Decree No. 62/2016/ND-CP dated July 01, 2016 of the Government on regulations on requirements of judicial expertise in construction and construction experiments

DECREE

Prescribing the conditions for construction judicial assessment and specialized construction testing activities[1]

Pursuant to the June 19, 2015 Law on Organization of the Government;

Pursuant to the June 29, 2006 Law on Standards and Technical Regulations;

Pursuant to the November 21, 2007 Law on Product and Goods Quality;

Pursuant to the June 20, 2012 Law on Judicial Assessment;

Pursuant to the June 18, 2014 Construction Law;

Pursuant to the November 26, 2014 Investment Law;

At the proposal of the Minister of Construction;

The Government promulgates the Decree prescribing the conditions for construction judicial assessment and specialized construction testing activities.

Article 1. Scope of regulation and subjects of application

This Decree prescribes the conditions for construction judicial assessment and specialized construction testing activities applicable to domestic and foreign organizations and individuals involved in construction activities in the Vietnamese territory.

Article 2. Capacity conditions on construction judicial assessors and ad-hoc construction judicial assessors

A construction judicial assessor must satisfy the conditions prescribed at Points a and b, Clause 1, Article 7 of the Law on Judicial Assessment; an ad-hoc construction judicial assessor must satisfy the conditions prescribed in Clauses 1 and 2, Article 18 of the Law on Judicial Assessment. In addition to the above conditions, a construction judicial assessor or an ad-hoc construction assessor must satisfy the following conditions:

1. For the judicial assessment of compliance with regulations on construction investment activities:

Being experienced in performing construction investment project management, construction supervision, construction inspection or state management of construction.

2. For the judicial assessment of quality or causes of damage, lifetime and other technical parameters of construction materials, components, products, work sections or works;

a/ Being experienced in performing construction designing, design appraisal, construction supervision, construction, specialized construction testing or construction inspection which is conformable with construction judicial assessment contents;

b/ Possessing a practice certificate for organizing construction survey or construction designing under regulations applicable to cases of assessment of quality of construction surveys or construction designs;

c/ Possessing a certificate of construction inspection or construction designing or construction supervision practice under regulations applicable to cases of assessment of quality of construction materials, products and work equipment;

d/ Possessing a certificate of construction inspection or construction designing or construction supervision practice under regulations applicable to cases of assessment of quality of construction work sections and works and investigation of construction work incidents.

3. For the judicial assessment of work construction investment expenses and work value:

a/ Being experienced in performing construction investment project management, construction designing, construction inspection or management of work construction investment expenses which is conformable with construction judicial assessment contents;

b/ Possessing a certificate of construction valuation practice as prescribed.

4. Practice certificates of individuals specified in Clauses 2 and 3 of this Article are provided in Section 1, Chapter IV of the Government’s Decree No. 59/2015/ND-CP of June 18, 2015, on management of construction investment projects.

Article 3. Capacity conditions on ad-hoc construction judicial assessment organizations

An ad-hoc construction judicial assessment organization is a construction consultancy organization satisfying the conditions prescribed in Article 19 of the Law on Judicial Assessment and the following conditions:

1. For the judicial assessment of compliance with regulations on construction investment activities:

a/ Fully satisfying the prescribed capacity conditions for performing construction investment project management, construction inspection or construction supervision which is conformable with construction judicial assessment contents;

b/ An individual responsible for assessment must satisfy the conditions prescribed for construction judicial assessors or ad-hoc construction judicial assessors who assess the compliance with regulations on construction investment activities as prescribed in Clause 1, Article 2 of this Decree.

