Circular 07/2019/TT-BXD amend Circular 03/2016/TT-BXD grading of construction works

CIRCULAR

Amending, supplementing or replacing a number of provisions of the Minister of Construction’s Circular No. 03/2016/TT-BXD of March 10, 2016, prescribing the grading of construction works and guiding the application of construction work grades in the management of construction investment activities^[1]

Pursuant to the Government’s Decree No. 46/2015/ND-CP of May 12, 2015, on quality management and maintenance of construction works;

Pursuant to the Government’s Decree No. 59/2015/ND-CP of June 18, 2015, on management of construction investment projects (below referred to as Decree No. 59/2015/ND-CP);

Pursuant to the Government’s Decree No. 42/2017/ND-CP of April 5, 2017, amending and supplementing a number of articles of Decree No. 59/2015/ND-CP;

Pursuant to the Government’s Decree No. 81/2017/ND-CP of July 17, 2017, defining the functions, tasks, powers and organizational structure of the Ministry of Construction;

At the proposal of the Director of the State Authority for Construction Quality Inspection;

The Minister of Construction promulgates the Circular amending, supplementing or replacing a number of provisions of the Minister of Construction’s Circular No. 03/2016/TT-BXD of March 10, 2016, prescribing the grading of construction works and guiding the application of construction work grades in the management of construction investment activities.

Article 1. To amend, supplement or replace a number of provisions of the Minister of Construction’s Circular No. 03/2016/TT-BXD of March 10, 2016, prescribing the grading of construction works and guiding the application of construction work grades in the management of construction investment activities (below referred to as Circular No. 03/2016/TT-BXD)

1. To add the following Article 1a below Article 1:

“Article 1a. Interpretation of terms

a/ Detached house means a house built on a separate residential land plot under the lawful use rights of an organization, household or individual, which may be a villa house, semi-detached house or an independent house.

b/ Apartment building means a building having at least two stories and multiple apartments, common aisles and stairs, areas under private ownership and common ownership, and a system of infrastructure works for common use for households, individuals and organizations.

c/ Multi-functional work (or mixed work) means a work with different use functions (for example, works designed to be used as apartment buildings, hotels and offices shall be considered multi-functional works).

d/ Height of a house, construction work or structure means the height calculated from the ground level to the highest point of such house, construction work or structure. For works with different ground levels, their height shall be calculated from the lowest ground level. The methods for determining the height of houses, construction works and structures in specific cases are provided in Appendix 2 to Circular No. 03/2016/TT-BXD.”

dd/ Ground floor means a floor whose level is higher than or equal to the ground level of the work under the approved master plan.

e/ Basement (or underground floor) means a floor more than half of whose height is below the ground level of the work under the approved master plan.

g/ Semi-basement (or semi-underground floor) means a floor half of whose height is above or equal to the ground level of the work under the approved master plan.

h/ Technical floor means a floor where technical equipment of the building is located. Technical floor may be a basement, semi-basement, attic story or any story of a building.

i/ Attic floor means a floor inside the space of a sloping roof the whole or part of whose vertical side is created by the surface of the inclined roof or folding roof, of which the vertical wall (if any) must not be 1.5 meters higher than the floor surface.

k/ Number of stories of a building (or construction work) includes all stories on the ground (including technical floor and garret floor) and semi-basement, excluding attic floor.

A garret floor shall not be included in the number of stories of a construction work in case it is used only to cover the cage of stairs or hoistway, cover the construction equipment (if any), or serve roof access and rescue purposes. The area of garret floor must not exceed 30% of the area of the roof floor.

For a detached house, its mezzanine floor shall not be included in the number of stories of such house if the area of the mezzanine floor does not exceed 65% of the construction area of the floor right below it.

For a work being a house, house-type structure, or multi-story work with floors (excluding detached houses), its mezzanine floor shall not be included in the number of stories of such work when it is used as a technical zone only (for example, technical floor of the swimming pool bed, or floor for installation of power generators or other construction equipment), provided that its construction floor area must not exceed 10% of the construction area of the floor right below it and must not exceed 300 square meters.

Each work may have only one mezzanine floor not included in the number of its stories.

2. To amend, supplement or replace a number of provisions in Appendix 1 “Grading of construction works by capacity or importance” to Circular No. 03/2016/TT-BXD as those specified in Appendix I to this Circular.

3. To amend and supplement a number of provisions in Appendix 2 “Grading of construction works by structure” to Circular No. 03/2016/TT-BXD as those specified in Appendix II to this Circular.

4. To annul Point d, Section 2 on Notes of Table 2, Appendix 2 “Grading of construction works by structure” to Circular No. 03/2016/TT-BXD.

5. To replace Section 3.5 of Appendix 3 “Examples on determination of grades of works” to Circular No. 03/2016/TT-BXD with Section 3.5 of Appendix III to this Circular.

Article 2. Transitional provisions

1. Grades of works under construction investment projects the investment in which is decided before the effective date of this Circular shall be determined in accordance with law effective at the time of approving such projects.

2. In case the construction design of a work is adjusted after the effective date of this Circular:

a/ If the adjustment does not change the capacity or structure prescribed in this Circular, the grade of such work shall be determined in accordance with law effective at the time of approving the work construction investment project;

b/ If the adjustment changes the capacity or structure, the grade of such work shall be determined in accordance with Article 1 of this Circular.

Article 3. Effect

1. This Circular takes effect on January 1, 2020.

2. Any problems arising in the course of implementation of this Circular should be reported to the Ministry of Construction for consideration and settlement.-

For the Minister of Construction
Deputy Minister
LE QUANG HUNG

* The appendices to this Circular are not translated.