Maintenance of Construction work in Vietnam - Reality and Solutions
Maintenance of Construction work is a collection of jobs to ensure and maintain the normal and safe of the construction according to the design regulations in the process of exploitation and use. Therefore, maintenance is considered one of the most important stages to ensure quality, enhance the durability of the construction as well as minimize operating costs. In reality, early degradation (or particularly the occurrence of unsafe incidents during exploitation and use) of construction works mainly due to not performing or performing poorly the maintenance work.
Therefore, the regulations on maintenance work are regulated more closely in the Construction Law as well as in the system of legal documents, related technical regulations, requiring owners (or users of works) to perform maintenance of construction, comply with legal and technical regulations on maintenance of construction. In the framework of the article, please introduce to the readers about the process of formation, construction and developing a system of legal documents on maintenance of construction works in Vietnam, the current situation and proposing some solutions.
I. The process of formation, construction and development of a system of legal documents on maintenance of construction in Vietnam
1. The period before issuing the Construction Law No. 16/2003/QH11 and the Construction Law issued in 2014 (from 2003 and earlier):
Prior to 1999, work related to maintenance of construction works was only mentioned during the operation and use phase of the construction. The first time in Article 41 of Decree No. 177-CP of October 20, 1994 of the Government "Issuing the Regulation on Investment and Construction Management" stated "After receiving the handover of the project, The investor is responsible for exploiting and using the construction capacity, synchronizing the organization of production, business and services; the investor is responsible for exploiting and using the construction capacity, synchronizing the organization of production, business and services; perfecting the organization and management methods, in order to bring into full play the economic-technical criteria set out in the project ”.This is understood as the content, requiring the owner of the works to perform maintenance in the process of exploitation and use of the construction.
To the Government's Decree No. 52/1999/ND-CP of July 8, 1999 promulgating the Regulation on Investment and Construction Management, for the first time, the phrase "maintenance of construction" is clearly stated in legal documents, particularly in Clause 2, Article 53 of Decree No. 52/1999/ND-CP: “Investors or organizations assigned to manage the use of construction shall have to carry out maintenance of construction”.
2. Period of promulgation of Construction Law No. 16/2003/QH11 (from 2003 to 2014):
2.1. Recognizing the importance of maintenance of construction works, Construction Law No. 16/2003/QH11 issued on November 26, 2003 (hereinafter referred to as Construction Law 2003), there are specific provisions on the objects, responsibilities,... implementing the maintenance of construction works in Article 83, specifically:
"1. The owner or manager using the construction is responsible for maintaining the construction, machinery and construction equipment.
2. The maintenance of construction works and equipment must be carried out according to the instructions and regulations of designers and manufacturers.
3. The maintenance of works is determined according to work types and levels.
4. The Government shall specify the maintenance of construction. "
2.2. In order to concretize the above requirements on maintenance work, for the first time, the maintenance of construction works has been specifically guided by the Ministry of Construction in Circular No. 08/2006/TT-BXD dated November 24, 2006 on the contents: the purpose of maintenance work; records and documents for maintenance work; responsibilities of related organizations and individuals in maintenance work; construction maintenance level; funding sources for performing maintenance work; sequence and implementation organization.
2.3. However, assessing the position and role of maintenance work in ensuring the quality and efficiency of exploitation and use of construction, as well as the need to change both "quantity" and "substance" for construction maintenance work, the Ministry of Construction has drafted and submitted to the Government for the first time the issuance of Decree No. 114/2010/ND-CP dated December 6, 2010 on "Maintenance of construction works"; as well as drafting and submitting to the Ministry of Construction for promulgation of Circular No. 02/2012/TT-BXD dated 12/6/2012 "On guiding a number of contents on maintenance of civilian construction, industrial construction materials and urban technical infrastructure construction ”.
This is the first time the maintenance of construction works has been fully and synchronously institutionalized on the following contents: the person responsible for performing maintenance work; parts of building and building must be monitored in the process of exploitation and use; consider and decide on the continued use of the project beyond the design life; the handling of building and parts of building does not ensure safety for the exploitation and use and the construction state management agencies inspect and perform the maintenance of construction.
