality management of construction works (below referred to as Decree No. 15/2013/ND-CP).

2.   Subjects of application

State management agencies in charge of construction; work construction investors; organizations and individuals engaged in the survey, design and verification of designs of construction works; and other related organizations and individuals.

Article 2. Interpretation of terms

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

1.   Construction state management agencies assigned by ministers or chairpersons of provincial-level People’s Committees to verily work construction designs (below referred to as specialized construction agencies) include:

a/ Central-level specialized construction agencies, which are agencies under the Ministry of Construction, ministries managing specialized construction works, the Ministry of Public Security and the Ministry of National Defense;

b/ Provincial-level specialized construction agencies, which are provincial-level Construction Departments, Transport Departments, Industry and Trade Departments and Agriculture and Rural Development Departments.

2.   Design verifiers include specialized construction agencies, and organizations and individuals capable of verifying designs in accordance with law.

Article 3. Forms of verification, contents of appraisal, and approval of work construction designs by investors

1.   For works not mentioned in Clause 1, Article 21 of Decree No. 15/2013/ND-CP:

a/ In case of one-step design: Investors shall appraise construction drawing designs and submit them together with work construction econo-technical reports to investment deciders for approval;

b/ In case of two-step or three-step design or other designs following the base design: Investors shall appraise and approve technical designs of works with three-step design, or construction drawing designs of works with two-step design and other designs following the base design.

During appraisal, investors may, when necessary, hire capable organizations or individuals to verify the contents serving the appraisal and approval of designs. The contents of hired verification comply with Points c, d, dd and e, Clause 3 of this Article.

2.   For the works mentioned in Clause 1, Article 21 of Decree No. 15/2013/ND-CP: Before approving designs, investors shall send dossiers to specialized construction agencies for verification of technical designs, for works with three-step design, or of construction drawing designs, for works with one-step or two-step design and other designs following the base design as prescribed in Articles 4 and 5 of this Circular.

3.   The contents of appraisal of construction designs by investors cover:

a/ Examining the compliance of the composition and format of the design dossier with the construction contract and law, including design explanations, design drawings, construction survey documents, and work maintenance process and with other dossiers as prescribed by relevant laws;

b/ Examining the capacity of survey and designing organizations and individuals in comparison to the requirements of the contract and law;

c/ Assessing the conformity of the design with the base design or approved design task (in case of one-step design), and with the requirements of the construction contract and relevant laws;

d/ Assessing the Suitability of the scale, technology, technical parameters and main econo-technical norms of the work;

dd/ Assessing the conformity with applicable technical regulations and main stamp

e/ Assessing the safety of structures of the whole work;

g/ Examining the compliance with regulations on environmental protection and fire and explosion prevention and fighting;

h/ Requesting the design contractor to explain and modify the design dossier based on verification opinions (if any).

4.   Approval of work construction designs:

a/ The approval of work construction design steps complies with Clauses 2 and 3, Article 20 of Decree No. 15/2013/ND-CP;

b/ Construction drawing design, including one-step designs approved by persons with investment-deciding competency must be signed for certification and appended with approval seals by investors or their authorized representatives according to the form provided in Appendix 4 to this Circular on each sheet of the drawings before being used for construction.

5.   Persons who organize the appraisal, verification and approval of designs shall take responsibility for the results of appraisal, verification and approval.

Article 4. Contents of verification of work construction designs by specialized construction agencies

1. For works not funded by the state budget, the verification of construction designs covers:

a/ Examining the construction activity capacity conditions of surveying and designing organizations and individuals to see whether they meet the requirements of contracts and law: Examining the capacity conditions of surveying and designing organizations; and examining capacity conditions of survey managers, design plan managers and chief designers;

b/ Assessing the conformity of designs with technical regulations and main standards applicable to works;

c/ Assessing the assurance of safety of force- bearing structures of works and the satisfaction of other safety requirements, including the conformity of foundation design solutions with geological characteristics of works, work structures and safety for adjacent works; the conformity of structure solutions with work designs, construction survey results and utilities of works.

2.  For works wholly or partially funded by the state budget; works funded with state budget-originated capital; works invested with capital construction funds; works invested in the form of build-transfer (BT), build-operate- transfer (BOT), build-transfer-operate (BTO) or public-private partnership (PPP); and works invested with other capital sources, the verification of designs cover:

a/ The contents specified at Points a, b and c, Clause 1 of this Article;

b/Assessing the conformity of designs with the base design or approved design task (in case of one-step design);

c/ Assessing the reasonableness of designs to assure efficiency in work construction: Examining the application of unit prices and norms of cost estimates; and assessing design solutions in terms of construction cost saving.

