Circular No. 18/2010/TT-BXD dated October 15, 2010 of the Ministry of Construction providing for the application of regulations and standards in construction activities

CIRCULAR

PROVIDING FOR THE APPLICATION OF REGULATIONS AND STANDARDS IN CONSTRUCTION ACTIVITIES

THE MINISTRY OF CONSTRUCTION

Pursuant to November 26, 2003 Construction Law No. 16/2003/QH11;

Pursuant to June 29, 2006 Law No. 68/2006/ QH11 on Standards and Technical Regulations;

Pursuant to the Government s Decree No. 17/ 2008/ND-CP of February 4, 2008, defining functions, tasks, powers and organizational structure of the Ministry of Construction;

Pursuant to the Government s Decree No. 209/2004/ND-CP of December 16, 2004, on the management of construction work quality;

Pursuant to the Government s Decree No. 127/2007/ND-CP of August 1, 2007, derailing a number of articles of the Law on Standards and Technical Regulations;

Pursuant to the Government s Decree No. 12/ 2009/ND-CP of February 12, 2009, on the management of investment projects on work construction,

The Ministry of Construction provides for the application of technical regulations and standards in construction activities as follows:

Chapter I

GENERAL PROVISIONS

Article 1. Scope of regulation

This Circular provides for the application of national technical regulations, national standards. in-house standards and foreign construction standards (below collectively referred to as technical regulations and standards) in construction activities in Vietnam.

Article 2. Subjects of application

Domestic and foreign organizations and individuals, when applying technical regulations and standards in construction activities in Vietnam, shall comply with this Circular.

Article 3. Principles on the application of construction regulations and standards

1. National technical regulations, including those on specialized construction surveys and trials; construction planning and urban planning; formulation and appraisal of construction investment projects; designing, construction and takeover test of construction works; and production, import, export and circulation of construction materials, shall be compulsorily applied in construction activities,

2. National standards, in-house standards and foreign construction standards may be applied in construction activities voluntarily, except those cited in technical regulations or legal documents. The application of these standards must satisfy the following conditions:

a/ Assuring synchronism and feasibility of the system of standards applicable to projects throughout the construction process, from survey, trial, designing, production and manufacture, to construction and take-over test of works;

b/ Meeting the requirements of national technical regulations in the construction and other related domains under law;

c/ In case no national technical regulation is available, in-house standards or foreign construction standards must conform with requirements stated in compulsory national standards established by ministries and sectors.

3. For state-funded construction investment projects, the application of national standards will be prioritized. In case no national standard is available, investment deciders may consider and approve foreign standards.

Article 4. Modes of standard application

1. A standard may be applied directly in construction activities. It is encouraged to apply the standard s latest version.

2. A standard may be applied indirectly through the implementation of regulations in technical documents and instructions invoking the whole or part of content of that standard.

Article 5. Conditions for application of construction standards

To be selected and applied in construction activities in Vietnam, construction standards must meet the following conditions:

1. To adhere to the principles specified in Article 3:

2. To be considered, selected and approved by investment deciders under work construction investment projects.

Chapter II

COMPETENCE TO APPROVE THE APPLICATION OF CONSTRUCTION STANDARDS

Article 6. Competence to approve the application of standards

1. Investment deciders may consider and decide on and shall take responsibility for the application of national standards, in-house standards or foreign construction standards in construction activities under their management.

Article 7. Consideration and approval of the application of construction standards

1. Investment deciders shall consider and approve the application of standards while appraising and approving construction investment projects according to their competence prescribed in Article 6 of this Circular.

2. The proposal for application of construction standards to a construction investment project which is included in the project dossier must cover:

a/ A list of codes and names of standards;

b/ For foreign standards or guidelines, their full texts in computer files or printed copies, enclosed with Vietnamese or English translations of to-be-applied parts, are required.

c/ A written explanation about standards satisfaction of the requirements stated in Clauses 2 and 3, Article 3 of this Circular. For foreign organizations technical guidelines or recommendations for new technological solutions which have not yet been established into standards, there should be a written explanation about names of technical-technological solutions, results of researches and experiments, construction works to which technical guidelines or recommendations have been applied, copyrights to technical-technological solutions; and feasibility in the econo-technical and technological conditions of Vietnam.

3. The contents of consideration and approval of standards comply with Clause 2 of this Article.

Chapter III

ORGANIZATION OF IMPLEMENTATION

Article 8. Responsibilities of management agencies

1. The Ministry of Construction and ministries managing specialized construction works shall manage and guide the application of technical regulations and standards to construction investment projects under their management.

2. Provincial-level People s Committees shall manage, inspect and examine the application of technical regulations and standards in construction activities in their localities.

Article 9. Inspection and examination of the application of technical regulations and standards

The application of technical regulations and standards in construction activities in localities shall be inspected and examined according to law. Inspection and examination cover the observance of this Circular and technical regulations and construction standards already approved for application.

When detecting violations of this Circular, local inspection and examination agencies shall make a written record of violation to suspend construction activities, request investors to take remedies, and impose administrative sanctions according to law.

Article 10. Transitional provisions

1. Construction activities must comply with national technical regulations as from the effective date of these technical regulations. For construction investment projects already approved by competent authorities before the effective date of technical regulations, previous regulations prevail.

2. In case the application of construction standards to a project is approved before the effective date of this Circular, such application will continue. For new projects or supplementary projects, the application of construction standards shall comply with this Circular.

Article 11. Implementation provisions

1. This Circular takes effect on December 15, 2010.

2. This Circular replaces the Construction Ministry s Circular No. 40/2009/TT-BXD of December 9, 2009, providing for the application of foreign construction standards in construction activities in Vietnam.-