Circular No. 24/2018/TT-BTNMT dated November 15, 2018 of the Ministry of Natural Resources and Environment on prescribing the quality inspection, appraisal and acceptance test of survey and mapping products

THE MINISTRY OF NATURAL RESOURCES AND ENVIRONMENT

Circular No. 24/2018/TT-BTNMT dated November 15, 2018 of the Ministry of Natural Resources and Environment on prescribing the quality inspection, appraisal and acceptance test of survey and mapping products^[1]

Pursuant to the June 14, 2018 Law on Survey and Mapping;

Pursuant to the Government’s Decree No. 36/2017/ND-CP of April 4, 2017, defining the functions, tasks, powers and organizational structure of the Ministry of Natural Resources and Environment;

At the proposal of the Director of the Department of Survey, Mapping and Geographic Information of Vietnam and the Director of the Legal Department;

The Minister of Natural Resources and Environment promulgates the Circular prescribing the quality inspection, appraisal and acceptance test of survey and mapping products.

Chapter I

GENERAL PROVISIONS

Article 1.Scope of regulation

This Circular prescribes the quality inspection, appraisal and acceptance test of basic and specialized survey and mapping products, except national defense-related survey and mapping products specified in Article 24 of the Law on Survey and Mapping.

Article 2.Subjects of application

This Circular applies to the state management agencies in charge of survey and mapping; project owners, organizations and individuals that implement survey and mapping schemes, projects and technical designs-cost estimates; and organizations and individuals involved in the quality inspection, appraisal and acceptance test of survey and mapping products.

Article 3.Interpretation of terms

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

1.Quality inspection of survey and mapping productsmeans a process of supervision and determination of performed volume and quality assessment of survey and mapping products according to standards, technical regulations and norms, approved survey and mapping schemes, projects and technical designs-cost estimates, and other relevant regulations.

2.Supervisionmeans an activity of the quality inspection of survey and mapping products to monitor the progress of implementation and inspect the conformity with standards, technical regulations and norms and approved survey and mapping schemes, projects and technical designs-cost estimates.

3.Appraisalmeans assessment and determination of the volume and quality of survey and mapping products based on dossiers of quality inspection carried out at all levels; completed survey and mapping jobs and products and other accompanied relevant documents.

4.Acceptance testmeans certification of completed survey and mapping jobs and volume of quality survey and mapping products based on inspection and appraisal results.

5.State inspection of quality of survey and mapping productsmeans reconsideration and reassessment by state agencies of the quality of survey and mapping products in the process of production and provision of services, of which the quality has been assessed by conformity assessment organizations or for which other quality control measures have been applied by production and business entities.

6.Investment-deciding agencymeans an agency competent to decide to use investment capital for survey and mapping tasks.

7.Project ownermeans an agency owning capital or assigned by an investment-deciding agency to manage and use capital for investment in and performance of survey and mapping tasks.

8.Performing unitmeans a domestic organization or foreign contractor licensed by a competent state agency to carry out survey and mapping activities and tasked or having an order placed by or entering into a contract with a project owner after winning the bidding for performance of survey and mapping tasks.

Article 4.Principles of quality inspection, appraisal and acceptance test of survey and mapping products

1. The quality inspection of survey and mapping products shall be carried out constantly during the production process based on the performance progress of survey and mapping schemes, projects and technical designs-cost estimates and assigned tasks.

2. The appraisal of survey and mapping products shall be carried out independently from the quality inspection of products.

3. The acceptance test of survey and mapping products may only be carried out based on inspection and appraisal results.

4. For survey and mapping tasks under international cooperation programs, the quality inspection, appraisal and acceptance test shall be carried out under bilateral and multilateral regulations and schemes and projects approved by the parties. If no specific regulations are available, this Circular shall apply.

