Thông tư 10/2021/TT-BXD hướng dẫn Nghị định 06/2021 và Nghị định 44/2016

CIRCULAR

Guiding a number of articles and measures to implement the Government’s Decree No. 06/2021/ND-CP dated January 26, 2021 and the Government’s Decree No. 44/2016/ND-CP dated May 15, 2016

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          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 June 28, 2020;

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;

          Pursuant to the Government’s Decree No. 15/2021/ND-CP dated March 03, 2021, detailing a number of provisions on management of construction investment projects

          Pursuant to the Government’s Decree No. 44/2016/ND-CP dated May 15, 2016 prescribing in details some articles of the Law on Occupational Safety and Sanitation regarding technical inspection of occupational safety, training of occupational safety and sanitation and monitoring of occupational environment; the Government’s Decree No. 140/2018/ND-CP dated October 08, 2018 on amending and supplementing to a number of Decrees related to business conditions and administrative procedures under the management of the Ministry of Labor, War Invalids and Social Affairs;

          Pursuant to the Government’s Decree No. 69/2021/ND-CP dated July 15, 2021, on renovation and reconstruction of condominiums;

          Pursuant to the Government’s Decree No. 81/2017/ND-CP dated July 17, 2017, prescribing functions, tasks, powers and organizational structure of the Ministry of Construction;

At the request of the Director of the State Authority for Construction Quality Inspection;

The Minister of Construction hereby issues the Circular guiding a number of articles and measures to implement the Government’s Decree No. 06/2021/ND-CP dated January 26, 2021 and the Government’s Decree No. 44/2016/ND-CP dated May 15, 2016.

              Article 1. Scope of regulation and subjects of application

This Circular shall prescribe in detail a number of provisions on the management of occupational safety, quality of construction works and maintenance of construction works; shall be applicable to domestic organizations, agencies and individuals and foreign organizations and individuals related to the management of occupational safety, quality of construction works and maintenance of construction works.

Article 2. Management of testing in the course of construction of works

1. Testing in the course of construction of works must comply with regulations prescribed in Article 4, Clause 7, Article 13 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 (hereinafter referred to as the Decree No 06/2021/ND-CP).

2. Construction contractors shall be responsible for considering the design dossier, technical requirements, standards applied to the project, technical instructions and provisions of the construction contract to organize the testing plan. The main content of the testing plan shall include: objects of testing (construction materials, components, structures and equipment), the respective tests and the planned testing time; specialized construction laboratories to be used. Construction contractors shall have the right to request project owners and construction design contractors to provide information, documents and clarify related contents during the planning and organization of the testing.

3. Project owners shall be responsible for reviewing and approving the testing plans submitted by construction contractors. The testing must be carried out in accordance with the testing plan approved by the project owners. In cases where there is any adjustment to the testing plan, it must be approved by the project owners before the implementation.

Article 3. Monitoring of works in the course of construction of works

1. The monitoring of works in the course of construction of works in accordance with regulations in Article 4, Clause 10, Article 13 of the Decree No. 06/2021/ND-CP shall be implemented by construction contractors in the following cases:

a) In accordance with the technical instructions, the construction design having been approved and the construction measures having been approved;

b) When the work shows abnormal signs (for example, the work collapses, slips, subsides, tilts, cracks, etc.) and it is necessary to conduct the monitoring in order to assess and determine the cause and take measures to address these problems or prevent construction problems in the course of construction of works.

2. The monitoring outline shall be established by contractors and submitted to project owners for approval and shall include the following main contents: monitoring objects, scope, parameters, frequency, and time of monitoring; human resources, monitoring equipment; monitoring implementation process; methods of analyzing and processing monitoring data; assessment and conclusion of monitoring results; suggestions, recommendations (if any).

3. Construction contractors shall be responsible for organizing the monitoring and summarizing monitoring results for each cycle in accordance with to the approved monitoring outline. In cases where the monitoring results exceed the allowable design limit or show other abnormal signs affecting the quality and safety of the work, the construction contractors shall be responsible for promptly sending a written report on such results to the project owners, construction design contractors asking for comments and timely handling measures.

4. In cases where the monitoring results obtained by the construction contractors show signs of being dishonest or unreliable, the project owners can choose independent monitoring contractors to perform some necessary monitoring contents in order to re-evaluate the monitoring results. If the independent monitoring results prove errors or violations committed by the construction contractors, such contractors must promptly handle, remedy and pay expenses incurred for independent monitoring.

