On 22 November 2022, the Ministry of Construction issued Documentary No. 5316/BXD-GĐ 2022 instructing on quality management procedures for construction and maintenance of construction works under the exclusive mechanism as prescribed in Decree No. 27/2022/ND-CP ("Decree 27").
According to Clause 8, Article 3 of Decree 27, the exclusive mechanism is applied to the implementation of small-scale construction projects which require uncomplicated techniques and the participation of the community. Construction works executed under such mechanism shall subject to simple processes and shortened procedures in the formulation, appraisal and approval of projects, in the selection of contractors, and in the management and maintenance of construction works.
A construction project subject to the application of the exclusive mechanism must satisfy the criteria regulated in Article 14 of Decree 27, including:
- The project is under the investment scope of the National Target Program.
- The project is located in 01 commune-level administrative unit, managed by the commune-level People's Committee.
- The total investment amount of the project does not exceed VND 05 billion.
- The technique required for the project is uncomplicated, and has sample designs, typical designs or existing designs that have been applied in the district level.
- The project is under the list of projects subject to the exclusive mechanism promulgated by the provincial People's Committees.
In compliance with Decree No. 06/2021/ND-CP ("Decree 06") on quality management, construction and maintenance of construction works, this Documentary has provided a detailed guidance on the procedures for quality management of construction and maintenance of construction works under the exclusive mechanism as follows:
- Procedures for quality management of construction works
Responsibilities of investors and contractors: Managing the construction quality according to 12 tasks specified in Article 11 of Decree 06. However, for construction works executed under the exclusive mechanism, the process could be shortened to focus on some vital tasks as follows:
- Quality management of materials, products, components and equipment used for the construction works;
- Quality management of contractors during the construction;
- Supervision of the construction;
- Acceptance and inspection of the acceptance of the construction works, including:
+ Acceptance of the execution phase: The Minutes of Acceptance could be added to the construction log but must fully ensure the contents specified in Article 21 of Decree 06;
+ Acceptance of completion of construction works according to Decree 06 and Decree 27;
+ In case the construction is subject to acceptance inspection, the investor is responsible for sending a notice of construction commencement to the construction-specialized agency. Such authority shall inspect at least 01 time and no more than 02 or 03 times depending on the type of construction works;
Responsibilities of the provincial People's Committees
- The provincial People's Committee may decentralize the acceptance inspection of construction works executed under the exclusive mechanism to the construction-specialized agency of the district People's Committee;
- Construction works having sample designs, typical designs or existing designs that have been applied in the district level may be considered to apply the exclusive mechanism by the provincial People's Committee.
- Maintenance of construction works:
Basically, owners or managers of construction works executed under the exclusive mechanism must make annual construction maintenance plans in accordance with the general provisions on maintenance of construction works in Section 2 Chapter III of Decree 06.
It should be noted that construction works at level III and below, individual houses and temporary works as prescribed in Clause 4, Article 31 of Decree 06 are not required separate maintenance procedure for each work. Accordingly, the construction-specialized agency, under the direction of the provincial People's Committee, are responsible for formulating a general maintenance process for each type of works having model designs, typical designs, and existing designs that have been applied in the district level.
- Norms of maintenance costs:
The maintenance cost of construction works is determined by estimates. Norms and estimates for construction works executed under the exclusive mechanism shall be issued by the provincial People's Committees.
This Documentary took effect from 22 November 2022.
Comment: