Thông tư 174/2021/TT-BQP hướng dẫn một số nội dung tại Nghị định 06/2021/NĐ-CP

CIRCULAR

Detailing and guiding the implementation of certain provisions in the Government’s Decree No. 06/2021/ND-CP dated January 26, 2021, on quality management, construction and maintenance of construction works in the Ministry of National Defence

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

Pursuant to the Government’s Decree No. 164/2017/ND-CP dated December 30, 2017, defining the functions, tasks, powers, and organizational structure of the Ministry of National Defence;

At the proposal of the Chairperson of the General Department of Logistics;

The Minister of National Defence issues a Circular detailing and guiding the implementation of certain provisions in the Government’s Decree No. 06/2021/ND-CP dated January 26, 2021, on quality management, construction and maintenance of construction works in the Ministry of National Defence.

Chapter I

GENERAL PROVISIONS

Article 1. Scope of regulation

1. This Circular details and guides the implementation of certain provisions in Decree No. 06/2021/ND-CP dated January 26, 2021, by the Government on quality management, construction and maintenance of construction works (hereinafter referred to as Decree No. 06/2021/ND-CP) concerning defense-related construction investment projects decided or authorized for investment by the Minister of National Defence.

2. The quality management, construction and maintenance of combat works shall be carried out in accordance with the Regulations on Construction of Combat Works issued together with Circular No. 63/2018/TT-BQP dated May 11, 2018, by the Minister of National Defence (hereinafter referred to as the Regulations on Construction of Combat Works) and the guidelines for maintenance of combat works accompanying Decision No. 2329/QD-TM dated September 29, 2021, by the Chief of General Staff.

Article 2. Subjects of application

This Circular applies to agencies, units, organizations, and individuals involved in the quality management, construction and maintenance of construction works for defense investment projects decided or authorized for investment by the Minister of National Defence.

Article 3. Delineation of responsibilities, powers, and obligations among subjects in the management and execution of construction works

The delineation of responsibilities, powers, and obligations among subjects in the management and execution of construction works as stipulated in Article 7 of Decree No. 06/2021/ND-CP in the Ministry of National Defence is implemented as follows:

1. Subjects directly involved in construction activities include:

a) Project owners and their representatives (if any);

b) Construction contractors;

c) Suppliers of construction products, materials, components, and installation equipment;

d) Consulting contractors including: survey, design, project management, supervision, testing, inspection, and other construction consulting contractors.

2. The project owner shall have full responsibility, powers, and obligations as stipulated in Clauses 5, 6, 7, 8 of Article 7 and Article 14 of Decree No. 06/2021/ND-CP and the provisions of Chapter II of this Circular.

3. Contractors specified at Points b, c, d of Clause 1 of this Article, when participating in construction activities, must fully meet the capacity conditions as prescribed by the construction law; and are directly and comprehensively responsible for the quality and safety of the work they perform as stipulated in Clauses 2, 3, 4 of Article 7 and Articles 12, 13, 19, 20 of Decree No. 06/2021/ND-CP.

4. The powers, obligations, and delineation of responsibilities of the subjects specified in Clause 1 of this Article must be specifically stated in the contract and in accordance with relevant legal regulations.

Article 4. Classification, grading, and grouping of construction works

Classification, grading, and grouping of construction works according to the regulations in Article 3 of Decree No. 06/2021/ND-CP for defense purposes are implemented as follows:

1. Classification of defense-related construction works

a) Combat constructions are defense works directly serving combat missions, border defense tasks, land, air, sea, and island defense to protect the nation, built either separately or structured into battle positions, posts, bases, base clusters, defense areas, command centers at various levels, and strategic areas. The classification of combat constructions is carried out in accordance with the provisions of Article 4 of the Regulations on Construction of Combat Works.

b) Shooting ranges and training grounds are constructions invested to serve the training and combat readiness missions of the Army and the militia and self-defense forces managed by the Ministry of National Defence. The classification of shooting ranges and training grounds is carried out in accordance with Articles 6 and 7 of the Regulation on Investment Management and Operation, Use of Shooting Ranges, and Training Grounds System issued together with Circular No. 28/2021/TT-BQP dated March 1, 2021, by the Minister of National Defence (hereinafter referred to as the Regulation on Investment Management and Operation, Use of Shooting Ranges, and Training Grounds).

c) General constructions are either independent constructions or a complex of constructions in the form of civil, industrial, technical infrastructure, transportation, agricultural and rural development works that are of a general nature serving the purposes of working, studying, living, training, manufacturing, conditioning, and other tasks of the troops not included in Points a and b of this Clause. The classification of general constructions is specified in Appendix I issued with this Circular.