5. In cases where the project consists of multiple bidding packages or is performed by a number of construction contractors, the project owners and construction contractors may reach a consensus so that one construction contractor shall be responsible for the general monitoring or may select an independent monitoring contractor to perform the monitoring of works.

Article 4. Monitoring of works in the course of operation and use

1. List of civil works, works of manufacturing construction materials and products, light industrial works, technical infrastructure works that must be monitored in the course of operation and use shall be specified in Appendix I to this Circular.

2. The monitoring of works in the course of operation and use shall be prescribed in the maintenance process and shall include the following main contents:

a) Objects of monitoring: the main load-bearing structures of the work (for example: space roof trusses, main bearing frame system, stadium stands, chimneys, silos, etc.);

b) Monitoring parameters (for example: inclined deformation, settlement, cracking, deflection, etc.) and limit values of these parameters; monitoring time; measurement cycle and other necessary contents.

3. General requirements for the monitoring of works in the course of operation and use:

a) Monitoring contractors shall prepare a monitoring outline in accordance with the contents specified in Clause 2 of this Article and submit it to the work owner, manager, user for approval;

b) Monitoring contractors carry out the monitoring in accordance with the approved monitoring outline. The monitoring data must be analyzed and evaluated; the monitoring results must be compared with the allowable design limit values, relevant technical requirements and relevant applicable standards.

In cases where the monitoring data exceeds the allowable design limit value or shows abnormal signs, the owner or manager or user of the work must organize the inspection, assess the causes and take handling and remedial measures in a timely manner.

              Article 5. Construction inspection

1. The procedures for construction inspection:

a) Project owners, the owners or managers, users of the work, provincial-level housing management agencies in accordance with regulations in Article 7 of the Government’s Decree No. 69/2021/ND-CP dated July 15, 2021 prescribing regulations on renovation and reconstruction of condominiums (hereinafter referred to as the Decree No. 69/2021/ND-CP) shall establish and approve the inspection tasks, select construction inspection organizations qualified for and appropriate with the inspection tasks to implement the inspection;

b) The selected construction inspection organization shall prepare the inspection outline and submit to the agencies and organizations specified at Point a of this Clause for approval, implement the inspection in accordance with the approved outline and prepare the written report on the inspection results to submit to the above-stated agencies for review and acceptance in accordance with law regulations.

2. The inspection outline shall include the following main contents:

a) Purpose, requirements, objects and contents of inspection;

b) List of technical requirements and applicable standards;

c) Information on the capacity of the person-in-charge and the individuals performing the inspection; specialized construction laboratories to carry out the inspection (if any);

d) Procedures and methods of inspection;

d) The progress of the inspection;

e) Estimation of inspection costs;

g) Other necessary contents.

3. The written report on the inspection results shall include the following main contents:

a) Grounds for implementing the inspection;

b) General information about the works and objects of inspection;

c) Content and order of inspection;

d) Results of the testing, observation, calculation, analysis and evaluation;

dd) Conclusion on the inspection contents and recommendations (if any).

4. In cases where the inspection is carried out at the request of the agency competent to inspect the acceptance test or the competent state management agency specified at Point d, Clause 2, Article 5, Point dd, Clause 5, Article 33 of the Decree No. 06/2021/ND-CP (hereinafter collectively referred to as the requesting agency), the project owners, the owners or managers, users of the work shall be responsible for submitting the contents of the inspection outline to the requesting agency for review and approval before approving such outline. In this case, the inspection organization must be independent from the project owners, the owners or managers, users of the work and contractors for construction survey, construction design, construction, and supply of materials and equipment, project management and construction supervision.

5. In cases where the inspection and assessment of the quality of the condominiums is carried out in accordance with Article 7 of Decree No. 69/2021/ND-CP, the issuance of the inspection conclusions and notification to the owners of such condominiums shall comply with Clause 2 and Clause 3, Article 8 of the Decree No. 69/2021/ND-CP.

Article 6. Construction assessment

1. The procedures for construction assessment:

a) The competent agencies assuming the prime responsibility in the organization of construction assessment (hereinafter referred to as the assessment agency) shall send a written notification to the project owners, the owner or manager or user of the work about the organization of the assessment with the following main contents: ground for implementation, objects, time, and contents of assessment;

b) Project owners, the owners or managers, users of the work shall be responsible for gathering records, documents and technical data related to the objects of assessment at the request of the assessment agency;

c) The assessment agency shall organize the construction assessment on the basis of relevant dossiers, documents, technical data and the results of the inspection having been conducted (if any). In case of necessity, the inspection agency shall designate a suitable construction inspection organization to carry out the inspection for the assessment;

d) The assessment agency shall notify the assessment conclusion in accordance with the contents specified in Clause 2 of this Article to the involved parties. In case of necessity, the assessment agency shall organize consultations with relevant organizations and individuals on the contents of assessment conclusions.