3. Period of Construction Law No. 50/2014/QH13 (from 2014 to present):
3.1. Inheriting and promoting the content of Construction Law 2003, Construction Law No. 50/2014 / QH13 issued on June 18, 2014 (hereinafter referred to as Construction Law 2014) has specified and more closely:
a) For construction design implemented after the basic design specified in Article 80 of the Construction Law 2014: requirements must include the content of "usage period and operation and maintenance process".
b) For the handover of construction works specified in Article 124 of the Construction Law 2014:
- When handing over construction works, the construction contractors must hand over to investors the documents including the completion drawings, the process of operating instructions, the process of maintenance of construction, list of replacement equipment, spare parts and supplies and other relevant documents (in Clause 3, Article 124).
- If the project has not yet been handed over to the owner for use management, the investor shall have to temporarily manage and operate the construction work (in Clause 4, Article 124).
- Ensuring safety in operation and exploitation when putting works into use (at Point b, Clause 1, Article 124)
c) Regarding maintenance of construction works specified in Article 126 as follows:
"1. Requirements on maintenance of construction works are prescribed as follows:
a) Construction works and construction items, when being put into exploitation and use, must be maintained;
b) The maintenance process must be organized and approved by the investor before putting the construction items or construction works into exploitation and use; must be suitable for use purposes, types and levels of construction works, work items and equipment built and installed on the works;
c) The maintenance of construction must ensure safety for construction, people and properties.
2. Owners or managers of works shall have to maintain construction works, construction machines and equipment.
3. The maintenance of construction works and construction equipment must be carried out according to the maintenance plan and the approved maintenance process.
4. The Government shall provide detailed regulations on maintenance of construction works and the responsibility to announce construction works which have expired. "
d) Regulations on stopping exploitation and use of construction works in Article 127:
"1. The investor, the owner of the exploitation and use management of the work or the competent state agency shall decide to stop the exploitation and use of the construction project when the project expires, threatening to cause unsafety, causing incidents to works affecting the safety of users, safety of neighboring constructions environment and community.
2. When deciding to stop exploiting and using common works, the investors, the use manager or competent state agency must issue a written notice to the organizations, individuals and households using the work on their decision.
3. The exploitation and use of construction works shall be continued only after the incidents have been overcome or the risks of unsafety are removed. In case the project expires, if it is required to continue using the owner, the owner or the user must perform the quality inspection, reinforcement, renovation and repair of damage (if any) to ensure safety and utility of construction. "
3.2. In order to concretize the above requirements regarding maintenance work mentioned in Construction Law 2014, the Ministry of Construction has drafted and submitted to the Government for promulgation Decree No. 46/2015 / ND-CP dated May 12, 2015 on "Quality management and maintenance of construction works"; the Decree has devoted Chapter V to regulations on maintenance of construction works, including the following contents:
- Order of maintenance of construction works (prescribed in Article 37).
- Process of maintenance of construction works (prescribed in Article 38).
- Construction maintenance plan (stipulated in Article 39).
- Maintenance of construction works (stipulated in Article 40).
- Management of maintenance work quality (specified in Article 41).
- Construction work maintenance expenses (prescribed in Article 42).
- Evaluating safety and safety and operation safety of the project during exploitation and use (stipulated in Article 43).
- Handling of works showing signs of danger, failing to ensure safety for exploitation and use (prescribed in Article 44).
- Handling of works with expired use demand (stipulated in Article 45).
a) In the content of Circular No. 26/2016/TT-BXD dated October 26, 2016 of the Ministry of Construction guiding Decree 46/2015/ND-CP, in particular, some contents of maintenance of construction works such as: regulations on dossiers for management, operation and maintenance of works (prescribed in Article 12); regulations on maintenance of construction works (prescribed in Article 15); regulations on mandatory observation of works and parts of works during the process of exploitation and use (Article 16) and regulations on the organization of assessing the safety and safety of operation of the project during the exploitation and use process (stipulated in Article 17).
b) The Ministry of Construction also issued Circular No. 03/2017/TT-BXD on March 16, 2017 "Guidelines for determining construction maintenance costs", in which, specific guidelines for determining construction maintenance costs, types of construction work maintenance expenses, method of determining maintenance costs of construction works and methods of managing construction maintenance costs.
c) Besides, the system of technical normative documents for maintenance is constantly being supplemented, updated and completed.
