Circular 14/2024/TT-BXD the process for assessing the safety of construction works during their operation and usage

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Circular No. 14/2024/TT-BXD dated December 30, 2024 of the Ministry of Construction on promulgation of the process for assessing the safety of construction works during their operation and usage
Issuing body: Ministry of ConstructionEffective date:
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Official number:14/2024/TT-BXDSigner:Pham Minh Ha
Type:CircularExpiry date:Updating
Issuing date:30/12/2024Effect status:
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Fields:Construction
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Effect status: Known

THE MINISTRY OF CONSTRUCTION

_________

No. 14/2024/TT-BXD

THE SOCIALIST REPUBLIC OF VIETNAM
Independence - Freedom - Happiness

____________________________

Hanoi, December 30, 2024

 

CIRCULAR

On promulgation of the process for assessing the safety of construction works during their operation and usage

____________________

 

Pursuant to the Law on Construction dated June 18, 2014 and the Law Amending and Supplementing a Number of Articles of the Law on Construction dated dated June 17, 2020;

Pursuant to the Government’s Decree No. 06/2021/ND-CP dated January 26, 2021 detailing a number of provisions on quality management, construction and maintenance of construction works, of which a number of articles have been amended and supplemented under the Government’s Decree No. 35/2023/ND-CP dated June 20, 2023;

Pursuant to the Government’s Decree No. 175/2024/ND-CP dated December 30, 2024 detailing a number of articles of and providing measures for implementing the Law on Construction regarding management of construction activities;

Pursuant to the Government’s Decree No. 52/2022/ND-CP dated August 08, 2022 defining the functions, tasks, powers, and organizational structure of the Ministry of Construction;

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

The Minister of Construction hereby promulgates the Circular on the promulgation of the process for assessing the safety of construction works during their operation and usage.

 

Article 1. The process for assessing the safety of construction works during their operation and usage is promulgated under this Circular.

Article 2. Effect

This Circular takes effect on February 19, 2025.

Article 3. Organization of implementation

1. Owners, managers, users of construction works, construction safety assessing organizations, State regulatory authorities and relevant organizations and individuals shall be responsible for implementing this Circular.

2. Problems that arise during the implementation of this Circular should be reported to the Ministry of Construction for guidance and resolution./.

 

 

FOR THE MINISTER                      

DEPUTY MINISTER
 

 


Pham Minh Ha

 

 

THE MINISTRY OF CONSTRUCTION

_________

THE SOCIALIST REPUBLIC OF VIETNAM
Independence - Freedom - Happiness

____________________________

 

 

PROCESS FOR ASSESSING THE SAFETY OF CONSTRUCTION WORKS DURING THEIR OPERATION AND USAGE
(Promulgated under Circular No. 14/2024/TT-BXD dated December 30, 2024 of the Minister of Construction)

 

Article 1. Scope of application

1. This process applies to construction works prescribed in Appendix XI to the Government’s Decree No. 175/2024/ND-CP dated December 30, 2024 detailing a number of articles of and providing measures for implementing the Law on Construction regarding management of construction activities and subject to the State-level governance by the Ministry of Construction.

2. This process is applied to inspect and evaluate the performance of primary load-bearing structures and components of construction works that pose potential safety risks, and conditions ensuring the normal operation and utilization of the construction works, as prescribed in Clause 1 and Clause 2, Article 37 of the Government’s Decree No. 06/2021/ND-CP dated January 26, 2021 detailing a number of provisions on quality management, construction and maintenance of construction works.

3. This process is not applicable to the following:

a) Construction works that have experienced incidents;

b) Cases where sufficient information cannot be gathered to facilitate the inspection and safety assessment of the construction work;

c) Determination of the remaining service life of the construction work.

