Construction maintenance process

Decree 06/2021/ND-CP guidance on quality management, construction construction and construction maintenance

Pursuant to the provisions of Article 31 of Decree 06/2021/ND-CP guiding the quality management, construction, and maintenance of construction works, the specific construction maintenance process:

1. The construction maintenance process includes the following main contents:

a) The technical and technological parameters of works, works parts and works equipment;

b) Regulations on subjects, methods and frequency of construction inspection;

c) Stipulate the contents and instructions on the maintenance of the construction work in accordance with each construction part, type of the construction work and equipment installed to the construction work;

d) Regulations on the time and instructions for periodical replacement of equipment installed into the works;

dd) Instruct the method for repairing the damage to the construction and handling the deteriorated construction parts;

e) Regulations on useful life of the works, parts, items and equipment installed to the works;

g) Regulations on contents, methods and time of the initial assessment, frequency of assessment of the works subject to safety assessment during the operation according to applicable technical regulations and standards and relevant law provisions;

h) Determine the time, subjects and contents of periodic inspection;

i) Regulations on time, methods and cycle of monitoring for the works requested to be monitored;

k) Regulations on construction maintenance documents and updating of information into construction maintenance documents;

l) Other instructions related to the maintenance of the construction work and the provisions on conditions for ensuring labor safety and environmental sanitation in the course of maintenance of the construction work.

Construction maintenance process

2. Responsibilities for establishment and approval of construction maintenance process:

a) The engineering contractor shall establish and transfer to the investor the maintenance process of the construction work, construction parts and engineering documents implemented after the basic design; update the maintenance process in accordance with changes in the engineering plan during the construction process (if any) before acceptance of construction items and construction works put into operation;

b) The contractor supplying equipment to the construction works shall establish and transfer to the investor the maintenance process of the equipment provided before the installation;

c) If the engineering contractor or the equipment supplying contractor fails to establish the maintenance process, the investor may hire another qualified consultant to establish the maintenance process for the entities prescribed in Point a and Point b of this Clause and pay the consultancy fee;

d) The investor shall establish and approve the maintenance process as prescribed in Point b Clause 1 Article 126 of the Law No. 50/2014/QH13 which is amended in Point a Clause 47 Article 1 of the Law No. 62/2020/QH14. The investor, owner or manager/user of work may hire a qualified consultant to inspect part or the whole of the construction maintenance process established by the design contractor as the basis for approval.

3. For the construction works that are put into operation without maintenance process, the owner or the manager/user of the work shall establish and approve the construction maintenance process. The remaining useful life of the work, its parts and items must be clearly specified in the maintenance process.

4. It is not required to establish separate maintenance process for each level III works or lower, detached houses and temporary works, unless otherwise prescribed by law. The owner or the manager/user of the work still has to carry out the construction maintenance according to the regulations on construction maintenance in this Decree.

5. In case maintenance standards or maintenance procedures are appropriate, the owner, manager or user of the work may apply such standards or procedures to the work without making a separate maintenance process.

6. Adjustment of construction maintenance process:

a) The owner or the manager/user of work is entitled to adjust the maintenance process if any unreasonable factor that may affect the quality of the work and operation of the work and is responsible for its decision;

b) The contractor who establishes the maintenance process is obliged to amend or change inappropriate contents in such maintenance process caused by his/her fault and may refuse unreasonable requests for adjustment of maintenance process made by the owner or the manager or user of the construction work;

c) The owner, manager or user of the work may employ another contractor eligible for modifying or supplementing the maintenance process in case the contractor establishing the initial maintenance process fails to perform such tasks. The contractor amending the maintenance process shall be responsible for the quality of the works it carries out;

d) Regarding the work applying technical standards for maintenance to maintain works, if these standards are modified or replaced, the owner or the manager of the work is responsible for the maintenance according to the modified ones;

e) The owner or the manager of the work is responsible for approving the adjustments to the maintenance process, unless otherwise prescribed by law.

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