2. Grading and grouping of defense-related construction works used in managing construction investment activities in the Ministry of National Defence, specifically as follows:

a) The group of combat constructions is determined in accordance with Article 5 of the Regulations on Construction of Combat Works.

b) The group of shooting ranges and training grounds is determined in accordance with Article 8 of the Regulation on Investment Management and Operation, Use of Shooting Ranges, and Training Grounds.

c) The grade of general constructions is determined according to the guidelines in Circular No. 06/2021/TT-BXD dated June 30, 2021, by the Minister of Construction regulating the grading of constructions and guidelines for its application in managing construction investment activities (hereinafter referred to as Circular No. 06/2021/TT-BXD) and Appendix II issued with this Circular.

Article 5. Application of construction classification in managing investment activities in the ministry of national defence

1. The construction classification stipulated in this Circular is applied as the basis for managing investment construction activities within the Ministry of National Defence, as follows:

a) Determining the authority to assess design after basic design; inspecting acceptance during construction and upon completion of construction;

b) Determining constructions for architectural design competition as stipulated in Clause 2 of Article 17 of the Architecture Law;

c) Identifying constructions that require specific technical guidelines;

d) Determining the charge of performing annual maintenance work on constructions;

dd) Identifying constructions that require maintenance procedures;

e) Identifying constructions that significantly affect safety and community benefits;

g) Identifying constructions that require mandatory professional liability insurance;

h) Determining constructions that require periodic safety evaluations during use;

i) Classifying construction incidents and determining the authority to resolve construction incidents;

k) Authority for construction assessment;

l) Managing investment charges in construction;

m) Determining the terms and amounts for construction warranties;

n) Other contents as prescribed by the law on managing investment construction activities.

2. Application of construction classification to manage investment construction activities is stipulated at Point a of Clause 1 of this Article as follows:

a) In the case of investment construction projects with a single main independent construction: The construction class is determined according to the stipulations in Appendix II of this Circular and Clause 2 of Article 2 of Circular No. 06/2021/TT-BXD;

b) In the case of investment construction projects comprising several main independent constructions or constructed in a line (comprising several constructions arranged consecutively in a line): The highest class of the main construction is applied, as determined by the provisions in Appendix II of this Circular and Clause 2 of Article 2 of Circular No. 06/2021/TT-BXD;

c) In the case of investment construction projects involving a complex of main constructions or a main technological line comprising several components: The construction class is applied according to the highest class of the main construction (belonging to the complex of constructions or technological line), as determined by the provisions in Appendix II of this Circular and Clause 3 of Article 2 of Circular No. 06/2021/TT-BXD;

d) In the case of investment construction projects with several complexes of main constructions, several main technological lines, or a mixture: The highest class of the complex of main constructions or technological line is applied, as determined by the provisions in Appendix II of this Circular and Clause 3 of Article 2 of Circular No. 06/2021/TT-BXD.

3. Principles of applying construction classification for managing investment construction activities are stipulated from Point b to Point n of Clause 1 of this Article as follows:

a) In the case of the scope of implementation for a single independent construction, the construction class is applied as determined by Appendix II of this Circular and Clause 2 Article 2 of Circular No. 06/2021/TT-BXD for that construction;

b) In the case of the scope of implementation for several constructions within an investment construction project, the construction class is applied as determined by Appendix II of this Circular and Clause 2 Article 2 of Circular No. 06/2021/TT-BXD for each considered construction;

c) In the case of the scope of implementation for an entire complex of constructions or an entire technological line comprising several components, the construction class is applied as determined by the provisions in Appendix II of this Circular and Clause 3 Article 2 of Circular No. 06/2021/TT-BXD. In the case of investment construction projects constructed in a line, it is implemented according to Point d of this Clause;

d) In the case of the scope of implementation for one construction, several constructions, or all constructions within an investment construction project constructed in a line, the construction class is applied as determined by the provisions in Appendix II of this Circular and Clause 2 Article 2 of Circular No. 06/2021/TT-BXD for each construction in the line.

Chapter II

QUALITY MANAGEMENT, CONSTRUCTION AND MAINTENANCE OF CONSTRUCTION WORKS

Section 1. SURVEYING AND DESIGN OF CONSTRUCTION WORKS

Article 6. Management of construction surveys

1. Content related to the quality management of construction surveys includes:

a) Development and approval of the construction survey tasks;

b) Development and approval of the technical plan for construction surveys;

c) Conducting construction surveys;

d) Acceptance and approval of construction survey results;

dd) Management of construction survey activities.

2. The contents of Points a, b, c, d, and dd of Clause 1 of this Article shall be implemented in accordance with Articles 26, 27, 28, 29, and 30 of the Government’s Decree No. 15/2021/ND-CP dated March 3, 2021, detailing a number of provisions on management of construction investment projects (hereinafter referred to as Decree No. 15/2021/ND-CP).