2. For the judicial assessment of quality or causes of damage, lifetime and other technical parameters of construction materials, components, products, work sections or works;

a/ In case of assessment of quality of construction surveys or work construction designs, an assessment organization must satisfy the capacity conditions for performing construction inspection, construction survey, construction designing, construction design appraisal under regulations which is conformable with construction judicial assessment contents;

b/ In case of assessment of quality of construction materials, products or work equipment, an assessment organization must satisfy the capacity conditions for performing construction inspection, construction designing, specialized construction testing or construction supervision under regulations which is conformable with construction judicial assessment contents;

c/ In case of assessment of quality of construction work sections or works or assessment of construction work incidents, an assessment organization must satisfy the capacity conditions for performing construction inspection or construction designing under regulations which is conformable with construction judicial assessment contents;

d/ An individual responsible for assessment of the contents specified at Point a, b or c of this Clause must satisfy the corresponding conditions prescribed in Clause 2, Article 2 of this Decree.

3. For the judicial assessment of work construction investment expenses and work value:

a/ Being capable of performing construction inspection, construction designing, construction supervision or management of work construction investment expenses under regulations which is conformable with construction judicial assessment contents;

b/ An individual responsible for performing the assessment must satisfy the conditions prescribed in Clause 3, Article 2 of this Decree.

4. The capacity conditions on organizations specified in Clauses 2 and 3 of this Article are prescribed in Section 2, Chapter IV of the Government’s Decree No. 59/2015/ND-CP of June 18, 2015, on management of construction investment projects.

Article 4. Capacity conditions on a construction judicial assessment office

1. Being established and granted an operation registration certificate in accordance with the Law on Judicial Assessment and relevant legal documents.

2. Satisfying the capacity requirements prescribed for ad-hoc construction judicial assessment organizations which are conformable with construction judicial assessment contents.

Article 5. Conditions on specialized construction testing organizations

1. A specialized construction testing organization regulated by this Decree is an organization providing specialized construction testing and construction work observation services, satisfying the capacity conditions prescribed in Clause 2 of this Article and being granted by a competent agency a certificate of eligibility for performing specialized construction testing. The validity duration of a certificate of eligibility for performing specialized construction testing is 5 years from the date of grant.

2. Capacity conditions:

a/ Being a lawfully established organization;

b/ Satisfying the general requirements of national standard TCVN ISO/IEC 17025:2007 or international standard ISO/IEC 17025:2005 and satisfying specific requirements conformable to registered testing indicators;

c/ A person directly managing specialized construction testing activities must possess a university degree in a major relevant to one of the testing fields of the organization;

d/ Employing testers who have at least completed upper secondary education and possess an appropriate degree or certificate of training in each testing field.

Article 6. Dossiers, procedures and competence for grant of certificates of eligibility for performing specialized construction testing

1. A dossier of registration for grant of a certificate of eligibility for performing specialized construction testing must comprise:

a/ A registration form for application for a certificate of eligibility for performing specialized construction testing, made according to form No. 1 provided in Appendix I to this Decree (for case of application for grant or re-grant of a certificate), or a registration form for supplementation or modification of a certificate of eligibility for performing specialized construction testing, made according to form No. 2 provided in Appendix I to this Decree (for case of application for grant of a supplemented or modified certificate);

b/ A copy of the establishment decision or enterprise registration certificate or investment license (for case of application for grant of a certificate);

c/ A list of managers and testers, enclosed with their relevant degrees and certificates of training;

d/ Documents proving the testing capacity which satisfies the requirements prescribed at Point b, Clause 2, Article 5 of this Decree for each case of application for grant, re-grant, supplementation or modification of a certificate of eligibility for performing specialized construction testing.

2. Procedures for grant or re-grant of a certificate of eligibility for performing specialized construction testing:

a/ The specialized construction testing organization shall make a dossier set under Clause 1 of this Article and send it by post or directly submit it to the office of the Ministry of Construction. In case of wishing to submit its dossier online through the website of the Ministry of Construction, the organization shall comply with the guidelines on online settlement of administrative procedures under the Government’s regulations on e-government;

b/ Within 5 working days after receiving a dossier, if documents included therein are insufficient or invalid, the Ministry of Construction shall guide the organization to supplement and complete its dossier;

c/ Within 15 working days after receiving sufficient and valid documents, the Ministry of Construction shall organize an evaluation at the laboratory of the organization;

d/ Within 5 working days after a written record of physical evaluation and problem-solving results (if any) which are satisfactory, the Ministry of Construction shall grant a certificate of eligibility for performing specialized construction testing according to Appendix II to this Decree.

