VietnameseCircular No. 39/2009/TT-BXD dated December 09, 2009 of the Ministry of Construction guiding the management of construction quality of separate houses
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Circular No. 39/2009/TT-BXD dated December 09, 2009 of the Ministry of Construction guiding the management of construction quality of separate houses
| 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: | 39/2009/TT-BXD | Signer: | Cao Lai Quang |
| 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: | 09/12/2009 | Effect status: | Known Please log in to a subscriber account to use this function. Don’t have an account? Register here |
| Fields: | Construction , Land - Housing |
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THE MINISTRY OF CONSTRUCTION ------- | SOCIALIST REPUBLIC OF VIET NAM Independence - Freedom - Happiness ---------- |
No. 39/2009/TT-BXD | Hanoi, December 09, 2009 |
CIRCULAR
GUIDING THE MANAGEMENT OF CONSTRUCTION QUALITY OF SEPARATE HOUSES
THE MINISTRY OF CONSTRUCTION
Pursuant to November 26, 2003 Construction Law No. 16/2003/QH11;
Pursuant to November 29, 2005 Housing Law No. 56/2005/QH11;
Pursuant to June 19, 2009 Law No. 38/2009/QH12 Amending and Supplementing a Number of Articles Concerning Capital Construction Investment;
Pursuant to the Government's Decree No. 17/2008/ND-CP of February 4, 2008, defining the 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 management of construction work quality; and the Government's Decree No. 49/2008/ND-CP of April 18, 2008, amending and supplementing a number of articles of the Government's Decree No. 209/2004/ND-CP of December 16, 2004, on management of construction work quality;
Pursuant to the Government's Decree No. 12/2009/ND-CP of February 12, 2009, on management of work construction investment projects (below referred to as Decree No. 12/2009/ND-CP) and the Government's Decree No. 83/2009/ND-CP of October 15, 2009, amending a number of articles of the Government's Decree No. 12/2009/ND-CP of February 12, 2009, on management of work construction investment projects;
The Ministry of Construction guides the management of construction quality of separate houses as follows:
Pursuant to November 29, 2005 Housing Law No. 56/2005/QH11;
Pursuant to June 19, 2009 Law No. 38/2009/QH12 Amending and Supplementing a Number of Articles Concerning Capital Construction Investment;
Pursuant to the Government's Decree No. 17/2008/ND-CP of February 4, 2008, defining the 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 management of construction work quality; and the Government's Decree No. 49/2008/ND-CP of April 18, 2008, amending and supplementing a number of articles of the Government's Decree No. 209/2004/ND-CP of December 16, 2004, on management of construction work quality;
Pursuant to the Government's Decree No. 12/2009/ND-CP of February 12, 2009, on management of work construction investment projects (below referred to as Decree No. 12/2009/ND-CP) and the Government's Decree No. 83/2009/ND-CP of October 15, 2009, amending a number of articles of the Government's Decree No. 12/2009/ND-CP of February 12, 2009, on management of work construction investment projects;
The Ministry of Construction guides the management of construction quality of separate houses as follows:
Chapter I
GENERAL PROVISIONS
Article 1. Scope of regulation
This Circular guides the management of construction quality of separate houses in the Vietnamese territory.
Construction of separate houses on land lots under housing projects must also comply with this Circular.
Article 2. Subjects of application
This Circular applies to households and individuals (below referred to as house owners) that build separate houses, investors of investment projects to build separate houses on land lots under their projects (below referred to as investors) and organizations and individuals engaged in the construction of separate houses governed by Article 1 of this Circular.
Article 3. Interpretation of terms
In this Circular, the terms below are construed as follows:
1. Separate house (below referred to as house) means a work built within the premises of residential land lawfully owned by a household or individual, or built on a land lot under a housing project.
2. Adjacent work means a work next to a house to be built, which shares or does not share a structural unit (foundation, pillar, wall, floor or roof) with the house.