- For the construction structure of the project, so far there have been many technical normative documents issued such as: Decision No. 488/QD-BXD dated May 25, 2016 of the Ministry of Construction on the temporary approval of the process of assessing the safety of housing structures and Public construction, National standards TCVN 9343:2012 - Concrete and reinforced concrete structures - Instructions on maintenance work; National Standard TCVN 9381:2012 - Guidelines for assessing the danger level of house structures; National Standard TCVN 9378:2012 - Survey and assessment of the status of houses and stone masonry construction; etc.
- For technical system equipment, electromechanical system of the construction (electricity supply system, water supply and drainage systems, elevators, fire protection, etc.) have been strictly regulated in Vietnam Construction Standards (QCVN 12:2014/BXD - "National technical standards for housing and public housing systems" stipulate technical requirements required to comply with design, new construction or renovation and repair of electrical systems of houses and public houses; QCVN 06:2010/BXD - National Technical Regulation on fire safety for houses and buildings, etc.) and the national standard system (National Standard TCVN 3890:2009 - Fire prevention and fighting facilities for houses and buildings - Equip, arrange, inspect and maintain; Vietnam Construction Standard TCXDVN 9385: 2012 - Lightning protection for construction works - Guidance on design, inspection and maintenance of the system; TCVN 8268:2009 - Protection of construction works. Removal and prevention of termite construction are in use, etc.) issued. On the other hand, most of the engineering and electromechanical systems of the construction have complete and specific instructions of the manufacturer on the implementation of equipment maintenance (Maintenance Book).
So far, Construction Law 2014 and legal documents guiding the Law have been issued (Circular No. 26/2016/TT-BXD, Circular No. 03/2017/TT-BXD, etc.) and existing technical normative documents have formed a complete and complete basic system; convenient for organizing the implementation of maintenance of construction works to ensure and maintain the safe working of structures and constructions according to the design throughout the process of exploitation and use; clearly define the responsibilities of entities and state management agencies as well as other requirements and contents on processes and contents, plans, implementation costs, etc. for maintenance of construction works.
4. Introduce the content of maintenance of construction works stipulated in Decree No. 46/2015/ND-CP:
"Article 37. Order of maintenance of construction works
1. Prepare and approve construction maintenance process.
2. Planning and estimating maintenance costs of construction works.
3. Perform maintenance and management of maintenance work quality.
4. Evaluate the safety and safety of the operation.
5. Prepare and manage construction maintenance records.
Article 38. Process of maintenance of construction works
1. The main contents of the construction process preservation process include:
a) Technical and technological parameters of works, parts of works and construction equipment;
b) Specifying objects, methods and frequency of work inspection;
c) To prescribe the contents and instructions on the maintenance of works suitable to each part of a work, the type of work and equipment installed in the construction;
d) Regulating the time and instructions for periodic replacement of equipment installed in constructions;
đ) To instruct methods to repair the damage of the construction, handle the cases of degraded works;
e) Regulate the use time of the construction;
g) Regulations on content and period of periodic assessment of constructions must be evaluated for safety in the process of exploitation and use in accordance with relevant laws;
h) Determining the time, subject and content to be periodically verified;
i) Regulate the time, method, and monitoring cycle for works that require monitoring;
k) Other instructions related to maintenance of construction works and regulations on conditions to ensure labor safety and environmental sanitation during the process of maintenance of construction works.
