Thông tư 04/2016/TT-BXD Giải thưởng về chất lượng công trình xây dựng

THE MINISTRY OF CONSTRUCTION

Circular No. 04/2016/TT-BXD dated March 10, 2016 of the Ministry of Construction onregulations on construction quality awards

Pursuant to the Government’s Decree No. 62/2013/NĐ-CP dated June 25, 2013 defining the functions, tasks, entitlements and organizational structure of the Ministry of Construction;

Pursuant to the Government’s Decree No. 46/2015/NĐ-CP dated May 12, 2015 regarding quality management and maintenance of construction works;

Pursuant to the Government’s Decree No. 59/2015/NĐ-CP dated June 18, 2015 on construction investment project management;

At the request of general director of Construction Quality Inspectorate,

The Minister of Construction promulgates the Circular providing for construction quality awards.

Chapter I

GENERAL PROVISIONS

Article 1. Scope of adjustment andsubject of application

1. Scope of adjustment

This Circular provides instructions on requirements, criteria, sequence and procedures for registration and reviews of awards on construction quality as prescribed in Point b, Clause 1, Article 9 of the Decree No. 46/2015/NĐ-CP including:

a) High-quality construction awards;

b) Awards for high-quality construction procurements;

2. Subject of application

a) Organizations, individuals that own construction works and construction procurements;

b) Organizations and individuals involved in activities of organizing construction quality awards.

3. Construction associations

4. National awards for construction quality shall be organized under the Prime Minister’s decision.

Article 2. Requirements for construction works participating in high-quality construction awards

1. Civil, industrial, traffic, agriculture and rural development, technical infrastructure construction works from Grade III and over that are built on the territory of Vietnam;

2. Construction works that have been completed and put into operation according to laws no later than three years up to the time of registration for awards.

3. Construction works that are not in violation of regulations on construction investment, land, bidding, labor safety, environmental protection, fire safety and other relevant law provisions;

4. Registration of national defense and security – related construction works should be approved by the Ministry of National Defense and the Ministry of Public Security.

Article 3. Requirements for construction procurements participating in high-quality construction package awards

1. Procurements that belong to the works meeting requirements as prescribed in Article 2 hereof;

2. Types and value of construction procurements meeting requirements in Annex I enclosed hereof;

Article 4. Principles in review of awards and time or organization

1. Ensure public disclosure, objectiveness and fairness on the basis of criteria as prescribed hereof;

2. For EPC or general construction contract-based procurements, value shall not be asked but the works should meet requirements as prescribed in Article 2 hereof.  Registration and reviews of awards shall be carried out for the entire EPC contract package.

Article 5. Manner and participants

1. For high-quality construction awards:

a) Participants in award competition include investors, main contractors for engineering, main contractors for construction, contractors for construction supervision that have received certificates of high-quality construction awards.

b) Participants that have won awards for three consecutive years or have had three at least three works which have won high-quality construction awards in a year shall be recognized for presentation of high-quality flag.

2. For high-quality construction package awards:

a) Contractors that have procurements winning high-quality gold medals and certificates of high-quality construction package awards;

b) To be reviewed for presentation of high-quality flags, contractors should meet following requirements: Have at least five construction procurements that win high-quality construction package awards in a year or have at least five awards for high-quality construction works and awards for high-quality construction procurements in a year;

Article 6. Benefits for organizations, individuals awarded for construction quality

1. Receive favor during bidder selection process in the area of construction, as follows:

a) Bids submitted shall have more favor in terms of technical evaluation based on grading approach or have more favor in terms of technical evaluation based on ‘satisfactory’ or ‘unsatisfactory’ criteria as prescribed in the Ministry of Planning and Investment’s Circular No. 03/2015/TT-BKHĐT. Awards as foundations for evaluation of bids should be the awards won for no later than three years up to the time of submission of bids for the construction works or similar procurements;

b) For construction design and supervision bidders, the investor shall apply provisions set out in Point a, Clause 1 of this Article to review and prioritize selection of bids submitted for the works or similar procurements.

2. Be reviewed for contract awards according to laws;

3. Be published on mass media and websites of the Ministry of Construction, construction regulatory agencies and the Services of Construction in localities as foundations for evaluation of qualifications as prescribed in Clause 1 of this Article during bidder selection process.

4. Be presented awards and honored at award ceremonies.

5. Be entitled to use logo of the award in business and marketing activities.

6. Organizations and individuals that have several achievements during participation in construction quality awards shall be reviewed and proposed for awards according to laws on emulation and commendation.

7. Be entitled to other benefits as prescribed.

Article 7. Authorities to organize construction quality award competitions

1. The Ministry of Construction shall preside over and cooperate with ministries, sectors and localities, professional associations in organizing construction quality award competitions.

2. Construction Quality Inspectorate and the Ministry of Construction are the standing agency for organizing construction quality award competition (Standing Agency).