Article 2. Subjects of application

1. Owners, managers, users of construction works.

2. Construction work safety assessing organizations.

3. Competent State regulatory authorities and relevant organizations and individuals.

Article 3. Interpretation of terms

For the purposes of this Process, the terms below are construed as follows:

1. Structural safety assessment means the inspection and assessment by a construction work safety assessing organization (hereinafter referred to as the assessing organization) of the performance (load-bearing capacity and normal usage conditions) of load-bearing structures and components of the construction work that pose potential safety risks.

2. Level-1 assessment means the assessing organization using visual inspection methods to conduct periodic inspection and assessment of the structural safety.

3. Level-2 assessment means the assessing organization using structural analysis and testing methods to assess the structural safety based on the construction design records, as-built drawings, and data from the investigation of the construction work in its current condition.

Article 4. Purpose of construction work safety assessment

The purpose of assessing the safety of a construction work is to promptly detect factors and risks that cause unsafety affecting the lives and health of people inside and around it, thereby taking appropriate measures to prevent or minimize the impact of these factors and risks during the operation and usage of the construction work.

Article 5. General provisions

1. The assessment of structural safety must apply technical regulations and standards in effect at the time of assessment, using data on natural conditions to be used in construction in Vietnam.

2. The legality of documentation and records used in relation to construction work safety assessment must be ensured in accordance with the law regulations.

3. The assessing organization must collect sufficient information necessary to conduct the safety assessment of the construction work in accordance with this process.

4. Structural repairs or reinforcements (if any) during the construction work safety inspection and assessment process must comply with the law regulations on construction.

5. In cases where a legislative document incorporated by reference into this process is modified, amended or replaced, the regulations of the newest one shall apply.

Article 6. Inspection and assessment of conditions to ensure normal operation and utilization of the construction work

1. The assessing organization shall conduct inspection and assessment of conditions to ensure normal operation and utilization of a construction work by reviewing and assessing the results of inspection, measurement, testing and inspection of these conditions in accordance with the relevant specialized law regulations.

2. The results of inspection and assessment of conditions to ensure normal operation and utilization of the construction work shall be recorded into a report on inspection and assessment results, and such report constitutes part of the construction work safety assessment dossier.

Article 7. Flow chart of the structural safety assessment

 

Article 8. Level-1 assessment

1. The level-1 assessment shall follow the below sequence:

a) Preparation of documentation and records;

b) Review of documentation and records;

c) Visual inspections;

d) Preparation of the report on construction work safety assessment results.

2. Before the assessment, the assessing organization must prepare the records and documentation prescribed at Point b, Clause 1, Article 38 of Decree No. 06/2021/ND-CP.

3. The review of records and documentation aims to:

a) Determine the structural system and functional areas of the construction work;

b) Determine critical areas that require inspection;

c) Determine key structures, special structures, and statically determinate structures (transfer beams, cantilever beams, slender columns, large-span structures, prestressed cables, bearings, etc.) that require inspection;

d) Determine loads to assess appropriate functional use and potential overload conditions;

dd) Determine the impact of renovations or repairs on the structure of the construction work.

4. Visual inspections

a) Visual inspections cover: inspection of the structure of the construction work in its current condition; inspection of the loads applied to the structure of the construction work; and inspection of renovations or repairs that have impact on the structure of the construction work.

b) The inspection of the structure of the construction work in its current condition aims to determine defects, damage, structural deformations, and signs of degradation of structural materials. In cases where defects, damage, structural deformations, or degradation of structural materials are detected, the assessing organization must assess such defects, damage. Structural deformations, or degradation and recommend corrective measures (structural repairs or reinforcements) if necessary, or conduct a level-2 assessment for the structure of part or the entire construction work.

c) The inspection of the loads applied to the structure covers: inspection of actual loads compared to design loads; inspection of the actual functional use compared to the designed functionality; inspection of the actual loading conditions compared to the design loading conditions.

d) The inspection of renovations or repairs of the construction work aims to determine and assess the adverse impacts of such renovations or repairs on the structure of the construction work.

