Mon, Jan 31, 2022, 00:39:00
In case the maintenance of traffic works must be inspected and accepted by a competent state agency, for the contract to order the provision of public administrative services for the management and maintenance of traffic infrastructure between the Ministry of Transport and the Ministry of Transport. For transportation with public service providers, the inspection and acceptance will be regulated by the agency specified by the Ministry of Transport, then the specialized department will have just performed the inspection and acceptance of maintenance products. Is the work done by the public service provider and concurrently signed for acceptance in the acceptance record (the role of the ordering party under the order contract)?
If the work is not subject to inspection and acceptance by the competent authority as prescribed, it is understood that the ordering party organizes the acceptance of maintenance products requested by the order-receiving party?
Regarding the cost of management and maintenance, which is the responsibility of the owner, manager or user of the facility, based on the provisions of Article 35 of Decree No. 06/2021/ND-CP; Clause 8 Article 3 of Circular No. 14/2021/TT-BXD, Clause 1, Article 22 of Circular No. 03/2021/TT-BGTVT, the cost of management and maintenance is only for repair of works with costs above-under 500 million dong and there is no cost of regular management and maintenance of railway works, is that correct?
The Ministry of Construction responded to this issue as follows:
Work objects must be inspected and accepted by a competent state agency during the construction process and upon completion of work construction as specified in Clause 1, Article 24 of Decree No. 06/2021/ND -CP dated January 26, 2021 of the Government detailing a number of contents on quality management, construction and maintenance of construction works.
For repair work included in the maintenance of the work, in case the repair affects the main load-bearing structure of the work specified in Appendix X of Decree No. 15/2021/ND-CP dated 3 The Government's March 3, 2021 detailing a number of contents on construction investment project management must be inspected and accepted by a specialized construction agency according to regulations.
Inspection competence of specialized construction agencies is specified in Clause 2, Article 24 of Decree No. 06/2021/ND-CP.
