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THE GOVERNMENT
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SOCIALIST REPUBLIC OF VIETNAM
Independence - Freedom - Happiness
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No. 15/2021/ND-CP
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Hanoi, March 3, 2021
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DECREE
ELABORATING
CERTAIN REGULATIONS ON MANAGEMENT OF CONSTRUCTION PROJECTS
Pursuant to the Law on Organization of the Government dated
June 19, 2015; Law on amendments to the Law on Organization of the Government
and the Law on Organization of Local Governments dated November 22, 2019;
Pursuant to the Law on Construction dated June 18, 2014; Law
on amendments to the Law on Construction dated June 17, 2020;
Pursuant to the Law on Investment dated June 17, 2020;
Pursuant to the Law on Public Investment dated June 13,
2019;
Pursuant to the Law on Public-Private Partnership Investment
dated June 18, 2020;
Pursuant to the Law on Urban Planning dated June 17, 2009;
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The Government promulgates a Decree elaborating certain
regulations on management of construction projects.
Chapter I
GENERAL PROVISIONS
Article 1. Scope
This Decree elaborates certain regulations of the Law on
Construction 2014 and the Law on amendments to the Construction Law 2020
(hereinafter referred to as Law No. 62/2020/QH14) on management of construction
projects, including: preparation, appraisal, approval of projects, construction
designs; construction survey; issuance of construction permits and construction
order management; building special works and carrying out construction projects
abroad; management of construction eligibility; methods of construction project
management.
Article 2. Regulated entities
1. This Decree applies to domestic agencies, organizations,
and individuals; foreign organizations and individuals engaged in construction
investment within Vietnam’s territory.
2. Domestic organizations and individuals that engage in
construction investment abroad shall comply with particular provisions in
Section 2, Chapter V of this Decree and relevant law provisions.
3. For projects funded by official development assistance
(ODA), concessional loans of foreign grant funding bodies shall comply with the
provisions of this Decree and the law on management and use of ODA and
concessional loans from foreign grant funding bodies; in cases there is any
discrepancy between a signed international treaty on ODA and this Decree, the
international treaty shall prevail.
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1. “Main works of a construction project” mean the works
with the scale and function deciding on the investment objectives and scale of
the project.
2. "Works with great impact on community safety and
benefits” mean the works under the list specified in Appendix X of this Decree.
3. “Work built by route” means a construction work which is
constructed along a given route in one or multiple administrative divisions,
such as: roads; railway; electric transmission lines; telecommunications
cables; oil pipelines, gas pipelines and water supply and drainage pipelines;
major dams of irrigation and hydropower works; irrigation and drainage canals;
dykes, revetments and other similar works.
4.”Energy Efficiency Building” means a building that meets
the national criteria and standards for energy efficiency.
5.”Resource Efficiency Building” means a building that
applies technical solutions to use fewer natural resources such as soil, water,
minerals and other natural resources.
6. “Green Building” means a building that, in its design,
construction or operation, meets the energy- and resource-efficient criteria
and standards; ensures amenities and quality of life inside the building and
protects environment outside the building.
7. "Projects of national importance”, as prescribed in
the Construction Law and this Decree, include projects of national importance
that meet criteria stipulated by the law on public investment; projects subject
to the National Assembly’s decision of project proposal as per the law on
Public-Private Partnership investment; and projects subject to the National
Assembly’s approval for project proposal as per the law on investment.
8.”Large-scale construction projects using other funds”
requiring appraisal of feasibility study reports at construction authorities,
including: construction projects of group A according to criteria prescribed by
the law on public investment; construction projects subject to the National
Assembly’s, the Prime Minister’s approval for project proposals; residence and
urban area construction projects subject to approval for project proposals in
accordance with the investment law.
9. “Construction project funded by state capital other than
public investment capital” means a construction project funded by state capital
according to the provisions of the law on procurement but exclusive of public
investment capital as prescribed by law on public investment.
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11. “Front - End Engineering Design”, hereinafter referred
to as FEED, is a design step established according to international practice
for a project with a technological design after the project is approved to
concretize requirements on technological lines, specifications of equipment and
materials used mainly, construction solutions serving the preparation of
selection of preferred bidders under EPC contracts or specific requirements to
implement the next design step.
12. “Foreign contractor” means a foreign organization or
individual that is legally capacitated and the individual must also have civil
legal capacity to conclude and execute the contract. Passive legal capacity and
active legal capacity of the foreign contractor shall be determined according
to the law of the country of which the contractor holds the nationality. The
foreign contractor may be a general contractor, contractor, joint venture
contractor or sub-contractor.
13. “President” means the title of an individual who is
assigned to manage and coordinate all consulting tasks, including acting as a
president in charge of designing construction planning; president in charge of
construction survey; president in charge of construction design and
construction design assessment.
