Decree No. 49/2008/ND-CP dated April 18, 2008 of the Government amending and supplementing a number of articles of the Government's Decree No. 209/2004/ND-CP dated December 16, 2004, on quality management of construction works

DECREE

AMENDING AND SUPPLEMENTING A NUMBER OF ARTICLES OF THE GOVERNMENT'S DECREE No. 209/2004/ND-CP OF DECEMBER 16, 2004, ON QUALITY MANAGEMENT OF CONSTRUCTION WORKS

THE GOVERNMENT

Pursuant to the December 25, 2001 Law on Organization of the Government;
Pursuant to the November 26, 2003 Const motion Law;
At the proposal of the Minister of Construction,

DECREES:

Article 1.- To amend and supplement a number of articles of the Government's Decree No. 209/ 2004/ND-CP of December 16, 2004. on quality management of construction works, as follows:

1. Article 5 is incorporated into Article 4 and amended as follows:

"Article 4.- Classification and grading of construction works

1. Construction works are classified into:
a/ Civil works;

b/ Industrial works;

c/ Transport works;

d/ Irrigation works;

e/ Technical infrastructure works.

2. Construction works are graded based on their types, importance and scales.

3. The Ministry of Construction shall specify types and grades of construction works under technical regulations on construction."

2. To amend Clause 3 of Article 12 as follows:

"3. The take-over test of construction survey results must be recorded in writing with the following details:

a/ Objects of the take-over test (names of survey jobs, steps of work construction design);

b/ Participants directly engaged in the take-over test (investor, construction survey contractor, construction supervision and survey contractor);

c/ Time and location of the take-over test;

d/ Bases for the take-over test;

e/ Assessment of construction survey results against the approved survey tasks and plans;

f/ Take-over test conclusions (acceptance or non-acceptance of construction surveys; requests to modify, supplement or improve these surveys, and other recommendations, if any)."

3. To amend Clause 1 of Article 16 as follows:

"1. An approved design dossier must be tested before take-over by the investor. Take-over test results must be recorded in writing with the following details:

a/ Objects of the take-over test (names of the designed works or work items; design steps);

b/ Participants directly engaged in the take-over test (investor, design contractor);

c/ Time and location of the take-over test;

d/ Bases for the take-over test;

e/ Assessment of the quality and quantity of design dossiers against the set requirements;

f/ Take-over test conclusions (acceptance or non-acceptance of design dossiers; requests to modify or supplement these dossiers, and other recommendations, if any)."

4. To amend and supplement Clause 2 of Article 17 as follows:

"2. If changes in technical designs do not result in changes in basic designs, or changes in construction drawing designs do not result in changes in previous-step designs, investors may decide to approve changes in designs. Construction-supervising contractors may sign and adjust in construction drawing designs the contents already approved by investors and shall bear responsibility for their decisions."

5. To amend and supplement Point d, Clause 2 of Article 24 as follows:

"d/ Take-over test before allowing the performance of subsequent jobs. Take-over test results must be recorded in writing with the following details:

- Objects of the take-over test (names of jobs tested upon take-over);

- Participants directly engaged in the take-over test;

- Time and location of the take-over test;

- Bases for the take-over test;

- Assessment of the quality of the performed construction jobs;

- Take-over test conclusions (acceptance or non-acceptance of the performed jobs; allowing the performance of the subsequent construction job; requests to repair or improve the performed jobs, and other requests, if any)."

6. To amend and supplement Point d, Clause 2 of Article 25 as follows:

d/ Take-over test before allowing the shift to another construction phase. Take-over test results must be recorded in writing with the following details:

- Objects of the take-over test (names of work items or construction phases tested upon take-over);

- Participants directly engaged in the take-over test; time and location of the take-over test;

- Bases for the take-over test;

- Assessment of the quality of the performed work items or construction phases;

- Take-over test conclusions (acceptance or non-acceptance of the work items or construction phases; allowing the performance of the subsequent construction phase; requests to repair or improve the completed work items or work construction phases, and other requests, if any)."

7. To amend and supplement Point f. Clause 2 of Article 26 as follows:

"f/ Take-over test before putting works to operation and use. Take-over test results must be recorded in writing with the following details:

- Objects of the take-over test (names of work items or works tested upon take-over);

- Location of construction;

- Participants in the take-over test;

- Time and location of the take-over test;

- Bases for the take-over test;

- Assessment of the quality of construction work items or construction works;

- Take-over test conclusions (acceptance or non-acceptance of the completed construction work items or construction works for putting them into use; requests to repair, improve or supplement those works items or works, and other opinions, if any).

8. To amend Article 28 as follows:

"Article 28.- Certification of ability to ensure force-bearing safety and certification of quality conformity of construction works

1. Construction work items or construction works in which incidents, once occurring, are likely to cause disaster, are subject to inspection and certification of ability to ensure force-bearing safety before being put into use.

2. Certification of quality conformity of construction works is made upon request of competent state management agencies or at the proposal of investors based on requests of insurers of the works or organizations or individuals that purchase, manage or use the works. Certification of quality conformity of construction works is encouraged.

3. The Ministry of Construction shall guide the inspection and certification of ability to ensure force-bearing safety and the certification of quality conformity of construction works.

4. Inspection and certification of other safety conditions must comply with relevant legal documents."

Article 2.- To annul Appendices No. 2, 3, 4a. 4b, 5a, 5b, 6 and 7 on forms of take-over test records on survey, design and construction attached to the Government's Decree No. 209/2004/ND-CP of December 16, 2004, on quality management of construction works.

Article 3.- Transitional handling

1. Within one year after this Decree takes effect, the Ministry of Construction shall promulgate specific regulations on types and grades of works under technical regulations on construction. Pending the promulgation of these regulations, methods of classifying and grading works specified in Appendix No. 1 to the Government's Decree No. 209/2004/ND-CP of December 16, 2004, on quality management of construction works, may still be applied.

2. After this Decree takes effect, investors may issue by themselves new forms of take-over test records or use forms of take-over test records specified in construction and take-over test standards or in other legal documents, which, however, must have all the details specified in Clauses 2, 3, 5, 6 and 7, Article 1 of this Decree.

Article 4.- Implementation provisions

This Decree takes effect 15 days after its publication in "CONG BAO."

Ministers, heads of ministerial-level agencies, heads of government-attached agencies, presidents of provincial/municipal People's Committees, chairmen of management boards of state enterprises, and concerned organizations shall implement this Decree.