Article 5.Responsibilities to inspect, appraise and test for acceptance the quality of survey and mapping products

1. Responsibilities of project owners

a/ To ensure the quality and volume of finished products; and the progress of performance of assigned survey and mapping tasks;

b/ To organize the inspection, appraisal and acceptance test of survey and mapping products for tasks assigned to them;

c/ To solve technology-related problems arising in the course of performance; to solve problems related to techno-economic norms and work volume according to their competence;

d/ To promptly report to investment-deciding agencies on arising problems which fall beyond their competence;

dd/ To decide on suspension of the performance or cancellation of part or the whole of products performed at variance with approved schemes, projects or technical designs-cost estimates or not in conformity with standards, technical regulations and norms, and report such in writing to investment-deciding agencies;

e/ To make and send reports to investment-deciding agencies on the progress of performance of assigned tasks, volume and quality of products completed in the year and upon the completion of schemes, projects or technical designs-cost estimates.

2. Responsibilities of performing units

a/ To carry out the performance according to approved schemes, projects or technical designs-cost estimates, in conformity with standards, technical regulations and norms, and in compliance with regulating documents (if any) of competent authorities;

b/ To carry out comprehensive inspection and take responsibility for the progress of performance, and volume and quality of products they perform. If their products are of inferior quality, to correct or supplement them and bear all expenses therefor;

c/ To submit to inspection by project owners of the performance progress, volume and quality of survey and mapping products;

d/ To make and send monthly reports on performance volume and progress to project owners;

dd/ Upon any change in technological solutions, work volume or performance progress compared to approved schemes, projects or technical designs-cost estimates, to promptly report it to project owners and effect it only after obtaining the written approval of project owners or investment-deciding agencies.

Article 6.Making of plans on quality inspection, appraisal and acceptance test of survey and mapping products

1. After being assigned tasks, having orders placed or entering into contracts after winning the bidding, a performing unit shall make a performance plan, clearly stating the schedule of performance and product quality inspection, then send it to the project owner for making of a plan on inspection, appraisal and acceptance test.

2. Based on the performance plan of the performing unit, the project owner shall make a plan on inspection, appraisal and acceptance test of product volume and quality in conformity with the progress of the approved scheme, project or technical design-cost estimate, assigned task or signed contract, then send it to the performing unit and related units for organization of performance.

Article 7.Expenses for quality inspection, appraisal and acceptance test of survey and mapping products

1. Expenses for the quality inspection of survey and mapping products carried out by performing units shall be included in approved unit prices and cost estimates in accordance with relevant regulations.

2. Expenses for the inspection, appraisal and acceptance test of volume and quality of survey and mapping products carried out project owners shall be included in general cost estimates approved by competent authorities.

Chapter II

QUALITY INSPECTION OF SURVEY AND MAPPING PRODUCTS

Article 8.Requirements on quality inspection of survey and mapping products

1. The quality inspection of survey and mapping products shall be carried out in general and detailed manner by inspection divisions of performing units and project owners.

2. The quality inspection of survey and mapping products shall be carried out on the basis of plans on inspection, appraisal and acceptance test of volume and quality of products prescribed in Clause 2, Article 6 of this Circular. The inspection must conform to the production process and only quality products from a stage may be used for the subsequent stage.

3. The supervision in the course of implementation of survey and mapping schemes, projects and technical designs-cost estimates shall be carried out from the commencement of implementation until the acceptance test and delivery of products for exploitation or use to ensure their quality and efficiency.

4. Contents and method of quality inspection of survey and mapping products must comply with Article 10 of this Circular.

Article 9.Supervision

1. The supervision covers:

a/ Supervision of human resources and equipment used by performing units in the course of implementation;

b/ Inspection of measuring devices used in the performance. Measuring devices shall be inspected and calibrated in an adequate and timely manner under regulations to ensure their precision as required;

c/ Supervision of conformity with standards, technical regulations and norms in the course of performance under approved schemes, projects and technical designs-cost estimates;

d/ Supervision of performance progress under plans;

dd/ Supervision of volume increase or reduction (if any) in the course of performance;

e/ Supervision of the product quality inspection carried out by performing units.

