Quyết định 27/2000/QĐ-BXD về điều kiện kinh doanh xây dựng do Bộ trưởng Bộ Xây dựng ban hành

DECISION

PROMULGATING THE REGULATION ON CONDITIONS FOR CONSTRUCTION BUSINESS

THE MINISTER OF CONSTRUCTION

Pursuant to the Government’s Decree No. 15/CP of March 4, 1994 on the functions, tasks, powers and organizational structure of the Ministry of Construction;
Pursuant to the Regulation on Investment and Construction Management, issued together with the Government’s Decree No. 52/1999/ND-CP of July 8, 1999;
Pursuant to the Government’s Decree No. 03/2000/ND-CP of February 3, 2000 guiding the implementation of a number of articles of the Enterprise Law;
Pursuant to the Government’s Decree No. 30/2000/ND-CP of August 11, 2000 annulling a number of permits and converting a number of others into business conditions;
At the proposals of the Director of the Department for Construction Policies and the Director of the Legal Department,

DECIDES:

Article 1.- To issue together with this Decision the Regulation on conditions for construction business.

Article 2.- This Decision takes effect 15 days after its singing.

Article 3.- The ministries, the ministerial-level agencies, the agencies attached to the Government, the central committees of mass organizations, the People’s Committees of the provinces and centrally-run cities, as well as concerned organizations and individuals shall have to implement this Decision.

REGULATION

ON CONDITIONS FOR CONSTRUCTION BUSINESS
(Issued together with Decision No. 27/2000/QD-BXD of December 8, 2000 of the Minister of Construction)

The following construction business lines shall be subject to conditions (requiring no permits):

1. Construction survey;

2. Project designing;

3. Project construction and installation.

I. CONDITIONS FOR CONSTRUCTION SURVEY BUSINESS:

1. Having business registration certificates for construction survey;

2. The labor employment must comply with the provisions of the labor legislation;

3. The laboratories used in service of construction survey activities must be recognized as being in compatibility with the standards prescribed in the "Regulation on recognition of specialized construction laboratories" issued together with Decision No. 65/BXD-KHCN of March 22, 1995 of the Minister of Construction;

4. If machinery, equipment, supplies and substances with strict labor safety requirements are used, the use thereof must comply with the provisions in Circular No. 22/TT-LDTBXH of November 8, 1996 of the Ministry of Labor, War Invalids and Social Affairs guiding the declaration, registration and application for permits for use of machinery, equipment, supplies and substances with strict labor safety requirements.

II. CONDITIONS FOR PROJECT DESIGNING BUSINESS:

1. Having business registration certificates for project designing;

2. Employing trained professional labor, and in compliance with the provisions of the labor legislation;

3. Having organized the control of designing products’ quality as provided for in the Regulation on Investment and Construction Management (issued together with the Government’s Decree No. 52/1999/ND-CP of July 8, 1999) and regulations on construction works’ quality control (issued together with Decision No. 17/2000/QD-BXD of August 2, 2000 of the Minister of Construction);

4. Implementing the relevant insurance regimes according to the provisions of law;

5. The enterprise’s managers (stipulated in Clause 3, Article 6 of the Government’s Decree No. 03/2000/ND-CP of February 3, 2000) must have project designing practicing certificate, and comply with the provisions of the Regulation on the granting of project designing practicing certificates, issued together with Decision No. 23/2000/QD-BXD of November 13, 2000 of the Minister of Construction.

III. CONDITIONS FOR PROJECT CONSTRUCTION AND INSTALLATION BUSINESS:

1. Having business registration certificate for construction;

2. Employing labor in strict compliance with the provisions of the labor legislation;

3. Having organized the construction works’ quality control as provided for in the Regulation on Investment and Construction Management (issued together with the Government’s Decree No. 52/1999/ND-CP of July 8, 1999) and regulations on construction works’ quality control (issued together with Decision No. 17/2000/QD-BXD of August 2, 2000 of the Minister of Construction);

4. Implementing the relevant insurance regimes according to the provisions of laws;

5. The laboratories used in service of project construction and installation must be recognized as being compatible with the standards prescribed in the Regulation on recognition of specialized construction laboratories, issued together with Decision No. 65/BXD-KHCN of March 22, 1995 of the Minister of Construction;

6. Ensuring safety in operating construction machinery and equipment. If machinery, equipment and supplies with strict labor safety requirements are used, the use thereof must comply with the provisions in Circular No. 22/TT-LDTBXH of November 8, 1996 of the Ministry of Labor, War Invalids and Social Affairs guiding the declaration, registration and application for permits for use of machinery, equipment, supplies and substances with strict labor safety requirements.

7. Those who directly command the construction and installation of specialized construction projects must have professional qualifications therefor (having intermediate or higher degree) and have directly participated in the construction of at least one project. Workers employed for the project construction and installation must go through training, have professional certificates, and firmly grasp the labor safety techniques.

IV. MANAGEMENT OF CONSTRUCTION BUSINESS ACTIVITIES:

1. Enterprises, organizations and individuals, when conducting construction business, must satisfy all conditions stated in this Regulation, bear responsibility for their products; submit to the supervision and inspection of local construction management agency as well as other competent agencies as prescribed by law.

2. Construction management agencies at various levels shall have to inspect and supervise the implementation of construction business conditions and handle violations according to their competence or request competent agencies to handle them according to law.

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