3.   In case specialized construction agencies designate consultancy organizations or individuals to verify designs under Clause 3, Article 21 of Decree No. 15/2013/ND-CP:

a/ For the works mentioned in Clause 1 of this Article:

Within 5 working days, specialized construction agencies shall notify in writing and return submitted dossiers for verification to investors for the latter to select capable verification consultancy organizations that are publicly announced on the Ministry of Construction’s website suitable to types and grades of works and sign verification consultancy contracts. Such a contract must have sufficient verification contents specified in Clause 1, Article 4 of this Circular. Investors shall report on verification results to specialized construction agencies as decentralized for management.

b/ For the works mentioned in Clause 2 of this Article:

Within 5 working days, specialized construction agencies shall select capable design verification organizations that are publicly announced on the Ministry of Construction’s website suitable to types and grades of works and assign the verification of some or all of the contents specified in Clauses 1 and 2 of this Article, and notify such in writing to investors and such consultancy organizations for signing verification consultancy contracts. Investors shall report on verification results to specialized construction agencies for summarization.

4.   Specialized construction agencies or consultancy organizations directly verifying designs shall summarize and notify design verification results according to Appendix 2          to this Circular and append stamps on the verified design drawings. The specimen stamp of design verification is provided in Appendix 3       to this Circular. The verification results must state the unsatisfactory contents which need modifications (if any) and re-verification before specialized construction agencies or verifying organizations append the verification stamps in the dossiers for archive.

Specialized construction agencies shall notify in writing the results of verification conducted by consultancy organizations according to Appendix 5 to this Circular to investors for taking subsequent steps.

Before deciding to approve designs, work construction investor's and work construction design contractors shall finalize work construction design dossiers based on verification results and opinions of specialized construction agencies.

5.   Design drawings already verified and appended with the verification stamp must be returned to investors for archive in accordance with the law on archive. Investors shall promptly hand over these drawings to specialized construction agencies for examination when the latter request. Investors shall submit the electronic files or copies of the drawings and cost estimates (already modified based on verification results) to specialized construction agencies for management.

6.   When necessary, design approvers shall propose specialized construction agencies to verify other contents in addition to those specified in Clauses 1 and 2 of this Article.

7.   Design verifiers that wish to have their names announced on the Ministry of Construction’s website shall make capacity declaration dossiers in accordance with law and make registration with provincial-level Construction Departments and the Ministry of Construction for announcement.

Article 5. Competence of specialized construction agencies to verify work construction designs

The specialized construction agencies below may directly receive dossiers for verification, organize verification of designs or receive design verification result reports made by verification consultancy organizations or individuals under Clause 3, Article 4 of this Circular:

1.   The specialized construction agency under the Ministry of Construction may verify:

a/ Works of grade I or higher grade, regardless of their capital sources, including apartment buildings, public works, cement plants and technical infrastructure works;

b/ Works of grades II and III, including apartment buildings, public world. Cement plants and technical infrastructure works under construction investment projects decided by the Minister of Construction;

c/ Hazardous solid waste treatment works, regardless of their grades, under construction investment projects decided by the Minister of Construction;

d/ Civil works, construction material industrial works and national important technical infrastructure works assigned by the Prime Minister.

2.   The specialized construction agency under the Ministry of Transport may verify:

a/ Civil works of grade I or higher grade, regardless of their capital sources, including bridges, tunnels, roads; railway works including urban railways, airports, piers, docks, landing stages, and cable car systems for passenger transportation;

b/ Works of grades II and III, including bridges, tunnels and roads, under construction investment projects decided by the Minister of Transport;

c/ Railway works including urban railways, airports, piers, docks, landing stages, and cable car systems for passenger transportation, regardless of their grades, under construction investment projects decided by the Minister of Transport;

d/ National important transport works assigned by the Prime Minister.

3.   The specialized construction agency under the Ministry of Agriculture and Rural Development may verify:

a/ Works of grade I or higher grade, regardless of their capital sources, including reservoirs, dams, spillways, water collection sluices, water discharge sluices, canals, closed water-pipelines, hydraulic tunnels, dikes, embankments, pump stations, and other irrigation works;

b/ Works, regardless of their grades, including reservoirs, dams, spillways, water collection sluices, water discharge sluices, canals, closed water-pipelines, hydraulic tunnels, dikes, embankments, pump stations and other irrigation works under construction investment projects decided by the Minister of Agriculture and Rural Development;

c/ Works under national important agriculture and rural development projects assigned by the Prime Minister.