2. In the course of supervision, persons directly carrying out the supervision shall make performance supervision diaries according to Form No. 1 in Appendix 3 to this Circular. Upon the completion of the supervision, supervision units shall make written records of performance supervision according to Form No. 2 in Appendix 3 to this Circular.

3. During the performance, if any change is made in such policies as salary, techno-economic norms and product unit prices, supervision units shall specifically determine the volume of jobs performed before and after such policy change takes effect.

Article 10.Contents and method of quality inspection of products

1. Contents and level of inspection of basic survey and mapping products are prescribed in Appendix 1a to this Circular. Specialized survey and mapping products for which no specific regulations on contents and level of inspection are available must comply with  Appendix 1b to this Circular. Any increase or reduction of contents or level of inspection to conform to quality criteria shall be stated in schemes, projects and technical designs-cost estimates approved by competent authorities.

2. Method of quality inspection of products

a/ The quality inspection of products may be carried out in office operation or field operation or both depending on specific product items. In some cases, it is necessary to perform jobs of the production process again in order to compare and assess the quality of products against standards, technical regulations and norms as well as contents of approved schemes, projects and technical designs-cost estimates;

b/ During the quality inspection of products, equipment, technology and other sources of documents and data, such as remote sensing images and latest specialized maps, may be used to assess the quality of products. In case of a contradiction, field inspection shall be carried out;

c/ Depending on technological process, product type and software used in the performance, the inspection may be carried out by automatic, semi-automatic or manual method in order to ensure the objective, adequate and accurate quality assessment;

d/ For probability-based inspection jobs, the inspection sampling shall be evenly carried out in the entire scope of performance;

dd/ For products for which ultimate product quality inspection may be carried out by the combined method, inspection units of project owners shall make and submit quality inspection plans to project owners for approval.

3. Recording of inspection results

a/ Upon the completion of the inspection, inspection results shall be recorded in sheets of inspection opinions. A sheet of inspection opinions shall be made separately for each product item according to Form No. 4 in Appendix 3 to this Circular and must show specific grounds for the assessment of and conclusion on product quality. For criteria for quality assessment through measurements, specific measuring data and results are required;

b/ Based on sheets of inspection opinions, to sum up such opinions for assessing the quality of each item and make a written record of quality inspection for each item according to Form No. 5 in Appendix 3 to this Circular.

Article 11.Quality inspection of products by inspection divisions of performing units

1. A performing unit shall use a professional and technical organization or assign a person in charge of technical issues to carry out the quality inspection of all jobs and product items which it has performed.

2. Before carrying out the quality inspection, an inspection plan shall be notified to the project owner and organization assigned by the project owner to carry out inspection to supervise the inspection carried out by inspection divisions of performing units under regulations.

3. Upon the completion of the product quality inspection of each job, a performing unit shall send the product having satisfied the quality requirements, sheet of inspection opinions, written record of quality inspection, and written request for product quality inspection, made according to Form No. 16 in Appendix 3 to this Circular, to the inspection unit of the project owner.

4. Upon the completion of a task or at the end of a fiscal year, a performing unit shall make 2 (two) sets of quality inspection dossier, and send 1 (one) set to the project owner for inspection, appraisal and acceptance test, and keep 1 (one) set. Such a dossier must comprise:

a/ A technical review report, made according to Form No. 06 in Appendix 3 to this Circular;

b/ A report on product quality inspection by the performing unit, made according to Form No. 07 in Appendix 3 to this Circular;

c/ A record of quality inspection of each job or product;

d/ A sheet of inspection opinions;

dd/ A report on changes in technical solutions, work volume, performance progress and other issues (if any) compared to the approved scheme, project or technical design-cost estimate and written approval of the competent authority during the performance.