2. Responsibilities for formulation and approval of construction maintenance procedures:
a) Work construction designing contractors shall formulate and hand over to investors the process of maintenance of construction works, the construction sections together with the designing dossiers implemented after the basic designs; update the maintenance process to suit the design changes during construction (if any) before taking over the construction items and construction works put into use;
b) The contractor providing equipment for installation shall make and hand over to the investor the maintenance process for the equipment supplied by him before installing it into the construction;
c) In case the contractor designs construction works, the equipment supply contractor cannot set up a maintenance process, investors may hire other consultancy units with sufficient capability to set up the process and maintain the objects mentioned at Point a, Point b of this Clause and have to pay consultancy expenses;
d) The investor organizes the preparation and approval of the maintenance process according to the provisions of Point b, Clause 1, Article 126 of the Construction Law. Investor, owner or manager, using the project can hire a qualified consultant to verify a part or the whole process of maintenance of construction works shall be designed by the contractor as a basis for approval;
đ) For construction works which have been put into exploitation or use but have no maintenance process yet, the owners or managers, use construction works to set up and approve construction maintenance process, it is possible to organize the quality inspection of construction works as a basis for setting up construction maintenance procedures if necessary. In the maintenance process, it is necessary to specify the remaining use time of the project.
3. It is not mandatory to set up separate maintenance procedures for each level III building or less, separate houses and temporary works, unless otherwise provided by law. Owners or use managers of these works must still perform maintenance of construction works according to the regulations on maintenance of construction works of this Decree.
4. Where there are technical standards for maintenance or maintenance procedures of similar works, the owner or the building manager may apply that technical standard or process to the building without setting up a separate maintenance procedure.
5. Adjusting the maintenance process of construction works:
a) The owner or manager of the construction use is entitled to adjust the maintenance process when detecting irrational factors that may affect the quality of the work, affecting the exploitation and use of the project and is responsible for its decisions;
b) The contractor making maintenance procedures is obliged to modify, supplement or change irrational contents in the maintenance process if caused by its fault and has the right to reject requests to adjust the unreasonable maintenance process of the owner or manager of the work use;
c) The owner or use manager of the construction has the right to hire other qualified bidders to implement the amendment, additional changes in maintenance procedures in case the contractor who made the initial maintenance procedure did not do these things. The contractor implementing amendments and supplements to the process of maintenance of construction works shall be responsible for the quality of the work they perform;
d) For constructions using maintenance technical standards to perform maintenance, when this standard is amended or alternatively, the owner or the construction use manager is responsible for performing maintenance according to the modified content;
đ) The owner or manager of the work use shall have to approve the adjusted contents of the maintenance process, unless otherwise provided for by law.
Article 39. Construction maintenance plans
1. The construction owners or use managers shall elaborate annual construction work maintenance plans on the basis of approved maintenance processes and work status.
2. Main contents of construction work maintenance plans include:
a) Name of the work performed;
b) Implementation time;
c) Method of implementation;
d) Cost of implementation.
3. Maintenance plans can be amended and supplemented during the implementation process. The work owner or manager shall decide on the amendment and/or supplement to the construction work maintenance plan.
4. The repair of works and equipment shall depend on the level of expenses and procedures as follows:
a) In case of repairing works or equipment with a cost of under VND 5 million from the state budget capital source, the owner or the manager using the construction decides on the repair plan with the following contents: Names of parts of contructions or equipment that need repair or replacement; reasons for repair or replacement, repair or replacement objectives; amount of work; Expected cost, expected execution time and completion time;
b) In case of repairing works or equipment with the implementation cost of VND 5 million or more from the state budget capital, the owner or the project use manager organizes and evaluates and approving technical and economic reports or construction investment projects according to the law on investment in work construction;
c) For work repair works without using capital from the state budget, encourage the owner or manager to use the project to consult and apply the contents mentioned at Point a, Point b of this Clause.
Article 40. Implementation of maintenance of construction works
1. Owners or managers using works shall organize the inspection and maintenance by themselves and repair works according to approved construction maintenance procedures if they meet the capability conditions or hire qualified organizations to perform the works.
2. Checking works regularly, periodically and unexpectedly to promptly detect signs of degradation, the damage of the construction and equipment installed in the building as a basis for maintenance of the project.