Article 7. Management of construction design

1. Content related to the management of construction design includes:

a) Construction design phases;

b) Construction design tasks;

c) Specifications for construction design documents;

d) Management of construction design activities;

dd) Review and approval of detailed construction design following the preliminary design.

2. The contents of Points a, b, c, d, and dd Clause 1 of this Article shall be implemented in accordance with Articles 31, 32, 33, 34 of Decree No. 15/2021/ND-CP and Circular No. 106/2021/TT-BQP dated August 6, 2021, by the Minister of National Defence, regarding the review and approval of detailed construction design following the preliminary design within the Ministry of National Defence.

Section 2. MANAGEMENT OF CONSTRUCTION OF WORKS, CARRYING OUT AND EXAMINING ACCEPTANCE TEST OF CONSTRUCTION WORKS, MAKING AND RETENTION OF AS-BUILT DOCUMENTS OF CONSTRUCTION WORKS

Article 8. Management of construction of works

1. Content related to the management of construction of works includes:

a) Quality management of construction of works;

b) Schedule management of construction of works;

c) Volume management of construction of works;

d) Management of labor safety and environmental condition during construction of works;

dd) Management of investment charges during construction of works;

e) Management of other contents as specified by the construction contract.

2. The contents of Points a, b, c, d, dd and e Clause 1 of this Article shall be implemented according to the provisions from Articles 10 to 27 of Decree No. 06/2021/ND-CP and Article 12 of the Government’s Decree No. 10/2021/ND-CP dated February 9, 2021, on the management of construction investment costs during construction of works.

Article 9. Acceptance tests of construction works

1. Acceptance tests of construction works include:

a) Acceptance of construction tasks;

b) Acceptance of construction phases or components of the construction work;

c) Final acceptance of the construction work or facility prior to its use.

2. The contents of Points a, b, and c Clause 1 of this Article shall be implemented in accordance with Articles 21, 22, and 23 of Decree No. 06/2021/ND-CP.

3. Conditional acceptance or partial acceptance of construction works shall be carried out according to Clause 2 Article 23 of Decree No. 06/2021/ND-CP, specifically as follows:

a) The investor may decide to organize conditional acceptance to temporarily utilize a construction work or facility if the basic construction of works has been completed according to design requirements, but there are some remaining quality issues that do not affect the structural integrity, lifespan, or functionality of the construction and ensure the construction is safe to operate and complies with relevant legal regulations. The acceptance results are confirmed by a record, which must clearly state the quality issues that need to be addressed or the construction tasks that need to continue, along with the timeline for completing these items, and any requirements regarding the limited scope of use of the construction (if any). The investor organizes the final acceptance of the construction after the quality issues have been resolved or the remaining construction tasks have been completed;

b) In cases where a part of the construction work has been completed and meets the conditions specified in Clause 1 Article 23 of Decree No. 06/2021/ND-CP, the investor may decide to organize acceptance of this part of the construction work for temporary operation. The acceptance results are confirmed by a record, which must clearly state the part of the construction subjected to acceptance. The investor is responsible for continuing the construction and acceptance for the remaining parts and items of the construction as per the design; the ongoing construction must ensure safety and not affect the normal operation of the part of the construction that has been accepted; organize the final acceptance of the construction after the remaining parts and items of the construction as per the design have been completed.

4. In cases where the construction has been completed but some key technical parameters do not meet the design requirements and are not or are not yet eligible for final acceptance or conditional acceptance as stipulated in Clause 1 and Clause 2 Article 23 of Decree No. 06/2021/ND-CP, the handling is carried out as follows:

a) The investor together with the contractors must clarify the technical parameters that do not meet the design requirements; determine the responsibility of related organizations and individuals and handle violations as specified in the construction contract;

b) Putting the construction into operation and use in this case is only considered for traffic constructions and constructions providing essential technical infrastructure utilities serving community interests based on redefining the technical parameters, the conditions for operation and use, and must be reviewed by the competent construction authorities as per relevant legal regulations and must be approved by the investment decision-maker.

5. Completed construction works or facilities are only allowed to be put into use and settle construction contracts after receiving written approval of the acceptance results from the competent construction authorities.

