THE PRIME MINISTER
THE SOCIALIST REPUBLIC OF VIETNAM
Independence - Freedom - Happiness
Hanoi, March 31, 2021
On the establishment of the State Examination Council for pre-acceptance test of construction works
THE PRIME MINISTER
Pursuant to the Law on Organization of the Government dated June 19, 2015; the Law dated November 22, 2019, Amending and Supplementing a Number of Articles of the Law on Organization of the Government and the Law on Organization of Local Administration;
Pursuant to the Law on Construction dated June 18, 2014 (hereinafter referred to as Law No. 50/2014/QH13); the Law Amending and Supplementing a Number of Articles of the Law on Construction dated June 17, 2020 (hereinafter referred to as Law No. 62/2020/QH14);
Pursuant to 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;
At the proposal of the Minister of Construction,
Article 1. To establish the State Examination Council for pre-acceptance test of construction works (hereinafter referred to as the Council for short) to examine the pre-acceptance test specified at Point a, Clause 4, Article 123 of Law No. 50/2014/QH13 which was amended and supplemented under Clause 45, Article 1 of Law No. 62/2020/QH14, and at Point a, Clause 2, Article 24 of Decree No. 06/2021/ND-CP dated January 26, 2021 of the Government detailing a number of provisions on quality management, construction and maintenance of construction works.
Article 2. Duties and powers of the Council
a) Examining the pre-acceptance test on a periodic or unscheduled basis in the course of construction; at important transitional construction stages and before the completed construction items and works are put into operation and use in accordance with Article 6 of this Decision;
b) Making annual reports to the Prime Minister on the task performance results of the Council, the construction process, the quality management of construction works; making unscheduled reports on arising technical problems, difficulties, problems, and inadequacies beyond their competence, which require the directions of the Prime Minister;
c) Annually proposing a list of construction works subject to examination of pre-acceptance test by the Council to the Prime Minister for approval;
d) Promulgating working regulations to serve as a basis for performing the tasks of the Council as well as the organizations and individuals assisting the Council;
d) Performing other tasks assigned by the Prime Minister.
a) Requesting project owners, contractors, relevant agencies and organizations to make reports as well as provide information and documents to serve the Council's operation;
b) Assuming the prime responsibility for solving existing problems or handling arising technical problems detected by the Council in the course of examination, or requesting the project owners, relevant agencies, and organizations to do so;
c) Requesting the project owners to suspend construction activities of construction contractors when it detects that the construction quality fails to meet technical requirements, or construction measures are unsafe, thus being likely to cause incidents in construction works; stopping relevant individuals who do not meet the practice conditions as prescribed from participating in construction activities;
d) Advising competent agencies to handle organizations and individuals that violate the law provisions on investment and construction activities;
dd) Requesting the project owners to select domestic and foreign organizations and individuals with the expertise, experience and capacity as prescribed by the law provisions to carry out consultancy jobs, solve arising technical problems or examining the quality of the works.
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