2. The notification on the assessment conclusion shall include the following main contents:

a) Grounds for assessment;

b) General information about the object of assessment;

c) Assessment contents;

d) Order of organization of assessment;

d) Assessment results;

e) Assignment of responsibilities of relevant organizations and individuals and handling and remedial measures (if any).

Article 7. Management of building materials, products and structures and exported equipment used for construction works

1. Requirements on the type and origin of building materials, products and structures and exported equipment used for construction works (if any) must be stated in the contract between the project owners and construction contractors (or contractors in charge of providing, designing, manufacturing), including the following main information: names of building materials, products, components, and equipment used for construction works; the main technical parameters in accordance with the design requirements; manufacturer; place of manufacture and documents on the proof of origin.

2. The form of the certificate of origin must be agreed upon in the contract mentioned in Clause 1 of this Article and must be consistent with Point b, Clause 5, Article 12 of the Decree No. 06/2021/ND-CP, including include one of the following forms:

a) Certificate of origin in the form of documents or other forms of equivalent legal validity, issued by a competent agency or organization;

b) A self-certificate of origin of goods issued by a manufacturer or trader, clearly stating the manufacturer and place of production or manufacture.

Article 8. Application of information technology in the management of construction of works

1. Project owners and contractors shall be allowed to agree to do the following works:

a) Selecting the application of information technology solutions to manage the construction of works;

b) Use electronic file format for construction work diary, construction work acceptance record and use digital signature on these documents in accordance with law regulations on electricity transactions. When using the record of acceptance of construction work in electronic file format, the acceptance of construction work must still be carried out at the construction site and ensure the compliance with provisions in Article 21 of the Decree No. 06/2021/ND-CP.

2. Project owners and contractors, when performing the contents specified in Clause 1 of this Article, must meet the following requirements:

a) Fully record the contents that need to be managed during the construction process in accordance with law regulations on construction;

b) Ensure the accuracy and truthfulness of relevant records and documents;

c) Clearly show each individual's responsibility for the work such person performs;

d) Comply with law regulations on electronic transactions;

dd) Comply with law regulations on confidentiality and safe storage of electronic records and documents for the work they perform.

3. The dossiers specified at Point b, Clause 1 of this Article shall be components of the work completion dossier as prescribed in Appendix VIb of the Decree No. 06/2021/ND-CP. When necessary or at the request of the competent state agency, these records must be extracted, printed on paper and certified by the project owners.

Article 9. Management of the construction of separate houses

1. The design and construction of separate houses must comply with technical requirements, applicable standards and other relevant regulations promulgated by competent state agencies.

2. Organizations performing the construction design, verification of construction design, construction, supervision of construction of separate houses as prescribed at Points b, c, Clause 2, Point b, Clause 3 of Article 9 of the  Decree No. 06/2021/ND-CP must have the capacity appropriate to the grade of works as prescribed in the Circular prescribing regulations on the decentralization of construction works and application guidelines of such regulations to the management of construction investment activities issued by the Minister of Construction.

3. Separate houses must be granted a construction permit, except for cases where construction permits are exempted in accordance with Article 89 of the Law on Construction dated June 18, 2014 (hereinafter referred to as the Law No. 50/2014/QH13) which is amended and supplemented in Clause 30, Article 1 of 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). Agencies competent to issue construction permits shall be responsible for inspecting the conditions for granting construction permits for separate houses in accordance with law provisions in Article 93 of the Law No. 50/2014/QH13 which is amended and supplemented in Clause 32, Article 1 of the Law No. 62/2020/QH14.

4. The construction of separate houses under the construction investment project, separate houses combined with other civil purposes (for example, commercial, service-providing purposes, etc.) must comply with the law on management of construction investment projects and other relevant law provisions.

5. In cases where the homeowner converts the use of parts or all of the separate houses:

a) If the conversion of use is accompanied by the repair or renovation of the work that is not exempt from the permit prescribed at Point d, Clause 2, Article 89 of the Law No. 50/2014/QH13 which is amended and supplemented in Clause 30, Article 1 of the Law No. 62/2020/QH14, the homeowner must carry out the procedures to be granted a construction permit in accordance with the law. The design and construction of works in such case must comply with technical requirements, applicable standards and be appropriate with the new functions of the works;

b) If the conversion of use is not accompanied by repair or renovation, the homeowner must still comply with the law on fire and prevention and control, the law on environment and other relevant provisions of law (if any).

