On November 7, 2019, the Minister of Construction issued Circular No. 07/2019 / TT-BXD to amend, supplement and replace some of the provisions of Circular No. 03/2016 / TT-BXD dated March 10, 2016 regulates the classification of construction works and guidelines for application in management of construction investment activities (hereinafter referred to as “Circular 07”).
There are 03 notable new contents in Circular 07, specifically:
1. Supplementing the provisions on interpretation of words: Circular 07 has added explanations for 10 phrases, including: individual houses; Apartment; Multifunctional works; Height of houses, structures and structures; Floor above ground; Basement; Half floor / semi-basement; Technical floors; Attic; Number of floors of the building. At the same time, Circular 07 also provides detailed guidance for determining the number of floors of a building, namely:
– Buildings with attic floors are not included in the number of floors of works when they are only used to cover the staircase or the wells, cover the construction equipment (if any), serve the purpose of roofing and rescue. , having an area not exceeding 30% of the floor area of ​​the roof.
– For individual houses, the mezzanine floor is not counted in the number of floors of the building when the mezzanine floor area does not exceed 65% of the floor area of ​​the building immediately below.
– For buildings, house-like structures, multi-storey buildings with floors (excluding separate houses), mezzanines are not counted in the number of floors of works when they are arranged for use as technical parks only ( for example: pool floor technical floor, generator floor, or other construction equipment), having a construction floor area not exceeding 10% of the floor area of ​​the building immediately below and not exceeding 300m2
– Each building is only allowed to have one mezzanine floor not counting the number of storeys of the building.
2. To amend, supplement and replace a number of provisions in Appendix 1 “Classification of construction works according to capacity scale or importance” of Circular No. 03/2016 / TT-BXD. Specifically:
– Civil works: Revising the classification of 02 types of works: kindergartens, model schools and headquarters of state agencies and political organizations.
– Industrial constructions: Amending the method of determining the classification of 05 types of works: Manufacturing construction materials; Metallurgy and manufacturing mechanics; Energy; Chemistry.
– Technical infrastructure works: Adding a way to determine the decentralization of a new type of work: Telecommunications signal transmission cable line.
– Traffic works: Amending the classification of 06 types of works: Highway highways, Motor roads; Roads in urban centers and seaports; Transmission area anchoring, avoiding shelter from storms; Politics, breakwaters, sand dikes, channel embankments, bank protection embankments; Monitoring and coordination system of maritime traffic (VTS); Other maritime constructions.
3. To amend and supplement a number of provisions in Appendix 2 “Classification of construction works according to the scale of structure” of Circular No. 03/2016 / TT-BXD. Specifically, amendments to the definition of decentralization for 03 types of structures are: Houses, House-type structures; Retaining walls, Embankments; Oil and gas pipelines.
The value that Circular 07 brings: Firstly, it brings more specific and detailed regulations and this makes the decentralization of construction works more convenient, easy and less controversial. than. Secondly, changing the classification criteria of some types of works from scale to importance and vice versa; and the subdivision and more clearly defined types of works already in the previous Circular help decentralization activities in accordance with the new situation of social development in Vietnam today, better meet the needs. As well as reflect the way in which the society cares about the position and role of each type of construction work, ensuring the synchronous development between law and practice in the field of construction.