5. Report on construction work safety assessment results

a) The report on construction work safety assessment results must reflect the actual inspection tasks performed and clearly show the assessments, conclusions and recommendations (if any).

b) The main information of the report on construction work safety assessment results include: general information about the construction work; information about the assessing organization; the subject of the assessment and the time of assessment; a list of documents and materials used for the assessment; results of surveys, inspections, and assessments performed; conclusions and recommendations (if any); full names and signatures of the individuals responsible for leading the assessment; and the full name, signature, title of the legal representative, and the legal entity seal of the assessing organization.

Article 9. Level-2 assessment

1. The level-2 assessment shall be conducted in the following cases:

a) During the level-1 assessment, the structural safety of the construction work is concerned;

b) During operation and usage of the construction work, its structure shows abnormal signs that pose safety risks.

2. The level-2 assessment consists of two phases: preliminary assessment and detailed assessment.

Article 10. Preliminary assessment

1. The preliminary assessment shall follow the below sequence:

a) Review of records, documentation and other signs;

b) Investigation of the construction work in its current condition;

c) Preliminary assessment;

d) Preparation of the report on construction work safety assessment results.

2. Records, documentation and other signs that should be reviewed at the preliminary assessment stage include:

a) Dossiers and documents prescribed in Clause 2, Article 8 of this process;

b) Other signs (e.g. change in ground conditions, corrosion, etc.).

3. The investigation of the construction work in its current condition at the preliminary assessment stage aims to clearly determine the structural system and defects, damage, structural deformations, and degradation of structural materials by visual inspection methods using simple equipment and tools. Before conducting the investigation of the construction work in its current condition, the assessing organization must review records and documentation to determine load-bearing structures, important structures, special structures, and statically determinate structures.

4. At the preliminary assessment stage, based on the review of records, documentation, and other signs, and the investigation of the construction work in its current condition, the assessing organization must determine the severity of defects, damage, deformations, structural changes, and degradation of structural materials that impact the load-bearing safety and normal usage conditions of the structure, thereby ensuring resources are focused on these critical factors in subsequent assessments. Based on the results of the preliminary assessment, the assessing organization shall recommend whether additional investigation is necessary.

5. In cases where the preliminary assessment results indicate that the structure of the construction work poses any safety risk, the assessing organization must promptly notify the owner, manager, or user of the construction work to implement corrective measures (if necessary) to prevent or minimize hazards to public safety.

6. Based on the survey and assessment results as prescribed at Points b and c, Clause 1 of this Article, the assessing organization shall recommend whether a detailed assessment is necessary. A detailed assessment is not necessary if the preliminary assessment can conclusively determine the structural safety. In cases where the preliminary assessment cannot determine the structural safety, a detailed assessment as prescribed in Article 11 of this process is recommended.

7. Report on construction work safety assessment results

a) The report on construction work safety assessment results must reflect the actual inspection tasks performed and clearly show the assessments, conclusions and recommendations (if any).

b) The main information of the report on construction work safety assessment results include: general information about the construction work; information about the assessing organization; the subject of the assessment and the time of assessment; a list of documents and materials used for the assessment; results of surveys, inspections, and assessments performed; conclusions and recommendations (if any); full names and signatures of the individuals responsible for leading the assessment; and the full name, signature, title of the legal representative, and the legal entity seal of the assessing organization.

Article 11. Detailed assessment

1. The detailed assessment shall follow the below sequence:

a) Review in detail of documentation and records;

b) Detailed investigation of the structure;

c) Determination of properties of the structural materials;

d) Geotechnical investigation of the construction site;

dd) Determination of loads and impacts;

e) Structural analysis;

g) Structural inspections;

h) Preparation of the report on construction work safety assessment results.

2. Review in detail of documentation and records

a) The records and documentation prescribed in Clause 2, Article 8 of this process at the detailed assessment phase must be reviewed in detail.

b) When reviewing records and documentation, attention must be given to the differences in structural inspection methods and the structural requirements of the structure as prescribed in the design standards applied at the design phase and the design standards used during the assessment.