Article 10. Database on technical inspection of occupational safety

1. Address to access the online software for managing the inspection database (hereinafter referred to as the software):

http://cucgiamdinh.gov.vn/CSDL-kiem-dinh-duoc-cong-bo.aspx

2. The database on technical inspection of occupational safety shall include:

a) Information of organizations which are granted certificates of eligibility for technical inspection of occupational safety, including: name, address, certification registration number of such organization; the list of machines and equipment with strict requirements on occupational safety used in the construction (hereinafter referred to as machines and equipment) within the scope of inspection; the date of issue, the expiry date of the certificate; violations (if any);

b) Information of individuals, who are granted the inspector certificate, including: full name and identification number of the inspector; the list of machines and equipment under the inspection scope; date of issue and expiry date of the inspector certificate; violations (if any);

c) Information of machines and equipment having been inspected of occupational safety which is updated by organizations or individuals into the software in accordance with regulations in Clause 3 of this Article.

3. Organizations and individuals performing the technical inspection of occupational safety shall be responsible for:

a) Using the software to update information of the machines and equipment that have been inspected, including: name, code, manufacturing code, year of manufacture; the name of the organization or individual requesting the inspection; the name of the organization or individual performing the inspection; time, form and results of inspection; time limit for the next inspection;

b) Make reports via the software on the status of inspection activities for machines and equipment under the management of the Ministry of Construction.

Article 11. Professional training, capacity building and examination on the technical inspection of occupational safety

1. Professional training on the technical inspection of occupational safety shall be applied to individuals who have a university degree or higher in a technical field, who have not yet been granted an inspector certificate or who have their inspector certificate revoked.

2. Professional capacity building on the technical inspection of occupational safety is carried out for individuals who are inspectors. The inspectors must participate in training course on the technical inspection of occupational safety at least once within a period of 30 to 36 months from the date of issuance of the inspector certificate.

3. Individuals participating in the technical inspection of occupational safety specified in Clause 1 and Clause 2 of this Article must be tested in accordance with law regulations.

Article 12. Training and capacity building contents on the technical inspection of occupational safety

1. The training contents on the technical inspection of occupational safety shall include the theory part and the practice part which are specified in the training framework program on the technical inspection of occupational safety promulgated by the Ministry of Construction.

2. The contents of professional training for technical inspection of occupational safety shall include: update of legal documents related to technical inspection of occupational safety, national technical requirements, technical inspection of occupational safety, information on the State management of technical inspection of occupational safety in the field of construction; exchange of skills and experience on the technical inspection of occupational safety and other necessary relevant contents.

Article 13. Organization of training, capacity building and examination on the technical inspection of occupational safety

1. The Ministry of Construction shall assign the Department of State Construction Quality Inspection as a specialized agency to organize training, capacity building and examination on the technical inspection of occupational safety.

2. The professional agencies shall be responsible for:

a) Developing and submitting to the Ministry of Construction to prescribe a framework program for training and examination on the technical inspection of occupational safety;

b) Select an organization to implement training and capacity building on the technical inspection of occupational safety. The selected organizations must be organizations that have been granted certificates of eligibility for training in the field of occupational safety and hygiene by competent agencies and have appropriate training and capacity building materials and textbooks in line with the framework program on the technical inspection of occupational safety;

c) Announcing information on organizations conducting training, capacity building and examination on the technical inspection of occupational safety on the website of the Ministry of Construction;

d) Inspecting activities of training, capacity building and examination on the technical inspection of occupational safety.

Article 14. Responsibilities of organizations implementing training, capacity building and examination on the technical inspection of occupational safety

1. Develop training and capacity building materials and course books in accordance with the framework program of technical inspection of occupational safety, in accordance with the characteristics, objects of inspection and the actual requirements.

2. Develop the plan for training, capacity building and examination on the technical inspection of occupational safety which includes the following main contents:

a) Expected time and place to organize training, capacity building courses on the technical inspection of occupational safety; expected number of students;

b) List of lecturers participating in training, capacity building courses on the technical inspection of occupational safety training;

c) Plan to organize examination on the technical inspection of occupational safety after completing the training and capacity building courses.