Article 12.Quality inspection of products by inspection units of project owners

1. After receiving a written request for quality inspection and quality inspection dossier from the performing unit as prescribed in Clauses 3 and 4, Article 11 of this Circular and accompanying product, a project owner shall use its professional and technical organization or hire an organization with inspection capability to carry out the quality inspection of products.

2. Inspection steps include:

a/ Inspection of adequacy, legality, uniformity and validity of the dossier of quality inspection carried out by the inspection division of the performing unit;

b/ Analysis and assessment of the technical review report, product quality inspection report, written records of quality inspection, sheets of inspection opinions and data of inspection measurement carried out by the inspection division of the performing unit;

c/ Assessment of product specifications against the standards, technical regulations and norms and other relevant provisions in the approved scheme, project or technical design-cost estimate. In case the product quality is inferior, the performing unit shall correct the product according to the inspection opinions and send a report accompanied by the corrected product to the inspection unit. The inspection unit shall re-inspect the product and make a written certification of product correction according to Form No. 11 in Appendix 3 to this Circular;

d/ Determination of the volume of jobs and products satisfying the quality requirements and those not satisfying the quality requirements (if any);

dd/ Assessment and proposal on re-determination of difficulty of performed jobs and products to conform to the current regulations and practical production;

e/ Upon the completion of a task or at the end of a fiscal year, the inspection unit shall make a product quality inspection report according to Form No. 9 in Appendix 3 to this Circular. In case the project owner assigns 2 (two) units to carry out the product quality supervision and inspection, product quality inspection reports shall be made according to Forms No. 3 and No. 8 in Appendix 3 to this Circular.

3. Upon the completion of a task or at the end of a fiscal year, an inspection unit shall make 2 (two) sets of quality inspection dossier, then send 1 (one) set to the project owner for the appraisal under Article 15 of this Circular, and keep 1 (one) set. Such a dossier must comprise:

a/ A decision approving the scheme, project or technical design-cost estimate; documents of the competent agency on assignment of plans and tasks;

b/ An economic contract or a document on task assignment or order placement;

c/ A technical review report of the performing unit;

d/ A report on product quality inspection carried out by the inspection unit of the project owner;

dd/ Reports on arising volume and solved problems compared to the scheme, project or technical design-cost estimate of the performing unit, and documents of the project owner on solution of such volume and problems (if any);

e/ A report on product correction of the performing unit, made according to Form No. 10 in Appendix 3 to this Circular and a written certification of product correction of the inspection unit of the project owner;

g/ A written record of performance supervision and a written record of quality inspection of jobs enclosed with a sheet of inspection opinions.

Article 13.Rights and responsibilities of  inspection entities of projects owners

1. Rights of inspection entities

a/ To refuse to carry out the inspection in case the performing unit has not yet fully delivered products or dossiers of quality inspection carried out by the inspection division of  the performing unit or products still have systematic errors;

b/ To refuse to certify products of inferior quality or products involving negative inspection opinions but not yet fully and thoroughly corrected;

c/ To propose project owners to speed up the performance progress for jobs prolonged due to objective reasons or schemes, projects or technical designs-cost estimates that remain uncompleted upon the expiration of the performance time limit;

d/ To propose project owners to approve the change of difficulty compared to approved schemes, projects or technical designs-cost estimates;

dd/ Persons directly carrying out the inspection may reserve their inspection opinions in case they are not accepted and processed by heads of inspection teams or task-assigning organizations. Heads of inspection teams may reserve their decisions in case they are not accepted and processed by organizations carrying out the inspection or project owners.

2. Responsibilities of inspection entities

a/ To fully and strictly carry out inspection contents as prescribed;

b/ To assume the prime responsibility for, and coordinate with related parties in, solving problems and volumes arising during the performance according to their competence; to report to project owners for solution problems and arising volumes which fall beyond their competence;

c/ To fully report to project owners on technical issues outside approved schemes, projects or technical designs-cost estimates, and volume increase or reduction (if any) during the performance;

d/ To propose project owners to handle violations of, or terminate contracts with, performing units in case the latter violate Point dd, Clause 1, Article 5 of this Circular;

dd/ To propose to project owners forms of handling of performing units that breach the performance schedule due to their own faults;

e/ To make quality inspection dossiers and acceptance test dossiers as requested by project owners ;

g/ To sum up and report opinions of individuals participating in the inspection to heads of inspection teams. Heads of inspection teams shall consider and notify such opinions to performing units for product correction. In case no agreement can be reached by inspection teams and performing units, heads of inspection teams shall report such to leaders of inspection units or project owners (for cases falling beyond their competence);

h/ To pay compensations for damage caused by their intentional falsification of inspection results to project owners or performing units in accordance with law.

Article 14.State inspection of quality of survey and mapping products

1. All survey and mapping products, regardless of whether they are domestically produced or imported, are subject to state inspection of their quality, including also those having their quality assessed by conformity assessment organizations or subject to other quality control measures prescribed by the law on product and goods quality.

2. The state inspection of survey and mapping products shall be carried out under annual plans or on an extraordinary basis at the request of specialized management agencies or upon receipt of complaints, denunciations or warnings about product quality.

3. Contents of and responsibility for the state inspection of survey and mapping products must comply with the law on product and goods quality and law on survey and mapping.

Chapter III

APPRAISAL AND ACCEPTANCE TEST OF VOLUME AND QUALITY OF SURVEY AND MAPPING PRODUCTS

Article 15.Appraisal of volume and quality of survey and mapping products

1. A project owner shall assign its attached professional organization or set up a council to appraise the volume and quality of survey and mapping products.

2. In case of setting up an appraisal council, a project owner shall issue a decision  to set up this council which must be composed of its chairperson, secretary and a number of members from related units and survey and mapping experts (if needed).

3. Operation principles of an appraisal council

a/ It shall work on the principles of democratic centralism and majority voting. Each of its meetings must be attended by at least 2/3 (two-thirds) of its members under the decision setting up the council;

b/ Its chairperson shall report appraisal results and propose to the project owner contents related to its assigned tasks; and take responsibility before law and the project owner for the correctness and objectiveness of appraisal results.

4. Appraisal grounds

a/ Dossier of quality inspection carried out by the inspection division of the performing unit;

b/ Dossier of quality inspection carried out by the inspection unit of the project owner;

c/ Completely performed jobs and products and related accompanying documents.

5. Appraisal contents

a/ Appraisal of the observance of provisions in the approved scheme, project or technical design-cost estimate and other related technical documents;

b/ Appraisal of the observance of provisions on performance supervision and quality inspection of survey and mapping products;

c/ Appraisal of the settlement of problems arising during the performance at the request of inspection unit, project owner or investment-deciding agency;

d/ Appraisal of the determination of the product volume up to quality requirements and difficulty of completed jobs and products. When necessary, requests for re-inspection of quality, volume and difficulty may be made based on some product samples.

6. Based on appraisal results, a unit assigned by the project owner to carry out the appraisal or the project owner (in case of setting up an appraisal council) shall direct related units to correct or supplement products if their quality or volume is not up to requirements, the difficulty is improperly determined or dossier documents are invalid.

7. Upon the completion of the appraisal, a unit assigned by the project owner to carry out the appraisal or the project owner (in case of setting up an appraisal council) shall make a product volume and quality appraisal report according to Form No. 12 in Appendix 3 to this Circular.

Article 16.Acceptance test of volume and quality of survey and mapping products

1. Based on inspection and appraisal results, a project owner shall carry out acceptance test of the volume and quality of finished survey and mapping products.

2. Acceptance test grounds include:

a/ A decision approving the scheme, project or technical design-cost estimate;

b/ A decision assigning a task or placing an order or on entry into an economic contract;

c/ A product volume and quality appraisal report;

d/ A dossier of quality inspection carried out by the inspection unit of the project owner;

dd/ Finished products and related accompanying documents.