3. Maintenance of works shall be carried out according to the annual maintenance plan and the approved construction maintenance process.
4. Repair works include:
a) Periodic repair of works including repair of damaged or replaced parts of works, equipment installed in damaged buildings is performed periodically in accordance with the maintenance process;
b) Irregular repair works shall be carried out when the parts of the works or works are damaged due to unexpected impacts such as wind, storm, flood, earthquake, impact or fire, and other unexpected impacts or when parts of works and works show signs of deterioration affecting the safety of use, operation and exploitation of works.
5. Quality inspection of works in service of maintenance shall be carried out in the following cases:
a) Periodical inspection according to the approved work maintenance process;
b) When detecting that the quality of the construction has damages of some parts of the work or works showing signs of danger, it is not safe to exploit and use;
c) When there is a request to assess the current status of works in service of formulation of maintenance procedures for works already put into use, but there is no maintenance process;
d) When there is a need to decide on the prolongation of the use duration of a project, for works whose design life has expired or as a basis for renovation or upgrading of works;
đ) Upon request of the state management agency in charge of construction.
6. Monitoring of works in service of maintenance must be carried out in the following cases:
a) National important works and works, when incidents occur, may lead to disasters;
b) The works show signs of subsidence, inclination, cracks and other abnormal signs that may cause the building to collapse;
c) At the request of the investor, owner or use manager;
7. In case the project has many owners, apart from being responsible for maintaining the part of their own works, owners are responsible for maintaining the whole part of the common property under the provisions of the relevant law.
8. For works not yet handed over to owners or managers and users of works, investors shall have to elaborate construction maintenance plans and perform the maintenance of construction works according to the contents prescribed in this Article and Article 39 of this Decree. The investor shall have to hand over the construction work maintenance dossier to the owner or the manager and user of the work before handing over the project to the exploitation and use.
Article 41. Quality management of construction work maintenance
1. Regular, periodical and extraordinary inspection of works is carried out by the owner or manager, use the works done visually, with regular monitoring data (if any) or with specialized testing equipment when necessary.
2. Work maintenance is carried out step by step in accordance with the process of maintenance of construction works. The results of the work maintenance work must be recorded and documented; owners or managers and users of works shall have to certify the completion of maintenance and management work in construction work maintenance dossiers.
3. Owners or managers and users of works shall have to organize the supervision and pre-acceptance test of construction and repair work; prepare, manage and keep records of work repair according to the provisions of law on construction management and other relevant law provisions.
4. Work repair works must be warranted for not less than 6 months for works of grade II or lower and not less than 12 months for works of grade I or higher.
5. The owner or manager and user of the project shall agree with the work repair contractor on the warranty rights and responsibilities, warranty period, warranty amount for repair work in the process of construction maintenance.
6. Owners or managers and users of works shall have to organize the supervision and pre-acceptance test of construction and repair work; prepare, manage and keep records of work repair according to the provisions of law.
7. In case the project requires monitoring or quality inspection, the owner or the manager or user of the project must hire an organization with sufficient capacity to perform. In case of necessity, the owner or manager of the project may hire an independent organization to evaluate the report on the inspection results and report on the monitoring results.
8. Documents for construction work maintenance:
a) Documents for maintenance work include construction work maintenance process, completion drawing, curriculum vitae of equipment installed in the project and other documents and documents necessary for maintenance of construction works;
b) The investor has the responsibility to hand over the documents for construction work maintenance to the owner or the manager and user of the work before handing over the project and putting it into exploitation and use.
9. Construction maintenance records include:
a) Documents for the maintenance of construction works mentioned in Clause 8 of this Article;
b) Maintenance plan;
c) Results of regular and periodic construction inspection;
d) Results of work maintenance and repair;
đ) Results of monitoring and results of construction quality inspection (if any);
e) Results of assessment of bearing safety and operation of the project during exploitation and use (if any);
g) Other relevant documents.