Article 10. Examining acceptance test of construction works

Inspection of construction acceptance work is carried out in accordance with Article 24 of Decree No. 06/2021/ND-CP, as follows:

1. Specialized construction agencies

a) The specialized construction agency of the Ministry of National Defence is the Barracks Department/General Department of Logistics which inspects constructions within projects decided by the Minister of National Defence; shooting ranges and training grounds decided by the Chief of General Staff;

b) Specialized construction agencies of agencies and units under the Ministry of National Defence are the Logistics Department or the assigned construction management agency (hereinafter referred to as the specialized construction agency of the agency, unit) which inspects constructions within projects decided by delegation from the Minister of National Defence; shooting ranges and training grounds decided by delegation from the Chief of General Staff; participate in inspections of constructions within defense-related projects decided by local authorities (if necessary);

c) Specialized construction agencies of agencies and units participate in inspections of constructions specified at Point a of this Clause within their management scope; Specialized construction agency of the Ministry of National Defence participates in inspections of constructions specified at Point b of this Clause when necessary; in case of force majeure (constructions in areas affected by natural disasters, epidemics, environmental incidents), Specialized construction agency of the Ministry of National Defence reports to the Minister of National Defence to assign the specialized construction agency of the agency or unit to inspect the constructions specified at Point a of this Clause in those areas;

d) Other cases as decided by the Minister of National Defence.

2. Content and procedures of inspection of construction acceptance during the execution process by specialized construction agencies are performed according to Point a of Clause 4, Clause 5 Article 24 of Decree No. 06/2021/ND-CP, specifically as follows:

a) The investor reports the start of construction of construction items or facilities using Form No. 01 of Appendix III issued with this Circular to the specialized construction agency according to the hierarchy, at least 03 working days before the commencement;

b) The specialized construction agency plans the inspection and notifies the investor, related agencies, and units to coordinate implementation;

c) The investor informs the participants in the construction activities to prepare the inspection content according to the plan;

d) The specialized construction agency conducts the inspection according to the contents specified at Point a of Clause 4 Article 24 of Decree No. 06/2021/ND-CP;

dd) The specialized construction agency informs the inspection results in writing using Form No. 02 of Appendix III issued with this Circular to the investor and related agencies for coordination.

3. Content and procedures of inspection of final acceptance of constructions by specialized construction agencies are performed according to Clauses 4, 6 of Article 24 of Decree No. 06/2021/ND-CP, specifically as follows:

a) At least 15 days before the planned final acceptance date for special and first-class constructions, or 10 days for other constructions, the investor must report the completion of construction items or facilities using Form No. 03 of Appendix III issued with this Circular to the specialized construction agency according to the hierarchy;

b) The specialized construction agency plans the inspection and notifies the investor, related agencies, and units to coordinate implementation;

c) The investor informs the participants in the construction activities to prepare the inspection content according to the plan;

d) The specialized construction agency conducts the inspection according to the contents specified at Point b Clause 4 Article 24 of Decree No. 06/2021/ND-CP; if the construction item or facility has not been inspected during the execution phase, the inspection content is carried out according to the provisions of Clause 4 Article 24 of Decree No. 06/2021/ND-CP;

dd) If the construction is eligible for acceptance and use, the specialized construction agency issues a written notification approving the acceptance results of the investor using Form No. 05 of Appendix III issued with this Circular;

e) If there are remaining issues to be addressed in the construction, the specialized construction agency issues a written notification disapproving the acceptance results of the investor and specifies the remaining issues that need to be addressed using Form No. 04 of Appendix III issued with this Circular. After addressing the issues, the investor organizes acceptance and sends the report of the addressed results (including documentation, photos, and acceptance record of the addressed results) to the specialized construction agency for review and approval of the final acceptance results of the construction. If necessary, the specialized construction agency inspects the addressed results before issuing a document approving the final acceptance results of the construction by the investor.

4. Charges for the inspection of construction acceptance work are carried out in accordance with Article 16 of Circular No. 10/2021/TT-BXD dated August 25, 2021, by the Minister of Construction, which guides some regulations and measures for implementing Decree No. 06/2021/ND-CP dated January 26, 2021, and Decree No. 44/2016/ND-CP dated May 15, 2016, by the Government (hereinafter referred to as Circular No. 10/2021/TT-BXD), as follows:

a) Inspection charges of the specialized construction agency, including regulated charges and other charges serving the inspection activities;

b) Charges for hiring individuals (experts) invited by the specialized construction agency, including travel expenses, accommodation charges at the destination, and expert charges;

c) Charges for hiring organizations to participate in the inspection of construction acceptance work;

d) Estimating charges for the inspection of construction acceptance work is based on the characteristics and nature of the construction; the construction location; time, number of officers, experts (if any) participating in the inspection of construction acceptance work and the volume of work to be performed. For constructions using public investment funds or state foreign investment capital, the charges specified at Point c of this Clause must not exceed 20% of the consulting charges for construction supervision. The preparation, review, and approval of charge estimates for the inspection of construction acceptance work are carried out according to the provisions of Clause 8 Article 24 of Decree No. 06/2021/ND-CP;

dd) The investor is responsible for paying the charges specified at Point a of this Clause at the end of the inspection period. In cases where the specialized construction agency invites organizations or individuals with appropriate capacity to participate in the inspection, the investor executes contracts and makes payments according to the regulations for the charges mentioned in Points b and c of this Clause.

