New regulations on quality management construction maintenance of construction works
Prime Minister Nguyen Xuan Phuc has just signed and promulgated Decree No. 06/2021/ND-CP, which replaces Decree No. 46/2015/ND-CP issued by the government on May 25, 2015. The Decree stipulates in detail a number of aspects of quality management, construction, and maintenance of construction projects, and applies to domestic institutions, organizations, and individuals engaged in quality management of projects, construction, and construction maintenance; foreign organizations and individuals.
Accordingly, scope of management of construction works includes: Construction quality management; Construction progress management; Construction quantity management; Occupational safety and environmental control; Occupational safety and environmental control; Management of other matters or issues that is prescribed in construction contracts.
According to Decree 06/2021/ND-CP, sequence of tasks involved in the management of construction works includes 12 items: Land acquisition; construction site management; Management of building materials, products, components and equipment used in the construction project; Management of the contractor’s construction works; Supervision of construction works undertaken by the investor; inspection and pre-commissioning testing of construction works during the construction process; Author’s supervision carried out by design contractors during the construction process; Controlled experiment, testing of the bearing capacity of the construction structure and construction verification during the construction process; Pre-commissioning testing at the construction stage, or the construction project constituent (if any); Pre-commissioning testing of completed construction items or works before being put into operation or in use; Inspection of the pre-commissioning testing conducted by the competent state authority (if any); Preparation and archiving of project completion documentation; Post-construction restoration; Transfer.
Decree 06/2021/ND-CP also stipulates the responsibilities of construction contractors：Receiving and managing building grounds, preserving land surveying and boundary markets of construction projects, managing construction sites according to regulations； Determining danger sites in construction projects. Carrying out construction activities in accordance with construction contracts, permits (if any) or designs. Promptly notifying investors in case of detecting any discrepancy between design documentation or construction contracts and actual conditions during the construction process. Controlling the quality of construction works on their part according to design requirements and regulations of construction contracts. Quality control records of construction works must accord with the actual time of execution at the construction site.
Suspending construction works, project constituents or items when detecting and correcting any error or defect in the quality or any incident. Ceasing construction works when detecting risks of occupational accidents and incidents causing unsafety at work and taking corrective measures to ensure safety before resuming construction works; overcoming consequences of occupational accidents and incidents causing workplace unsafety that would occur during the construction process.
Conducting the surveying and monitoring or observation of construction works according to design requirements. Conducting tests, simple or complex dynamic test runs according to plans before recommending pre-commissioning tests.
Responsibilities of investors are clearly defined by the Decree：Selecting organizations and individuals fully meeting the prescribed capacity conditions to perform construction works, supervising construction works (if any), conducting construction experiments and assessing the quality of the work ( if any) and performing other construction consulting works; Responsibilities of employees and workers for compliance with requirements concerning safety at construction sites; Management of machinery and equipment subject to strict occupational safety and hygiene requirements; Construction quantity management; Construction progress management; Author’s supervision carried out by design contractors during the construction period; Pre-commissioning tests; Pre-commissioning testing at the construction stage, or of the construction project constituent; Tests of completion of construction items or projects before putting them into operation; Inspection of the pre-commissioning test or commissioning of construction projects.
According to the Decree, Awards for construction quality include: National award for the quality of construction projects; Award for high-quality construction projects and other quality awards. Contractors who win wards for the quality of construction projects specified in Clause 1 of this Article may be granted priority when participating in construction tenders in accordance with the law on bidding. Awards accepted as the basis to consider giving priority to bidders are those that they have won in the period of 3 years preceding the date of submission of application for bids. Investors must include the aforesaid regulations in their invitations to bid.