14. “Chairperson” means the title of an individual who is
assigned to perform specialized tasks, including taking charge of designing
construction planning; taking charge of construction design or construction
design assessment; taking charge of construction inspection; taking charge of
budgeting, assessing and managing construction costs.
15. “Chief supervisor” means the title of an individual who
is assigned by a construction supervision organization to manage the
supervision of a specific work or package.
16. “Site manager” or “project manager of contractor”
(hereinafter referred to as “site manager”) means the title of an individual
who is assigned by a construction organization to manage the construction of a
specific work or package.
17. “Project manager” means the title of an individual who
is assigned to manage and coordinate a specific construction project by the
Director of field-based or area-based project management board (PMB), the legal
representative of the project management consultancy, the legal representative
of the investor (in case the investor uses an affiliated entity or establishes
a project management board).
18. “Appraisal applicant” means the investor or an entity
designated by the investment decision-maker or the competent to perform
pre-construction tasks, if the investor has not been identified, who applies
for appraisal of feasibility study report or construction design.
19. “Practicing certificate code” means a 08-digit serial
number that is used to manage an individual’s construction practicing
certificate. Each individual involved in construction activities shall be
granted a practicing certificate code when applying for the practicing
certificate for the first time as prescribed in this Decree. The practicing
certificate code shall remain unchanged when the individual applies for
reissuance of or revision to the issued practicing certificate.
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Article 4. Construction project
phases
1. The construction project shall have the following phases
in compliance with Clause 1 Article 50 of the Law on Construction dated 2014 as
follows:
a) Pre-construction: construction survey; formulation,
appraisal of pre-feasibility study report, decision or approval of investment
policy (if any); formulation, appraisal, approval of detailed construction
planning to formulate feasibility study report; formulation, appraisal of
feasibility study report for construction approval/decision and other necessary
tasks related to pre-construction;
b) Construction: site preparation, demining (if any);
construction survey; formulation, assessment and approval for design and
construction estimate; issuance of construction permit (if required); selection
of contractors and signing of construction contracts; execution of the works;
supervision of work execution; advances or payments for completed works;
commissioning; taking-over of the works; handover of completed works and
putting into operation; and other necessary tasks;
c) Post-construction: finalization of construction contract,
final accounts of the completed works, certificate of completed works,
performance guarantees, handover of relevant documents and necessary tasks.
2. Phases of urgent construction projects shall comply with
Article 58 hereof. Phases of public-private partnerships projects with
construction component (hereinafter referred to as PPP projects) shall comply
with law on public-private partnerships investment. As for remaining projects,
depending on specific and technical requirements of the projects, the
investment-decision maker shall decide the phases for the work items as
prescribed in Points b and c Clause 1 of this Article shall be carried out
whether in succession or coordinately.
3. According to the nature of the project and actual
circumstances, the compensation, support, and resettlement shall be carried out
in either the pre-construction or construction phase, in conformity with
procedures of the land law.
Article 5. Classification of
construction projects
Construction projects shall be classified, for management
purpose, as prescribed in Article 49 of the Law on Construction 2014, amended
in clause 8 Article 1 of the Law No. 62/2020/QH14, and in this Decree as
follows:
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2. The projects shall be classified by sources of funds,
forms of investment, including: projects funded by public investment capital,
projects financed by state fund other than public investment, PPP projects and
projects funded by other funds. A construction project funded by mixed sources
of funds shall be classified, for management purpose, as follows:
a) If the above project is partially funded by public
investment capital, regulations on management of projects funded by public
investment capital shall prevail; if the above project is a PPP project
partially funded by public investment capital, regulations on management of PPP
projects shall prevail;
b) If the above project is funded by state capital other
than public investment capital and other funds: in case the rate of state
capital other than public investment capital is greater than 30% or more than
VND 500 billion of total investment, regulations on management of projects
funded by state capital other than public investment capital shall prevail; in
case of other circumstances, regulations on management of projects funded by
other funds shall prevail.
3. Unless the investment-decision maker requires a
feasibility study report, the following construction projects only require an
economic - technical report:
a) Projects for religious purposes;
b) Projects for new construction, repair, innovation or
upgrade with total investment of less than VND 15 billion (excluding land
levies);
c) Projects primarily for procurement of goods, services,
installation of equipment or projects for repair, renovation without impact on
bearing structure of the works with the cost of construction component less
than 10% of total investment and less than VND 5 billion (except for projects
of national importance, projects of group A, PPP projects).
Article 6. Application of BIM and
digital technology solutions
1. Encourage the application of Building Information
Modeling (hereinafter referred to as BIM), digital technology solutions in
construction activities and management and operation of works. The
investment-decision maker shall decide the application of BIM, digital
technology solutions when making a construction project decision.
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3. The Prime Minister shall prescribe the roadmap for
application of BIM and digital technology solutions in construction activities.