4.   The specialized construction agency under the Ministry of Industry and Trade may verify:

a/ Works of grade I or higher grade, regardless of their capital sources, including electric transmission lines, hydropower plants, thermo-power plants, metallurgy plants, aluminum production plants, oil refinery and petrochemical plants, gas processing, petrol, oil and liquefied gas storehouses and pipelines, dangerous chemical production plants and storehouses, and industrial explosive production plants and storehouses;

b/ Works of grades II and III, including electric transmission lines, hydropower plants, thermo-power plants, metallurgy plants and aluminum production plants under construction , investment projects decided by the Minister of Industry and Trade;

c/ Works of oil refinery and petrochemical plants, gas processing, petrol, oil and liquefied gas storehouses and pipelines, dangerous chemical production plants and storehouses, and industrial explosive production plants and storehouses, regardless of their grades, under construction investment projects decided by the Minister of Industry and Trade;

d/ Works under national important industrial works assigned by the Prime Minister.

5.   The specialized construction agencies under the Ministry of National Defense and the Ministry of Public Security may verify designs of works in the national defense and security sector under Clause 4, Article 48 of Decree No. 15/2013/ND-CP.

6.   For a work construction investment project involving many works of different types and grades, specialized construction agencies in charge of verifying construction designs of such works are those competent to verify designs of main construction works of this project.

7.   Provincial-level Construction Departments and departments managing specialized construction works shall verify work construction designs in the sectors under their management in provinces and centrally run cities, specifically as follows:

a/ Provincial-level Construction Departments: Cement plants of grades II and III; and the works specified at Points a, b and e, Clause l, Article21 of Decree No. 15/2013/ ND-CP, except the works specified in Clause 1 of this Article;

b/ Provincial-level Transport Departments: Works specified at Point d, Clause 1, Article 21 of Decree No. 15/2013/ND-CP, except the works specified in Clause 2 of this Article;

c/ Provincial-level Agriculture and Rural Development Departments: Works specified at Point dd, Clause 1, Article 21 of Decree No. 15/2013/ND-CP, except the works specified in Clause 3 of this Article;

d/ Provincial-level Industry and Trade Departments: Works specified at Point c, Clause 1, Article 21 of Decree No. 15/2013/ND-CP, except cement plants and the works specified in Clause 4 of this Article.

8. Large-scale works (involving many design and construction phases) which contain new technological elements or complex technical elements, or when requested by investors, must be reported to specialized construction agencies for verifying each work item in the design process.

Article 6. Verification, appraisal and approval of designs upon repair or renovation of works and change of work construction designs

1.   Verification, appraisal and approval of designs upon change of work construction designs

For work construction designs which must be adjusted due to changes in geological characteristics, design loading capacity, structural solutions, main materials of main force-bearing structures or construction organization methods, which affect the force- bearing safety of works, verification, appraisal and approval of designs of the changed items or the whole works (if such changes affect the safety of the works) must be conducted according to this Circular and relevant laws.

2.   For the repair or renovation of works requiring elaboration of work construction investment projects or construction econo- technical reports and involving the changes specified in Clause 1 of this Article, designs must be verified, appraised and approved according to this Circular.

Article 7. Dossiers for verification of work construction designs

A dossier for design verification comprises:

1. For the works specified in Clause 2, Article 3 of this Circular:

a/ A report for verification of the work construction design, made according to Appendix 1 to this Circular;

b/ The decision approving the work construction investment project or the written approval of the policy on work construction investment (the original or a copy bearing the investor’s seal); the base design dossier approved together with the project or approved design task, in case of one-step design; and the written approval of the fire prevention and fighting plan, and environmental impact assessment report (if any);

c/ The investor’s report on the contents specified at Points a and b, Clause 1, Article 20 of Decree No. 15/2013/ND-CP; capacity conditions of the survey and construction design contractors; experiences of the design and survey managers and chief designers, signed and sealed by the investor for certification;

d/ Construction survey dossiers related to drawings and design explanations as prescribed at Point dd, Clause 1 of this Article (the originals or copies bearing the investor’s seal);

dd/ The originals of drawings and design explanations as prescribed in Clauses 3 and 4

e/ The original of the work construction cost estimate, for state budget-funded works.

2.   For the works specified in Clause 1, Article 3 of this Circular, the dossier comprises the papers specified at Points b, c, d and dd, Clause 1 of this Article and other relevant papers as requested by the verification consultancy organization.