Article 42. Cost of maintenance of construction works
1. Maintenance costs of construction works are formed from the following sources:
a) State budget (central budget, local budget) allocated annually to projects using state budget capital;
b) Revenues from construction work use charges outside the state budget;
c) Capital sources of investors and owners for business projects;
d) Contributions and mobilization sources of organizations and individuals;
đ) Other legal capital sources.
2. Expenses for formulation and verification of construction work maintenance process:
a) Expenses for formulation and verification of construction work maintenance processes shall be calculated in the total work construction investment;
b) Expenses for elaborating and examining construction work maintenance processes for works already put into exploitation and use but without maintenance procedures shall be included in construction work maintenance expenses;
c) The cost of adjusting construction maintenance process lies in the cost of maintenance of construction works. The contractor setting up the construction maintenance process is responsible for paying the cost of making adjustments to the construction maintenance process in the event that this adjustment is caused by its fault.
3. Estimated maintenance of construction works:
a) Construction work maintenance estimates (hereinafter referred to as maintenance estimates for short) are determined according to specific maintenance jobs and is a basis for the owner or manager and user of a project to manage construction work maintenance costs;
b) Maintenance estimates are based on the volume of jobs determined according to the maintenance plan and construction unit prices as prescribed by competent authorities in service of construction work maintenance in order to carry out such work volumes;
c) Owners or managers and users of works shall have to organize the elaboration and appraisal and approving maintenance estimates for works using state budget capital and non-budget state capital for the maintenance of construction works.
For works using other capital sources, the owner or manager and user of the works shall be encouraged to organize the elaboration, appraisal and approval of the maintenance cost estimates;
d) Agencies defined in Clause 2, Clause 3 and Clause 4, Article 51 of this Decree shall base themselves on the method of formulating construction norms in service of construction work maintenance by the Ministry of Construction to guide and organize the construction and publication of construction norms for maintenance of works in accordance with the characteristics of the Ministry and localities and sent to the Ministry of Construction for monitoring and management.
4. Works owners or project managers and users shall approve construction work cost estimates according to law provisions on management of construction activities.
5. Management, payment and settlement of construction maintenance costs:
a) For construction works funded with state budget capital, project owners or managers and users shall have to manage, payment and settlement of construction work maintenance funding according to the provisions of the State Budget Law and other relevant law provisions;
b) For construction works without using the State budget capital for maintenance, owners or managers, using the project is responsible for managing the funds for maintenance and payment and settlement of construction maintenance costs.
6. In the case stipulated in Paragraph 8, Article 40 of this Decree, construction maintenance costs are included in the total investment in work construction.
Article 43. Evaluation of force safety and operation safety in the process of exploitation and use
1. National important works, large-scale projects and complicated techniques affecting the safety of the community must be periodically evaluated for the safety of the project in the course of exploitation and use.
2. Contents of assessment include bearing safety and operation safety during the process of exploitation and use of the project. The assessment of fire safety and fire safety, nuclear safety and other safety assessment contents shall comply with relevant law provisions.
3. Owners or managers and users of works must organize periodical evaluations of bearing and safety safety and operation safety of works, send evaluation results to competent agencies defined in Clause 4 of this Article for monitoring and inspection.
4. Competence to inspect the evaluation of bearing and safety, operation safety in the process of exploitation and use of the project:
a) The specialized construction agency under the Ministry of Construction and the specialized construction work management unit shall inspect the works of grade I or higher according to management specialties prescribed in Clause 1, Clause 2, Article 51 of this Decree;
b) The Construction Department and the specialized construction management department shall inspect the works in the area of grade II or under according to the management majors prescribed in Clause 4, Article 51 of this Decree;
c) The Ministry of Defense and the Ministry of Public Security shall organize the inspection of defense and security works.
5. The cost of conducting the work safety assessment during the exploitation and use process includes the cost of quality inspection, expert tax expenses and other necessary expenses shall be paid by the owners or managers and users of the works and included in construction maintenance costs.