3. Acceptance test contents

a/ Acceptance test of completed volume, jobs and products up to quality requirements compared to the approved scheme, project or technical design-cost estimate;

b/ Acceptance test of increased or reduced volume of jobs and products (if any) compared to the approved scheme, project or technical design-cost estimate;

c/ Certification of difficulty of completed jobs and products;

d/ Upon the completion of the acceptance test, a written record of acceptance test of product volume and quality shall be made according to Form No. 13 in Appendix 3 to this Circular and an acceptance test dossier shall be made under Article 18 of this Circular.

Article 17.Delivery of products

1. After a written record of acceptance test of product volume and quality is made, a performing unit shall deliver products at the storage place designated by the investment-deciding agency or project owner.

2. A list of delivered products must include all products of jobs that have gone through the acceptance test for certification of volume and quality. Products to be delivered are specified in Appendix 2 to this Circular. A product not yet specified in the Appendix shall be delivered according to the list of products specified in the scheme, project or technical design-cost estimate.

Article 18.Making of acceptance test dossiers

1. Upon the completion of the acceptance test and delivery of products, a project owner shall coordinate with related units in making an acceptance test dossier. Such a dossier must comprise:

a/ A decision approving the scheme, project or technical design-cost estimate; documents of the competent agency assigning plans and tasks;

b/ An economic contract or a document on task assignment or order placement;

c/ A technical review report of the performing unit;

d/ A report on product quality inspection carried out by the inspection unit of the project owner;

dd/ Reports on arising volume and solved problems compared to the scheme, project or technical design-cost estimate, made by the performing unit, and documents (if any) of the project owner on settlement of such volume and problems;

e/ A report of the performing unit on correction of errors and a written certification of product correction by the inspection unit of the project owner;

g/ A product volume and quality appraisal report;

h/ A written record of acceptance test of product volume and quality;

i/ A written record of product delivery, made according to Form No. 15 in Appendix 3 to this Circular, or a store input slip for finished products under Article 17 of this Circular;

k/ A summary of performed job and product volumes by year, made according to Form No. 14 in Appendix 3 to this Circular, for a scheme, project or technical design-cost estimate performed in many years.

2. An acceptance test dossier shall be made in 5 (five) sets, of which 1 (one) shall be sent to the investment-deciding agency, 3 (three) shall be kept by the project owner, and 1 (one) shall be kept by the performing unit. An acceptance test dossier shall be kept for 20 years from the date of completion of all jobs.

Chapter IV

IMPLEMENTATION PROVISIONS

Article 19.Effect

1. This Circular takes effect on January 1, 2019, and replaces the Minister of Natural Resources and Environment’s Circular No. 63/2015/TT-BTNMT of December 21, 2015, prescribing the quality inspection, appraisal and acceptance test of survey and mapping works and products.

2. To annul Clause 7, Appendix 1 to the Minister of Natural Resources and Environment’s Circular No. 46/2017/TT-BTNMT of October 23, 2017, prescribing the development of the administrative boundary database.

Article 20.Transitional provisions

For survey and mapping jobs and products that are completed or finished and have their quality inspected, appraised and tested for acceptance before the effective date of this Circular, acceptance test dossiers shall be made under the Minister of Natural Resources and Environment’s Circular No. 63/2015/TT-BTNMT of December 21, 2015, prescribing the quality inspection, appraisal and acceptance test of survey and mapping works and products.

Article 21.Organization of implementation

1. Ministries, ministerial-level agencies, government-attached agencies and provincial-level People’s Committees shall organize the implementation of this Circular.

2. Any problems arising in the course of implementation of this Circular should be promptly reported to the Ministry of Natural Resources and Environment for study, amendment and supplementaation.-

Minister of Natural Resources and Environment
TRAN HONG HA

* The appendices to this Circular are not translated.