3. The Minister of Construction shall decide the establishment of Award Review Council (the Council) at the request of the Standing Agency including:

a) Chairman of the Council: Deputy Minister of Construction;

b) Vice Chairman of the Council: General director of Construction Quality Inspectorate, the Ministry of Construction;

c) Executives of the Council: Leaders of construction authorities under the Ministry of Construction and other construction regulatory agencies; representatives of Vietnam Trade Union in construction; representatives of construction associations and relevant agencies at the request of the Standing Agency.

4. The Council shall be responsible for organizing reviews for high-quality construction awards and high-quality construction package awards. The Standing Agency shall play a role as an assistant to the Council in activities of award reviews.

5. Chairman of the Council shall enact Regulation on Operation of the Council.

Article 8. Budgets for organization of construction quality award competitions

1. Sources of budgets for organization of construction quality award competitions include:

a) Expenditures from state budget allocated in the Ministry of Construction’s recurrent expenditure estimates (expenditures for public services);

b) Receipts as aids, grants from organizations, enterprises and individuals at home and abroad; other receipts (if any) in accordance with laws;

2. Expenses for organization of construction quality award competitions include:

a) Expenses for activities performed by the Council, Standing Agency and expert assistants to the Council: Remunerations, over-time work pay, meetings, documents, office supplies, stationery…;

b) Expenses for on-site inspection and evaluation of the works: Travels, accommodations, stay allowances;

c) Expenses for awards: Medals, certificates, high-quality flags, and other relevant printed matters;

d) Expenses for organization and announcement of awards: Media release, rent of venues, organization of honor and presentation ceremonies;

dd) Other expenses.

3. Management and use of expenditures for organization of construction quality award competitions are implemented in accordance with laws and instructions on current financial management;

Article 9. Handling of acts in violation of organization of construction quality award competitions

1. Organizations, individuals detected or complained about violations during the award competition shall be reviewed by the Council for award revocation depending on degree of severity. Acts in violation include:

a) Falsify proposals submitted to competent authorities for receipt of nomination;

b) Take advantages of presented awards to commit violations.

2. Sequence, procedures for award revocation consideration:

a) The Council shall appoint the Inspectorate to perform inspection and verification of organizations and individuals detected or complained about violations;

b) Based on degree of severity, the Council shall make request to the Minister of Construction for reviews and revocation of awards.

3. Revocation shall be published on websites of the Ministry of Construction, construction regulatory agencies and the Services of Construction in localities.

Chapter II

HIGH-QUALITY CONSTRUCTION AWARDS

Article 10. Criteria of evaluation of high-quality construction works

1. Construction works for awards shall be evaluated through the grading method with a maximum of 100 points based on following criteria:

a) Quality;

b) Construction safety, fire safety and environmental hygiene;

c) Quality management tasks performed by participants in the construction;

d) Progress;

dd) Application of new technologies, materials and scientific and technical advances to construction;

e) Evaluation by the investor or management units;

e) Other awards for architecture and construction.

2. Details and grading of each criterion are prescribed in Annex II enclosed herewith.

3. To win high-quality construction awards, the works should gain at least 75 points, and at least 40 points as the number of points as prescribed in Point a, Clause 1 of this Article.

4. The works that win high-quality construction awards with at least 85 points shall be nominated for National Award for Construction Quality according to the Prime Minister’s Decision.

Article 11. Sequence, procedures for high-quality construction awards

1. Registration:

a) Investors, representatives of investors, main contractors, general contractors (as agreed by the investor) should submit two sets of application for registration (herein ‘ applications’) before October 30 annually. Any application submitted after the time above shall be reviewed in the following year. Submission of applications since ground-breaking is encouraged;

b) Contents of applications are instructed in Annex III enclosed herewith;

c) Form of Registration for high-quality construction awards is instructed in Form No. 1, Annex IV enclosed herewith;

d) Manner of registration: Applications may be submitted in person or by post to the Standing Agency, and the sheet of Registration for awards shall be sent to the Services of Construction where the works is situated.

dd) Lists of construction works registered for awards shall be published on the Ministry of Construction s website for collection of suggestions from communities.

2. Award review process:

a) Inspection of applications: The Standing Agency shall carry out preliminary examination of quantity and quality of applications and request adjustments if applications are found inadequate or incorrect.

b) Evaluation of applications: The Standing Agency shall cooperate with other experts in performing evaluation of applications;

c) On-site evaluation: The Standing Agency shall appoint an evaluation team including members of the Council, representatives of the Standing Agency, experts, representatives of the Services of Construction, local construction regulatory bodies to perform on-site evaluation. The evaluation team shall grade the works on the basis of results of physical verification and evaluation by construction authorities during the inspection of work acceptance;

d) Make a list of works proposed for awards: Based on results of application-based evaluations and on-site evaluations, the Standing Agency shall make a list of the works meeting evaluation criteria and submit it to the Council;

dd) Organization of award reviews: The Council shall review and verify the evaluation documentation on the basis of proposals made by the Standing Agency and make the submission to the Minister of Construction for decisions on the list of award—winning works.