Article 11. Making and retention of as-built documents of construction works

1. Making and retention of as-built documents of construction works are carried out in accordance with Article 26 of Decree No. 06/2021/ND-CP and the Regulations on Archival Work in the Ministry of Defense issued with Circular No. 30/2021/TT-BQP dated March 15, 2021, by the Minister of National Defence.

2. Parts of the construction that are obscured or covered must be documented with images (photos, videos) taken by supervisory consultants or construction contractors to facilitate inspection and acceptance processes. The images must be clear and must show the form, specifications, timing, and location of the work. The duration for storing these images is determined by the investor but must not be shorter than the warranty period of the construction.

Section 3. WARRANTY, MAINTENANCE, AND DISMANTLEMENT OF CONSTRUCTION WORKS

Article 12. Warranty of Construction Works

Contents of the construction work warranty include:

a) Warranty requirements for construction works;

b) Responsibilities of stakeholders in the warranty of construction works.

The contents under Points a and b Clause 1 of this Article shall be implemented in accordance with Articles 28 and 29 of Decree No. 06/2021/ND-CP.

The warranty period for construction works and items starts from the date the investor accepts completion as specified in Clause 5 of Article 28 of Decree No. 06/2021/ND-CP.

Article 13. Maintenance of construction works

1. Contents of construction work maintenance include:

a) Procedures of performing construction maintenance;

b) Maintenance procedures for construction works;

c) Maintenance plan for construction works;

d) Execution of construction work maintenance;

dd) Quality management of construction maintenance works;

e) Charges of construction work maintenance.

2. The contents under Points a, b, c, d, dd, and e Clause 1 of this Article shall be implemented in accordance with Articles 30, 31, 32, 33, 34, and 35 of Decree No. 06/2021/ND-CP.

3. Monitoring of construction works during operation and use

The content and requirements for monitoring; the list of constructions that must be monitored is implemented in accordance with Article 4 and Appendix I issued with Circular No. 10/2021/TT-BXD.

Article 14. Determination of construction work maintenance costs

1. Construction work maintenance costs include:

a) Charges for performing annual routine maintenance;

b) Repair charges for construction works;

c) Consulting charges for construction work maintenance;

d) Other charges;

dd) Maintenance management charges are the responsibility of the agency or unit managing and using the construction.

2. Construction work maintenance costs shall be carried out in accordance with Article 3 of the Minister of Construction’s Circular No. 14/2021/TT-BXD dated September 8, 2021, guiding the determination of construction work maintenance costs (hereinafter referred to as Circular No. 14/2021/TT-BXD), specifically as follows:

a) Charges for performing annual routine maintenance are determined by the percentage rate specified in Appendix I issued with Circular No. 14/2021/TT-BXD and implemented according to the provisions in Appendix IV issued with this Circular;

b) Repairing charges for construction works are determined by estimate. For cases whose charges require 500 million VND or more, the charge estimate is determined according to the provisions in Circular No. 11/2021/TT-BXD dated August 31, 2021, by the Minister of Construction guiding some contents on determining and managing construction investment charges; for repairs charging less than 500 million VND, the charge estimation is based on the volume and unit price for construction repairs, with the total charge estimate compiled according to the provisions in Appendix V issued with this Circular;

c) Charges specified at Points c, d, and dd Clause 1 of this Article are carried out according to Clauses 6, 7, and 8 Article 3 of Circular No. 14/2021/TT-BXD;

d) The compilation of charge estimates for annual maintenance is performed according to the provisions in Appendix VI issued with this Circular;

The review, approval and adjustment of the maintenance procedures for construction works are carried out according to Clauses 4 and 5 of Article 35 of Decree No. 06/2021/ND-CP.

Article 15. Construction assessment

1. Authorities responsible for construction assessment within the Ministry of National Defence:

a) The specialized construction agency of the Ministry of National Defence conducts assessment for construction works of class II and above; and class I construction works for shooting ranges and training grounds.

b) Specialized construction agencies of agencies and units conduct assessment for other construction works within their management scope.

2. The assessment content is implemented according to Clause 1 Article 6 of Decree No. 06/2021/ND-CP.

3. The procedure for conducting construction assessment and announcing assessment conclusions is implemented according to Article 6 Circular No. 10/2021/TT-BXD.

Article 16. Evaluating the work safety

1. The procedure and content of the work safety evaluation are implemented according to Articles 36 and 37 of Decree No. 06/2021/ND-CP.