3.   Design explanations (Originals):

a/ Bases for design making:

-    The approved work construction investment project or written approval of the policy on work construction investment, including the list of applicable technical regulations and standards; or the approved design task, in case of one-step design.

-    Documents on natural conditions and survey serving the design;

-    The dossier on assessment of the quality of work (For the repair or renovation of works).

b/ Construction design explanations:

-    Design solutions enclosed with data on calculations used for the design: Methods to reinforce or treat the foundation, design of the work’s main force-bearing structure, fire and explosion prevention and fighting safety and emergency exit, technical systems, and technical infrastructure works, etc.;

-    Construction technical instructions, for works of special grade, grade I and grade II.

4.   Drawings (original):

a/ The site plan and location and direction of the line of works in the approved detailed plan;     

b/ The general plan (showing the construction location, construction area, construction landmarks, construction height, etc.);

c/ The work design: Layout plans, elevation plans and cross-section plans of the work items and the whole work; design drawings of technological designs and construction methods related to the construction design;

d/ Reinforcement or treatment of the foundation, main force-bearing structure, technical systems, technical infrastructure works, etc.;

dd/ Detailed designs of main linkages and important linkages of the main force-bearing structure and compulsory compositions (to assure safety during use, operation and exploitation, and prevent vibration and erosion);

e/ Fire and explosion prevention and fighting and emergency exit designs approved by the fire prevention and fighting police (if any).

5.   For the works specified in Clause 2 of Article 3, investors shall send one dossier set either by post or directly to specialized construction agencies defined in Article 5 of this Circular for verification before approving work construction designs.

Article 8. Time limit, expenses and charge for verification of construction designs

1.   Time limit for verification of construction designs:

a/ Within 7 working days after receiving a dossier for design verification, the specialized construction agency shall examine the dossier and request in writing the investor to supplement or complete the dossier (if the dossier is incomplete or invalid);

b/ The time for the specialized construction agency to start verification is counted from the date this agency receives a complete and valid dossier;

c/ For works of special grade and grade I, the verification time limit must not exceed 40 working days;

d/ For other works, except those specified at Points c and dd, Clause 1 of this Article, the verification time limit must not exceed 30 working days;

dd/ For works with one-step design and separate houses, the verification time limit must not exceed 20 working days;

e/ Depending on the re-verification workload, the time limit for re-verification of the contents specified in Clause 1 of Article 6 may be decided by the specialized construction agency but must not exceed the time limit specified in this Clause.

2.   Charge for verification of construction designs:

a/ The rates of the charge for design verification conducted by specialized construction agencies comply with the Ministry of Finance’s regulations;

b/ Investors shall pay the design verification charge to specialized construction agencies before receiving the results of verification of work construction designs.

3.   Expenses for verification of const: designs:

Investors shall, based on the verification workload, pay expenses to organizations and individuals that verify the contents specified in Clause 3, Article 4 of this Circular according to the Ministry of Construction’s regulations.

4.   Verification charge and expenses are included in the total investments and cost estimates for work construction.

Verification charges and expenses must be managed and used in accordance with current law.

Article 9. Transitional handling

1.   For the works specified in Article 5 of this Circular with contracts signed and with construction designs verified before April 15, 2013, investors shall review and supplement the contents subject to verification as prescribed in this Circular for verification.

Before approving designs, investors shall send verification results to specialized construction agencies defined in Article 5 of this Circular. For state budget-funded works, within 7 working days, specialized construction agencies shall give written opinions on verification results as a basis for investors to approve designs.

2.   For the works specified in Article 5 of this Circular with designs approved between April 15, 2013, and the effective date of this Circular, investors shall send verification results and design approval decisions (by post or directly) to specialized construction agencies defined in Article 5 of this Circular for management.

Article 10. Implementation provisions

1.   Pursuant to Decree No. 15/2013/ND-CP and this Circular, the Ministry of Construction, ministries managing specialized construction works and provincial-level People’s Committees shall issue procedures for design verification by specialized construction agencies to suit practical conditions of ministries and localities. Specialized construction agencies shall post such procedures on their websites and at dossier receipt places.

2.   The ministries managing specialized construction works and provincial-level Construction Departments in the capacity as local focal points shall summarize design verification results for inclusion in annual statistical tables, including the number of verified works, the number of works with designs to be modified, and funds reduced after verification.

3.   This Circular takes effect on September 30, 2013.

4.   Any problems arising in the course of implementation should be reported to the Ministry of Construction for amendment and supplementation of this Circular as appropriate.-

Minister of Construction

TRINH DINH DUNG

*All appendices mentioned in this Circular are not translated