3. Professional examination on the technical inspection of occupational safety:

a) Students shall be eligible to take part in the examination if they ensure to participate in at least 80% of the prescribed duration of the technical inspection of occupational safety training and capacity building course;

b) The examination contents on the technical inspection of occupational safety shall include the theory part and the practice part. The examination content for capacity building on the occupational safety inspection shall include the theory part related to the training content specified in Clause 2, Article 12 of this Circular and the practice part (if any);

c) The examination results for the training on the technical inspection of occupational safety shall be evaluated on a 100-point scale, in which the theory part accounts for 50 points, the practical part accounts for 50 points. Students shall get satisfactory results when the test scores of each theory and practical part reach 40 points or more;

d) The examination results for the capacity building on the technical inspection of occupational safety shall be evaluated on a 100-point scale. The examination results of the students shall be satisfactory when the test score is 80 points or higher. The examination results for the capacity building on the technical inspection of occupational safety training course shall be one of the grounds for re-granting the inspector certificate when it expires.

4. Ensure adequate facilities and human conditions to host the professional training, capacity building and examination.

5. Collect and use funds for professional training, capacity building and examination on the technical inspection of occupational safety in accordance with law regulations.

6. Maintain records and documents related to the professional training, capacity building courses, examinations on the technical inspection of occupational safety in accordance with law provisions.

7. Issue a certificate of completion of the technical inspection of occupational safety training/capacity building course in accordance with the form specified in Appendix II to this Circular.

Article 15. Expenses for ensuring occupational safety and health

1. The expenses for ensuring occupational safety and health in the construction of works shall include:

a) Expenses for setting up and implementing safety measures;

b) Expenses for occupational safety and health training; expenses for performing technical inspection of occupational safety for machines and equipment; expenses for information and propaganda on occupational safety and health;

c) Expenses for providing personal protective equipment and tools for employees;

d) Expenses for fire and explosion prevention and fighting;

dd) Expenses for prevention and control of dangerous and harmful factors and improvement of working conditions; expenses for organizing risk assessment of occupational safety.

2. Expenses for ensuring occupational safety and health in the construction of works specified in Clause 1 of this Article shall be one content in the indirect expenses in the construction cost of the work construction estimate, which is determined in accordance with the guidelines prescribed in the Circular prescribing in details a number of provisions on the determination and management of the construction investment costs.

Article 16. Expenses for inspection and acceptance of construction works

1. Expenses for inspection and acceptance during the construction process and upon completion of the construction as prescribed in Clause 8, Article 24 of the Decree No. 06/2021/ND-CP shall include:

a) Expenses for inspection by specialized construction agencies, including working-trip expenses as prescribed by the law and other expenses in service of the inspection;

b) Expenses for hiring individuals (experts) invited by specialized construction agencies, including travel expenses, expenses for renting rooms at the working place and expert's wages;

c) Expenses for hiring organizations to participate in the inspection and acceptance of construction works.

2. Expenses for the inspection and acceptance of construction works shall be one component specified in the section of the other expense items and shall be included in the total construction investment amount.

3. The cost estimates specified in Clause 1 of this Article shall be made based on the characteristics and nature of the works; site of work construction; time, number of officers and experts (if any) participating in the inspection and acceptance and the volume of work to be performed. For works using public investment funds or State capital other than public investment funds, the expenses specified at Point c, Clause 1 of this Article must not exceed 20% of the expenses for construction supervision consultancy. The formulation, appraisal and approval of cost estimates for the inspection and acceptance of construction works must comply with Clause 8, Article 24 of the Decree No. 06/2021/ND-CP.

4. Project owners shall be responsible for paying the expenses specified at Point a, Clause 1 of this Article at the end of the inspection. In cases where the construction specialized agency invites organizations, individuals with appropriate capacity to participate in the inspection, the project owners shall sign the contract and conduct payment in accordance with law regulations for the expenses specified at Point b,  Point c, Clause 1 of this Article.

Article 17. Construction safety assessment

1. Organizations qualified to conduct work safety assessment shall be inspection organizations that meet the capability conditions specified in Clause 1, Article 97 of the Government’s Decree No. 15/2021/ND-CP dated March 3, 2021 prescribing in details a number of provisions on the management of construction investment projects (hereinafter referred to as the Decree No. 15/2021/ND-CP). The scope of such organizations shall be the same as that of inspection organizations specified in Clause 2, Article 97 of the Decree No. 15/2021/ND-CP.

2. The safety assessment of construction works shall be carried out in accordance with the procedures issued by the Ministry of Construction.