2. Responsibilities for organizing the work safety evaluation of constructions:

a) Agencies and units under the Ministry of National Defence review, set out the timeline and requirements for agencies and units managing and using the construction works to conduct the timing and frequency of work safety evaluation as specified in Clause 3 Article 17 of Circular No. 10/2021/TT-BXD.

b) Agencies and units managing and using construction works conduct work safety evaluation according to Clause 1 Article 38 of Decree No. 06/2021/ND-CP and report to their higher agency or unit, then forward to the agencies and units under the Ministry of National Defence.

c) Agencies and units under the Ministry of National Defence compile the results of work safety evaluation within their management scope and send them to the specialized construction agency of the Ministry of National Defence.

d) The specialized construction agency of the Ministry of National Defence shall inspect and announce the results of work safety evaluation according to Clause 3 Article 39 of Decree No. 06/2021/ND-CP and Points a and b Clause 5 of Article 17 of Circular No. 10/2021/TT-BXD.

3. The specialized construction agency of the Ministry of National Defence confirms the results of the work safety evaluation:

a) Construction works specified in Appendix III of Circular No. 10/2021/TT-BXD;

b) Category I shooting ranges and training grounds.

4. Charges of the work safety evaluation of constructions are part of the consulting charges for maintenance of the construction work, including:

a) Charges for conducting surveys, creating current condition dossiers of the construction work (if any);

b) Charges for conducting work safety evaluation of the construction;

c) Charges of taxes for the organization reviewing the outline of work safety evaluation, charges for consulting organizations supervising the work safety evaluation (if any);

d) Other related charges.

Article 17. Handling of construction works showing signs of danger or construction works with expired lifetime, dismantlement of construction works

Handling of construction works showing signs of danger or construction works with expired lifetime, dismantlement of construction works is implemented according to Articles 40, 41, and 42 of Decree No. 06/2021/ND-CP, detailed as follows:

1. Handling of construction works showing signs of danger and unsafety in the course of operation and use:

a) When detecting or receiving information about a work item or a construction work showing signs of danger and unsafety in the course of operation and use, the agency or unit of management and use must comply with Points a, c, and dd Clause 1 Article 40 of Decree No. 06/2021/ND-CP and report to the head of the agency or unit under the Ministry of National Defence, also sending reports to the specialized construction agency for coordination.

b) The head of the agency or unit under the Ministry of National Defence performs the content specified at Points a, b, c, and d Clause 2 Article 40 of Decree No. 06/2021/ND-CP.

2. Handling of construction works with expired lifetime:

a) The owner or agency/unit using the construction reviews and determines the lifetime of the construction according to the construction design documentation and applicable standards and norms; reports to the head of the agency or unit under the Ministry of National Defence and proposes a handling plan after the expiry of the lifetime (at least 12 months in advance). For constructions without sufficient basis to confirm the design lifetime, the owner or agencies, units using the construction work must comply with Point a Clause 4 Article 41 of Decree No. 06/2021/ND-CP before reporting;

b) For constructions that have reached the end of their lifetime but are still needed, the head of the agency or unit under the Ministry of National Defence requires the agencies or units of management and use to act according to Points a and b Clause 4 Article 41 of Decree No. 06/2021/ND-CP before deciding whether or not to continue using the construction works and take responsibility for their decision;

c) For cases where the construction is not continued to be used after expired lifetime as per Clause 5 Article 41 of Decree No. 06/2021/ND-CP, actions are taken according to Circular No. 126/2020/TT-BQP dated October 19, 2020, by the Minister of National Defence regarding the removal from service and disposal of state assets in the Ministry of National Defence.

3. Dismantlement of defense-related constructions is carried out according to Article 42 of Decree No. 06/2021/ND-CP; the authority to decide on the dismantlement of constructions is regulated as follows:

a) The Minister of National Defence decides for construction works of class II and above;

b) The head of the agency or unit under the Ministry of National Defence decides for other construction works within their management scope.

Section 4. INCIDENTS IN CONSTRUCTION AND OPERATION OR USE OF CONSTRUCTION WORKS

Article 18. Construction work incidents

Content concerning construction incidents is regulated in Articles 43, 44, 45, 46, and 47 of Decree No. 06/2021/ND-CP, detailed as follows:

1. Reporting Construction Incidents

Immediately after an incident occurs, the investor or the head of the managing unit must report to the immediate superior and within 24 hours to the head of the agency or unit under the Ministry of National Defence, which will then report to the Minister of National Defence. The report must include: name of the construction work, construction location, scale of the construction work; names of organizations and individuals involved in the construction; description of the incident, condition of the construction work at the time of the incident, timing of the incident; damage to people and property (if any).

