Circular No. 35/2009/TT-BXD dated October 05, 2009 of the Ministry of Construction guiding construction-related judicial assessment

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Issuing body:	Ministry of Construction	Effective date:	Known Please log in to a subscriber account to use this function. Don’t have an account? Register here
Official number:	35/2009/TT-BXD	Signer:	Nguyen Hong Quan
Type:	Circular	Expiry date:	Known Please log in to a subscriber account to use this function. Don’t have an account? Register here
Issuing date:	05/10/2009	Effect status:	Known Please log in to a subscriber account to use this function. Don’t have an account? Register here
Fields:	Construction, Justice

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THE MINISTRY OF CONSTRUCTION

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No. 35/2009/TT-BXD

SOCIALIST REPUBLIC OF VIETNAM

Independence- Freedom- Happiness

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Hanoi, October 05, 2009

CIRCULAR

Guiding construction-related judicial assessment

Pursuant to the November 26, 2003 Construction Law;

Pursuant to September 29, 2004 Ordinance No. 24/2004/PL-UBTVQH11 on Judicial Assessment of the National Assembly Standing Committee (below referred to as Judicial Assessment Ordinance);

Pursuant to the Government’s Decree No. 171/2008/ND-CP dated February 4, 2008, defining the functions, tasks, powers and organizational structure of the Ministry of Construction;

Pursuant to the Government’s Decree No. 67/2005/ND-CP dated May 19, 2005, detailing a number of articles of the Judicial Assessment Ordinance;

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

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

The Ministry of Construction guides construction-related judicial assessment as follows:

Chapter I

GENERAL PROVISIONS

Article 1.

Scope of regulation and subjects of application

1. Scope of regulation

This Circular defines specialized construction-related judicial assessment organizations; guides the order of and procedures for construction-related judicial assessment; and specifies expenses for construction-related judicial assessment conducted by specialized construction-related judicial assessment organizations.

In case procedure-conducting agencies or persons request judicial assessors to conduct construction-related judicial assessment in specific cases, the Judicial Assessment Ordinance applies.

2. Subjects of application

This Circular applies to organizations and individuals involved in construction-related judicial assessment in the Vietnamese territory.

Article 2.

Interpretation of terms

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

1. Construction-related judicial assessment means the use of knowledge, equipment and scientific, technical and professional methods to evaluate and make conclusions on professional issues related to construction activities, construction works or work items and construction products at the request of procedure-conducting agencies or persons (below collectively referred to as assessment requesters) for the settlement of civil judgments and cases.

2. Construction activities include the formulation of construction plannings or work construction investment projects, construction survey, work construction designing, work construction, work construction supervision, management of work construction investment projects, selection of construction contractors, and other activities related to work construction.

3. Construction work means a product turned out from human labor, construction materials and equipment installed in the work, which is attached to land and built according to design, and may be composed of underground, ground surface, underwater and water surface parts.

4. Construction products include construction supplies, materials and structures and equipment used for and installed in a construction work.

5. Specialized construction-related judicial assessment organization (below referred to as specialized organization) means an organization conducting construction-related judicial assessment which satisfies the requirements specified in Article 4 of this Circular.

Article 3.

Domains of construction-related judicial assessment

Domains of construction-related judicial assessment include:

1. Judicial assessment of construction activities.

2. Judicial assessment of construction works or parts thereof.

3. Judicial assessment of construction products.

Depending on the objects and contents requested for assessment, assessment requesters shall select relevant specialized organizations under regulations.

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Circular No. 35/2009/TT-BXD dated October 05, 2009 of the Ministry of Construction guiding construction-related judicial assessment

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