6. The Ministry of Construction shall assume the prime responsibility and coordinate with the Ministry of Specialized Construction Management, the Ministry of Defense and the Ministry of Public Security in prescribing construction objects, frequency of assessment, process of assessing bearing safety, operation safety of the project in the process of exploitation and use.
Article 44. Handling of works showing signs of danger, failing to ensure safety for exploitation and use
1. When detecting works or work items showing signs of danger, failing to ensure safety for exploitation, use, the owner or manager or user of the project is responsible for performing the following:
a) Check the status of the work;
b) Organization of construction quality accreditation (if necessary);
c) Decide to implement emergency measures such as restricting the use of works, stopping the use of works, moving people and properties to ensure safety if the works are at risk of collapse;
d) Report immediately to the nearest local authority;
đ) Repair of damage that may affect the safety of use, safety of operation or demolition of works when necessary.
2. When detecting or receiving information on parts of works or works showing signs of danger, failing to ensure safety for exploitation and use, local administrations shall have to:
a) Organize the inspection, notice, request and guide the owner or the manager and user of the project to organize the survey, quality inspection, assess the level of danger, perform repair or demolition of a building or building component, if necessary;
b) Request the owner or manager and user of the works to implement emergency measures mentioned at Point c, Clause 1 of this Article in case the owner or manager, use of works is not actively implemented to ensure safety;
c) In case of construction works or construction work items showing signs of danger that may lead to the risk of collapse, competent state management agencies shall assume the prime responsibility and coordinate with the owner or the manager, user immediately to implement safety measures, including limiting the use of the building, stopping the use of the building, moving people and property if necessary to ensure safety;
d) Handling responsibilities of owners or managers and users of works according to law provisions when failing to comply with the requirements of competent state management agencies defined in Clause 2, Article 45 of this Decree.
3. Particularly for old condominiums and apartments with signs of danger, failing to ensure safety for exploitation, use and owners. or the person who manages and uses the works shall comply with the provisions of this Decree and other provisions of law on houses.
4. Every citizen has the right to notify the owner or manager, user of the work, state management agencies or mass media know when detecting construction parts, construction works that have incidents or signs of danger, fail to ensure safety for the exploitation and use for timely handling.
5. Owners or managers and users of works and competent state management agencies shall receive information on the project's parts, construction works that have incidents or signs of danger, fail to ensure safety for the exploitation and use shall have to apply safety measures mentioned at Point c, Clause 1 of this Article. In case of failing to handle in time and causing damage to people and property, they must take responsibility before law.
Article 45. Handling of works with expired use duration that require further use
1. If the project expires, the owner or manager or user of the work must perform the following tasks:
a) Organizing the inspection, verification and assessment of the quality of the current status of the works;
b) Reinforcing, renovating and repairing damaged works (if any) to ensure their use and safety before considering and deciding on the continued use of the works;
c) District-level People's Committees for the remaining works in the locality;
d) Report the results of inspection, verification, assessment of the quality of works, the results of work repair (if any) with the agencies specified in Clause 2 of this Article to be considered and approving the extension of the term of use for works specified in Appendix II of this Decree.
2. Responsibility for notifying and handling competence of works with expired use demand:
a) The Ministry of Construction and the Ministry of specialized construction management for special-level works are under the Ministry's management according to the provisions of Clause 1 and Clause 2, Article 51 of this Decree;
b) Provincial-level People's Committees for works of level I and level II in their localities;
c) District-level People's Committees for the remaining works in the locality;
d) The Ministry of Defense and the Ministry of Public Security shall prescribe the responsibility to notify and handle the works with expired use demands for defense and security works;
đ) Particularly for houses, the competence to handle them according to the provisions of law on houses.
3. The decision to continue using the project shall be based on the technical situation, specific use requirements, type and level of the construction.
4. Cases of discontinuation of use of works expired:
a) The owner or manager and user of the work does not have the need to continue using it;
b) The owner or manager and user of the construction has implemented the provisions of Clause 1 of this Article but the construction is not safe.
5. Owners or managers and users of works shall have to dismantle works prescribed in Clause 4 of this Article."