2. Resolving Construction Incidents

The head of the agency or unit under the Ministry of National Defence is responsible for managing the resolution of incidents within their scope; in necessary cases, this is decided by the Minister of National Defence.

3. Authority, Content, and Charges of Assessment for the Causes of Construction Incidents

a) Assessment Authority

The specialized construction agency of the Ministry of National Defence organizes assessment for first-level incidents as specified in Clause 1 Article 43 of Decree No. 06/2021/ND-CP;

The specialized construction agency of the agency or unit organizing assessment for second and third-level incidents as specified in Clauses 2 and 3 Article 43 of Decree No. 06/2021/ND-CP for construction works within their management scope.

b) Contents of assessment and charges of organizing assessment of causes of construction incidents shall comply with the provisions of Clause 3 and Clause 4, Article 46 of Decree No. 06/2021/ND-CP.

Article 19. Incidents involving machinery and equipment used in construction

Content concerning safety incidents during the construction process is regulated in Articles 48, 49, 50, and 51 of Decree No. 06/2021/ND-CP, detailed as follows:

1. Reporting Incidents Involving Machinery and Equipment

Immediately after a safety incident occurs during construction as specified at Point a Clause 1 Article 48 of Decree No. 06/2021/ND-CP, the investor or the managing unit must report the name and location of the construction, a preliminary account of the incident and damage (if any) to the immediate superior and within 24 hours to the head of the agency or unit under the Ministry of National Defence for consolidation and further reporting to the Minister of National Defence.

2. The head of the agency or unit under the Ministry of Defense is responsible for implementing the contents as specified in Clause 5 Article 49 of Decree No. 06/2021/ND-CP.

3. Investigation of Incidents Involving Machinery and Equipment

a) The head of the agency or unit under the Ministry of Defense:

Leads the resolution and investigation of incidents involving machinery and equipment within their management scope;

Establishes an Incident Investigation Team, including representatives from the specialized construction agency of the agency or unit, the Ministry of Defense’s specialized construction agency (if necessary), and other relevant technical and engineering experts. If necessary, the leading agency for incident investigation appoints a consulting organization to determine the causes of the incident and propose remedies.

b) The content of the investigation concerning machinery and equipment incidents is carried out according to Clause 3 Article 50 of Decree No. 06/2021/ND-CP;

c) The investor is responsible for advancing the charges of organizing the investigation. Once the investigation results are obtained and responsibilities are determined, the organization or individual causing the incident must reimburse the charges. If the incident occurs due to force majeure, the responsibility for paying the investigation charges is determined according to the relevant construction contract;

d) In cases where incidents involving machinery and equipment do not fall under the category of strictly regulated machinery and equipment used in construction and do not cause severe injury or death, the investor is responsible for leading the organization of the investigation and resolution of the incident.

4. Making of machinery or equipment incident handling dossiers

The investor is responsible for organizing machinery or equipment incident handling dossiers according to the regulations in Article 51 of Decree No. 06/2021/ND-CP.

Section 5. REWARDS AND PENALTIES IN CONSTRUCTION ACTIVITIES

Article 20. Awards for Construction Quality

1. The regulations regarding awards for construction quality are implemented in accordance with Article 8 of Decree No. 06/2021/ND-CP.

2. Before registering to participate in the awards for construction quality, the investor must report and obtain approval from the specialized construction agency of the Ministry of National Defence.

Article 21. Handling of administrative violations in construction activities

1. Subjects and forms of violation handling

a) Organizations and individuals engaging in construction activities under a construction contract that adversely affect the quality of the construction or cause loss and wastage in construction investment will be subject to penalties and must rectify the consequences. The investor shall specify the content of violation handling within the construction contract, in which the types of violations and forms of handling are applied according to Chapter II of Decree No. 139/2017/ND-CP dated November 27, 2017, which governs administrative penalties in construction activities.

b) Agencies, units, military personnel, civil servants, and defense officials tasked with construction activities that conduct actions compromising the quality of construction or lead to loss and wastage in construction investment will be subject to administrative or criminal prosecution depending on the nature and severity of the violations as specified in Circular No. 16/2020/TT-BQP dated February 21, 2020, which outlines the application of disciplinary actions, procedures, statutes of limitations, deadlines, and authority for disciplinary handling within the Ministry of National Defence.

2. Authority and procedures for handling violations

a) Heads of agencies or units under the Ministry of National Defence, and heads of specialized construction agencies, as designated, are responsible for identifying violations at construction sites under their management and must notify the investor and relevant parties in writing.

b) In the case of violations by individuals specified at Point a Clause 1 of this Article: Pursuant to the written notification or through findings by the investor, an official record of the violation is created, and actions are taken according to the contract.

c) Heads of agencies or units manage the handling of violations for the individuals specified at Point b Clause 1 of this Article, following the processes outlined at Point a of this Clause. If the violation exceeds their authority, heads of agencies or units under the Ministry of National Defence must forward the matter to a higher authority for further legal action in accordance with law.