3. Procedures for grant of a supplemented or modified certificate of eligibility for performing specialized construction testing:

a/ In case of grant of a supplemented or modified certificate of eligibility for performing specialized construction testing under Point a, Clause 4 of this Article, the procedures shall be carried out under Clause 2 of this Article;

b/ In case of grant of a supplemented or modified certificate of eligibility for performing specialized construction testing under Point b, Clause 4 of this Article, within 5 working days after receiving sufficient and valid documents, the Ministry of Construction shall grant such a certificate;

c/ The validity duration of a supplemented or modified certificate of eligibility for performing specialized construction testing under Point a, Clause 4 of this Article is that of the previously granted certificate.

4. Cases where supplementation or modification of a certificate of eligibility for performing specialized construction testing is required:

a/ When the specialized construction testing organization wishes to supplement or modify its certificate of eligibility for performing specialized construction testing;

b/ When the specialized construction testing organization relocates its laboratory.

5. Competence to grant certificates of eligibility for specialized construction testing activities:

a/ The Ministry of Construction may grant, re-grant, supplement, modify, temporarily invalidate or revoke certificates of eligibility for performing specialized construction testing;

b/ The Ministry of Construction may recognize the equivalence of certificates of eligibility for performing testing or experimenting operations granted by other competent agencies in accordance with law if such operations satisfy the conditions prescribed in Clause 2, Article 5 of this Decree. The recognition of equivalence shall be conducted according to the procedures prescribed at Point b, Clause 3 of this Article.

Article 7. Temporary invalidation and invalidation of certificates of eligibility for performing specialized construction testing

1. The certificate of eligibility for performing specialized construction testing of a specialized construction testing organization that takes one of the following acts shall be temporarily invalidated:

a/ Notifying the suspension of its specialized construction testing activities;

b/ Failing to constantly maintain the conditions prescribed in Article 5 of this Decree;

c/ Supplying slips of testing results which contain incorrect details or insufficient details specified in Appendix III to this Decree;

d/ Testing indicators not on the list enclosed with its certificate of eligibility or testers possessing no degrees or certificates of training relevant to such testing indicators;

dd/ Failing to comply with the requirements of competent state management agencies for the inspection or examination of specialized construction testing activities.

2. The certificate of eligibility for specialized construction testing activities of a specialized construction testing organization that takes one of the following acts shall be invalidated:

a/ Having been dissolved or gone bankrupt or seriously violated current regulations;

b/ Notifying the termination of its specialized construction testing activities;

c/ Failing to register for grant of a supplemented or modified certificate of eligibility for performing specialized construction testing in the case specified at Point b, Clause 4, Article 6 of this Decree;

d/ Failing to address its errors or failures after having its certificate of eligibility for performing specialized construction testing temporarily invalidated;

dd/ Providing testing results and data before the testing is completed;

e/ Providing data inconsistent with actual testing results, causing serious consequences in relation to construction work quality.

Article 8. Transitional handling

1. Decisions on recognition of the capacity of specialized construction testing laboratories to perform tests issued by the Ministry of Construction before the effective date of this Decree are as valid as certificates of eligibility for specialized construction testing activities prescribed in this Decree.

2. Within 36 months after this Decree takes effect, organizations that have decisions on recognition of the capacity of their specialized construction testing laboratories to perform tests shall register for grant of certificates of eligibility for performing specialized construction testing if they wish to continue performing specialized construction tests.

Article 9. Implementation provisions

1. This Decree takes effect on July 1, 2016.

2. In case the standards referred to in this Decree are supplemented, amended or replaced, the latest versions thereof shall be complied with.

3. Ministers, heads of ministerial-level agencies, heads of government-attached agencies, and chairpersons of provincial-level People’s Committees shall implement this Decree.-

On behalf of the Government
Prime Minister
NGUYEN XUAN PHUC