3. Detailed investigation of the structure

a) The dimensions and structural details of the structure are determined from the construction design records and the as-built drawings of the construction work. In cases where the dimensions and structural details cannot be determined from the construction design records or the as-built drawings, they must be determined through investigation and measurement of the construction work in its current condition.

b) Geometric defects of the structure (e.g., initial column curvature, random eccentricity, etc.) must be identified during the investigation and measurement of the construction work in its current condition. In cases where the investigated and measured values for geometric defects are smaller than the allowable tolerances prescribed by the standards applied in the assessment, these values shall be determined in accordance with such standards.

4. Determination of properties of the structural materials

a) The properties of the structural materials are determined from the construction design records and the as-built drawings of the construction work. In cases where the properties of the structural materials cannot be determined from the construction design records or the as-built drawings, they must be determined through destructive or non-destructive testing.

b) When determining the properties of the structural materials through testing, the impacts of the shape and size of the testing sample, the impacts of temperature and humidity, the load duration effects, and the environmental impacts on the structure must be taken into consideration.

c) Sampling and testing methods for determining the properties of the structural materials must comply with the standards applied in the relevant assessment.

d) Testing results must be analyzed and processed statistically.

5. Geotechnical investigation of the construction site

a) The geotechnical investigation data used to assess construction safety shall be determined from the report on construction surveying results.

b) In cases where the geotechnical investigation data cannot be determined from the report on construction surveying results, the assessing organization must conduct a geotechnical investigation of the construction work in its current condition.

6. Determination of loads and impacts

a) Loads and impacts must be determined in accordance with the technical regulations and standards applied in the assessment. Changes in functionality or renovations and repairs to the construction work that impact the structure must be taken into consideration.

b) The reliability factors for dead loads and live loads used in structural analysis during the assessment must be determined in accordance with the standards applied in the assessment.

7. Structural analysis

a) The selected structural analysis method must be based on the type of structure and structural materials.

b) The structural analysis model used must closely reflect the behavior of the structure and can be applied to either the entire structural system or individual components.

c) The impacts of defects, damage, deformation of the structure, and degradation of structural materials must be taken into consideration in the structural calculation model.

8. Structural inspection

a) Structural inspections cover: inspection of the load-bearing capacity and inspection of the normal usage conditions of the structure.

b) The reliability factors of materials used in structural inspections must be determined in accordance with the standards applied in the assessment.

c) The inspection of the load-bearing capacity of the structure covers: inspection of the load-bearing capacity of the cross-sections and inspection of the load-bearing capacity of the connections in accordance with the structural design standards applied in the assessment.

d) The normal usage conditions of the structure are considered satisfactory if the values of deformation, displacement, cracking, etc., do not exceed the limit values prescribed in the structural design standards applied in the assessment.

9. Report on construction work safety assessment results

a) The report on construction work safety assessment results must reflect the actual tasks performed and clearly show the assessments, conclusions and recommendations (if any).

b) The main information of the report on construction work safety assessment results include: general information about the construction work; information about the assessing organization; the subject of the assessment and the time of assessment; a list of documentation and records used for the assessment; results of the preliminary assessment; results of the detailed assessment; results of structural analysis and testing, etc.; conclusions and recommendations (if any); full names and signatures of the individuals responsible for leading the assessment; and the full name, signature, title of the legal representative, and the legal entity seal of the assessing organization.

Article 12. Construction work safety assessment dossiers

1. A construction work safety assessment dossier prepared by the assessing organization shall consist of: a report on construction work safety assessment results and related records and documentation (the assessment outline; drawings and imagery of the construction work in its current condition; results of investigation and measurement of the construction work in its current condition; results of testing of structural materials of the construction work in its current condition; results of structural analysis and inspections, etc.).

2. The construction work safety assessment dossiers shall be handed over to the owners, managers, or users of the construction work for inclusion in the construction work maintenance records and to serve as a reference for future assessments.

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