3. Temporary suspension of construction work and use of machinery and equipment: Upon detecting a safety risk that could impact the construction site, adjacent areas, and the community, heads of agencies or units under the Ministry of National Defence, and heads of specialized construction agencies are authorized to temporarily suspend construction activities under their management. Once the issues are rectified and safety requirements are addressed according to regulations, the investor must report to the head of the agency or unit that ordered the suspension to inspect and decide whether to allow the continuation of the construction.

4. The specialized construction agency is authorized to publicly disclose the names and acts of violations by organizations and individuals involved in construction activities on the websites of the Ministry of National Defence and other communication media.

5. In case of necessity, Heads of agencies or units with authority as specified in Clause 2, depending on the nature and severity of the violations, may send a written request to the competent authority for further action according to construction law regulations.

Chapter III

RESPONSIBILITIES OF AGENCIES, UNITS

Article 22. General department of logistics

1. Responsible for assisting the Minister of National Defence in managing the quality of construction works, construction and maintenance within the scope of this Circular and addressing any issues arising during implementation.

2. Directs the Department of Barracks:

a) Advises the Minister of National Defence on implementing new legal documents related to the quality management of construction works;

b) Inspects and guides agencies, units, organizations, and individuals involved in construction to comply with regulations on quality management, construction and maintenance;

c) Performs the function of a specialized agency in construction for the Ministry of National Defence as specified in Chapter II of this Circular and other tasks when assigned;

d) Compiles and reports to the Minister of National Defence and drafts documents of the Ministry of National Defence sent to the Ministry of Construction about the situation of quality management, quality of construction works, and labor safety in the Ministry of National Defence before December 15th annually and makes unscheduled reports upon request.

Article 23. Related Agencies of the Ministry of National Defence

According to assigned functions and tasks, responsible for coordinating and participating in the quality management, construction and maintenance of construction works upon the request of the specialized construction agency.

Article 24. Agencies and Units under the Ministry of National Defence

1. Responsible to the Minister of National Defence for managing the quality, construction and maintenance of construction works within their management scope and implementing the contents within the authority as specified in Chapter II of this Circular.

2. Directs the specialized construction agency of the agency or unit:

a) Performs the function of a specialized construction agency of the agency or unit as specified in Chapter II of this Circular and other tasks when assigned;

b) Organizes and guides the implementation of new legal documents related to quality management, construction and maintenance within the management scope;

c) Compiles information on quality and quality management of construction works within the management scope, reports using Form No. 06 in Appendix III issued with this Circular, sends to the Department of Barracks/General Department of Logistics before November 15th annually and make unscheduled reports upon request.

Article 25. Agencies, units of management and operation

1. Participates in quality management during the design and construction process; promptly detects any deficiencies and recommends adjustments to the investor to maximize investment efficiency.

2. Performs the role of community supervision on the quality of construction works. When violations are detected, must timely report to the investor or the state management agency on construction for handling according to legal regulations.

3. Organizes the management, use, operation and maintenance according to regulations. Legally responsible for any damage or degradation of the construction works due to misuse or maintenance.

4. Implements the contents within the authority as specified in Chapter II of this Circular and other tasks when assigned.

Chapter V

IMPLEMENTATION PROVISIONS

Article 26. Transitional provisions

1. For construction works within investment projects that had been approved before the effective date of this Circular, the classification of the construction work shall be determined in accordance with the provisions of Circular No. 296/2017/TT-BQP dated November 24, 2017, by the Minister of National Defence detailing certain aspects of quality management and maintenance of construction works in the Ministry of National Defence.

2. For construction works having begun before the effective date of this Circular, the authority to examine acceptance test shall be carried out in accordance with the provisions of Circular No. 296/2017/TT-BQP dated November 24, 2017, by the Minister of National Defence detailing certain aspects of quality management and maintenance of construction works within the Ministry of National Defence.

Article 27. Effect

This Circular takes effect from February 12, 2022, and replaces Circular No. 296/2017/TT-BQP dated November 24, 2017, by the Minister of National Defence detailing certain aspects of quality management and maintenance of construction works in the Ministry of National Defence.

Article 28. Implementation responsibility

1. The Chairperson of the General Department of Logistics, commanders of relevant agencies, and units shall implement this Circular.

2. Should there be any issues during the implementation, agencies and units must timely report to the Ministry of National Defence (via the Department of Barracks/General Department of Logistics) for consideration and guidance./.