Article 12. Announcement and presentation of construction quality awards

1. The list of the works winning high-quality construction awards and subjects involved in the construction shall be published on the website of the Ministry of Construction, construction regulatory agencies and the Services of Construction.

2. The Standing Agency shall organize announcement and presentation of high-quality construction awards to awarded entities.

3. Depending on actual conditions, the announcement and presentation of awards may be organized at an appropriate time on the basis of requests from the awarded entities and the Standing Agency.

Chapter III

HIGH-QUALITY CONSTRUCTION PACKAGE AWARDS

Article 13. Criteria of evaluation of high-quality construction procurements

1. Construction procurements for awards shall be evaluated through the grading method with a maximum of 100 points based on the criteria as prescribed in Clauses 2, 3 and 4 of this Article. Winning procurements are the procurements that gain at least 75 points.

2. Criteria for evaluation of the construction procurements are instructed in Annex V enclosed herewith.

3. Criteria for evaluation of design consulting procurements are instructed in Annex I enclosed herewith.

4. Criteria for evaluation of supervision consulting procurements are instructed in Annex VII enclosed herewith.

5. Evaluation of EPC contract or general construction contract-based procurements shall be based on compilation of results of evaluation of procurements in the general construction contract on the basis of the criteria as prescribed in Annexes V, VI, VII of this Circular.

Article 14. Sequence, procedures for high-quality construction package awards

1. Registration:

a) The contractor shall submit two sets of application before October 30 annually. Any application submitted after the time above shall be reviewed in the following year.

b) Contents of applications are instructed in Annexes III enclosed herewith;

c) Form of registration for high-quality construction awards is instructed in Form No. 2, Annex IV enclosed herewith;

d) Manner of registration: Applications may be submitted in person or by post to the Standing Agency, and the Form of Registration for awards shall be sent to the Services of Construction where the works is situated.

dd) Lists of construction procurements registered for awards shall be published on the Ministry of Construction s website for collection of suggestions from communities.

2. Evaluation process:

a) Inspection of applications: The Standing Agency shall carry out preliminary examination of quantity and quality of applications and request adjustments if applications are found inadequate or incorrect.

b) Evaluation of applications: The Standing Agency shall cooperate with other experts in performing evaluation of applications;

c) On-site evaluation: The Standing Agency shall appoint an evaluation team including members of the Council, representatives of the Standing Agency, experts, representatives of the Services of Construction, local construction regulatory bodies to perform on-site assessment of the works. The evaluation team shall grade the procurements on the basis of results of physical verification and evaluation by construction authorities during the inspection of work acceptance;

d) Make a list of procurements proposed for awards: Based on results of application-based assessments and on-site evaluation, the Standing Agency shall make a list of the procurements meeting evaluation criteria and submit it to the Council;

dd) Organization of award reviews: The Council shall review and verify the evaluation documentation on the basis of proposals made by the Standing Agency and make the submission to the Minister of Construction for decisions on the list of award—winning procurements.

Article 15. Announcement and presentation of high-quality construction package quality awards

1. The list of winning procurements and relevant contractors shall be published on websites of the Ministry of Construction, construction regulatory agencies and the Services of Construction.

2. The Standing Agency shall organize announcement and presentation of high-quality construction package awards at the same time as presentation of yearly high-quality construction awards.

3. Depending on actual conditions, the announcement and presentation of awards may be organized at an appropriate time on the basis of requests from the awarded contractors and the Standing Agency.

Chapter IV

IMPLEMENTARY PROVISIONS

Article 16. Transitional provisions

1. Applications formulated under the Ministry of Construction’s Circular No. 12/2013/TT-BXD dated July 29, 2013 and submitted before the effective date of this Circular shall remain under review without re-registration. On-site evaluation and award reviews are instructed in this Circular.

2. Works that have been registered and evaluated on-site before the effective date of this Circular shall remain under review without re-registration. Award reviews are instructed in this Circular.

Article 17. Effect

This Circular takes effect since May 15, 2016 and supersedes provisions on high-quality construction awards as prescribed in Circular No. 12/2013/TT-BXD and Circular No. 09/2014/TT-BXD on amendments and supplements to a number of articles of the Government’s Decree No. 15/2013/NĐ-CP dated February 02, 2013.

Difficulties that arise during the implementation of this Circular should be reported to the Ministry of Construction for consideration./.

ANNEX I

TYPES AND VALUE OF CONSTRUCTION PROCUREMENTS FOR HIGH-QUALITY CONSTRUCTION AWARDS

(Enclosed with the Ministry of Finance’s Circular No. 04/2016/TT-BXD dated March 10, 2016)

Notes:- For other special procurements, contractors may send proposals to the Standing Agency for forwarding to the Council for decisions.

- In case a package involves several contractors, the contractor eligible for participation should undertake more than two-thirds of the package s value.

ANNEX II

BAND SCORE TABLE OF EVALUATION CRITERIA FOR HIGH-QUALITY CONSTRUCTION AWARDS

(Enclosed with the Circular No.04/2016/TT-BXD)