3. The time and frequency of construction safety assessment shall be specified as follows:

a) The time of the first construction safety assessment shall be carried out after 10 years from the date of putting the work into operation and use in accordance with the provisions of law;

b) For the next assessment, the safety assessment of the works shall be carried out at the frequency of every 5 years.

4. The list of works whose results of the safety assessment must be considered and consulted by the competent agencies shall be specified in Appendix III to this Circular.

5. After receiving the report on the construction safety assessment results, the competent state agencies specified in Clause 4, Article 39 of the Decree No. 06/2021/ND-CP shall be responsible for:

a) Checking the capacity conditions of organizations and individuals participating in the construction safety assessment;

b) Checking the compliance with the law on construction safety assessment, including: the application of technical requirements, standards, construction safety assessment process; content, order, object and time of construction safety assessment; results of construction safety assessment and other relevant regulations (if any);

c) Giving opinions on the results of the safety assessment of the works in accordance with Clause 3, Article 39 of the Decree No. 06/2021/ND-CP.

Article 18. Expenses for construction safety assessment

The expenses for construction safety assessment shall a component of the expenses for consulting services for the maintenance of construction works, which includes:

1. Expenses for surveying and making dossiers on the current state of the works (if any).

2. Expenses for construction safety assessment.

3. Expenses for hiring organizations to verify the construction safety assessment outline, expenses for hiring a supervision consulting organization to perform the work safety assessment (if any).

4. Other relevant expenses.

Article 19. Announcement of construction works with expired design lifetime

1. The owners or managers, users of the works shall make and send written reports in accordance with Clause 2, Article 41 of the Decree No. 06/2021/ND-CP. The written report shall include the following main contents: project name; building site; type and grade of works; name and address of the owner or manager, user of the work; the main technical parameters of the work; the time duration of the work according to the design and the date of expiry of the work; proposed treatment plan for the work after the expiry date.

2. Competent state agencies specified in Clause 4, Article 39 of the Decree No. 06/2021/ND-CP shall be responsible for performing the following tasks:

a) Examine the suitability and accuracy of the contents of the report;

b) Announce the expired works within their management scope in the list on the website, including the following main contents: name of the project; building site; type and grade of works; name and address of the owner or manager, user of the work; the main technical parameters of the work; the time duration of the work according to the design and the date of expiry of the work; requirements on the demolition of the work and time for carrying out demolition work as prescribed in Article 42 of the Decree No. 06/2021/ND-CP in cases where the owner or manager, user of the work does not have the need for further use.

Article 20. Transitional provisions

1. For works that have been put into operation and use in accordance with the law for more than 8 years from the date on which this Circular takes effect, the owner or manager, user of the work shall be responsible for organizing the assessment of construction safety for the first time within 24 months from the date on which this Circular takes effect. For the remaining works, the time of the first construction safety assessment shall comply with Point a, Clause 3, Article 17 of this Circular.

2. For construction works started before the date on which the Decree No. 06/2021/ND-CP takes effect and are subject to inspection and acceptance in accordance with the Decree No. 06/2021/ND-CP and the Decree No. 46/2015/ND-CP dated May 12, 2015 of the Government on quality management and maintenance of construction works, the competence to inspect the acceptance shall comply with the Decree No. 46/2015/ND -CP dated May 12, 2015 of the Government on quality management and maintenance of construction works.

Article 21. Effect

1. This Circular takes effect from October 15, 2021 and replaces the Circular No. 26/2016/TT-BXD dated October 26, 2016 of the Minister of Construction prescribing in details a number of provisions on the quality management and maintenance of construction works; the Circular No. 04/2019/TT-BXD dated August 16, 2019 of the Minister of Construction amending and supplementing a number of contents of the Circular No. 26/2016/TT-BXD dated October 26, 2016 of the Minister of Construction prescribing in details a number of provisions on the quality management and maintenance of construction works; the Circular No. 04/2017/TT-BXD dated March 30, 2017 of the Minister of Construction prescribing regulations on the management of occupational safety in the construction of works; the Circular No. 03/2019/TT-BXD dated July 30, 2019 of the Minister of Construction amending and supplementing a number of articles of the Circular No. 04/2017/TT-BXD dated March 30, 2017 of the Minister of Construction prescribing regulations on the management of occupational safety in the construction of works.

2. Any problems arising in the course of implementation should be promptly reported to the Ministry of Construction for consideration and settlement./.

For the Minister

The Deputy Minister

Le Quang Hung