3. Neighboring work means a work located near the construction site of a house, which may subside, change its shape, or suffer other damage as a result of construction of the house.
Article 4. General principles for house construction
Construction of a house must adhere to the following principles:
1. There must be a design drawing.
2. The house design must be based on examination of land boundaries and the quality of the ground planned for construction or on the construction survey report, if any, and results of examination of the conditions of adjacent and neighboring works; comply with construction technical regulations, technical standards and other relevant laws; and assure safety for the house without adversely affecting adjacent and neighboring works.
3. There must be a construction permit under law prior to construction, except for houses built in deep-lying and remote areas outside urban areas, densely populated areas and rural residential areas without approved construction planning. The order, procedures and dossiers of application for house construction permits must be posted up at construction permit-granting agencies.
A house owner who has obtained a construction permit but wishes to change the house construction design concerning the construction site, height of the ground for work construction; red marking lines, construction marking lines; construction area; total floor area; height of the work; number of stories and other details specified in the granted construction permit shall apply for permit modification before building the house with such changes. Other changes do not require application for permit modification.
4. House construction must guarantee work quality, labor safety and environmental sanitation; comply with provisions of the construction permit; and not adversely affect adjacent and neighboring works.
The house owner is encouraged to apply regulations on house construction supervision.
5. Organizations and individuals conducting construction survey, designing and building a house must have relevant capabilities under this Circular and shall take responsibility before law and the house owner for the quality of performed jobs. A capable house owner may perform the above jobs.
6. The house owner may assign each job to each contractor or all jobs to a general contractor or a turnkey contractor. Agreement between the house owner and contractors shall be made in written construction contracts, especially for construction surveyors, work construction designers and builders.
7. Depending on each job, a construction contract may contain all or some of the following basic details:
a/ Information on contracting parties and other information: Transaction names of contracting parties; their representatives: addresses of business registration or transaction; tax identification numbers; business registration certificates; account numbers; and telephone and fax numbers and e-mail addresses: time of contract signing; and other relevant information.
b/ Work details and volume.
c/ Quality and other technical requirements for the job.
d/ Implementation schedule and deadline of the job.
e/ Construction contract price, contract advance and payment, and adjustment of the contract price.
f/ Rights, obligations and responsibilities of the house owner and contractor for management of construction work quality, pre-acceptance test of completed jobs; work warranty; environmental protection, labor safety and fire and explosion prevention and fight; electricity, water and security for the work; and handling of faults.
g/ Contract suspension and termination by the house owner or contractor.
h/ Contract bonus and breach fine.
i/ Settlement upon occurrence of risks or in force majeure circumstances; settlement of construction contract disputes.
j/ Other agreements.
k/ Contract settlement and liquidation.
The house owner shall refer to model contracts on construction survey, work construction designing, work construction, and work construction supervision posted on the website of the Ministry of Construction (www.xaydung.gov.vn) or at construction permit-granting agencies.
8. Disputes between the house owner and contractors involved in house construction over quality, construction progress and price shall be settled based on the construction contract and in the order prescribed by this Circular. Any disputes between the house owner or contractors and managers or owners of adjacent and neighboring works shall be settled in the order prescribed by this Circular and other relevant laws.
9. A house dossier shall be made and preserved under Article 14 of this Circular.
Article 5. Responsibilities of house owners, investors and construction surveyors, construction designers, builders and construction supervisors
1. House owners or investors have the rights and obligations specified in Articles 50. 57. 75, 76 and 88 of the Construction Law, and in this Circular.
2. Construction surveyors, construction designers and supervisors have the rights and obligations specified in Articles 51, 58, 76, 77 and 89 of the Construction Law, and in this Circular.
Construction surveyors, construction designers and supervisors shall take responsibility before law and house owners or investors for their commitments under contracts, including the quantity, quality and time of implementation and preciseness of products, quality and safety of consultancy services; and pay damage for faults caused by their consultancy.
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