Article 7. Energy Efficiency Building, Resource Efficiency Building and Green Building
1. When investing in the construction of works, there must
be technical solutions and management measures in order to efficiently use
energy, save natural resources and protect the environment.
2. The State encourages the construction, development,
evaluation and certification of Energy Efficiency Building, Resource Efficiency Building and Green Building.
3. The development of the buildings mentioned in Clause 2 of
this Article shall comply with the applicable policies, plans and roadmaps set
forth by the Prime Minister.
4. The Minister of Construction shall formulate standards
for criteria and processes for the evaluation and certification of Energy Efficiency Building, Resource Efficiency Building and Green Building.
Article 8. Provisions on the
application of international standards, regional standards and foreign
standards (hereinafter referred to as foreign standards); basic standards; new
materials and technologies in construction activities
1. The selection and application of foreign standards and
basic standards must comply with the provisions of the Construction Law and
other relevant law provisions.
2. In case of application of foreign standards:
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b) Foreign standards that are widely recognized and applied
shall be preferred.
3. In case of application of basic standards:
a) When applying basic standards, there must be notes about
the compliance with national technical regulations and the compatibility and
consistency with relevant standards;
b) The announcement of the basic standards must strictly
comply with the regulations and process specified in other relevant laws.
4. The use of new materials and technologies for the first
time must comply with national technical regulations and relevant standards;
ensure feasibility, sustainability, safety and efficiency.
Chapter II
PREPARATION, APPRAISAL,
APPROVAL OF PROJECTS, MANAGEMENT OF CONSTRUCTION PROJECTS
Section 1. Preparation, appraisal
and approval of construction project
Article 9. Formulation of
pre-feasibility study report
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2. The preliminary design plan of the pre-feasibility study
report is shown on the notes and drawings, including the following contents:
a) Preliminary drawings include: diagram of the construction
site of project; preliminary master plan; drawings showing preliminary design
solution of main works;
b) Notes of size and nature of the project; land plot
existing conditions and boundaries; notes of conformity with the planning (if
any), connection with surrounding traffic and infrastructure; notes of
preliminary design solution;
c) Preliminary drawings and notes of technology lines and
technology equipment (if any).
3. The preliminary total investment of the pre-feasibility
study report shall comply with the Government's regulations on construction
cost management.
4. Contents of the pre-feasibility study report are
specified in Article 53 of the Construction Law 2014, amended in Clause 11,
Article 1 of Law No. 62/2020/QH14, in which, as required in a specific project,
the notes of the pre-feasibility study report shall contain:
a) The eligibility of the project investor in accordance
with relevant laws (if any), in case the investment policy and investor is
approved concurrently;
b) Estimated area of land for growing rice, protection
forest land, special-use forest land to be converted to the type of land with
other purpose of use to execute the construction project (if any);
c) The initiation of the project meeting the urban
development objectives and orientations, and local residence development
programs and plans in each period (if any), for an urban or residential area
project; preliminary structure of residence products and the reserve of land
for social residence development; a preliminary plan on construction and
management of urban infrastructure in the project and connection with
infrastructure outside the project's scope, for an urban area project.
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1. The appraisal of pre-feasibility study report in the
application for the approval of investment policy shall comply with the
provisions of the Law on Investment; the appraisal of pre-feasibility study
report with regard to public investment project, PPP project is done in
accordance with the law on public investment, the law on public-private
partnership investment.
2. After the investment policy of a project is decided or
approved by a competent authority under the provisions of Clause 1 of this
Article, the investor or the agency assigned to perform pre-construction tasks
shall complete the pre-feasibility study report as a basis for executing next
steps in accordance with relevant laws.
Article 11. Content of feasibility
study report
1. The content of pre-feasibility study report shall comply
with Article 54 of the Construction Law 2014, amended in Clause 12, Article 1
of Law No. 62/2020/QH14.
2. For residence or urban area construction projects areas,
a feasibility study report must clearly state the following contents:
a) The conformity of the project with the approved local
residence development program/plan (if any);
b) Gross floor area of residence; rate and number of types
of residence (semi-detached villas, apartments) and the compatibility of the
number of residence types with approved population indicators;
c) Area of land reserved for construction of social
housing in accordance with regulations of law on housing;
d) Business plan for residence products and other products
of the project;
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e) Investment phasing plan to ensure consistency for
projects having many construction works initiated for a long time that require
investment phases;
g) For no-residence urban areas, the provisions of Points a,
b, c and d of this Clause are not required.
Article 12. Appraisal of feasibility
study report, economic - technical report by the investment-decision maker
1. The appraisal of feasibility study report of projects of
national importance funded by public investment capital is done in accordance
with the law on public investment.
2. The Appraisal Council or the unit assigned to appraise
PPP projects shall appraise the feasibility study report of a PPP project in
accordance with the law on public private partnership investment, and
synthesize the appraisal result by the construction authorities according to
the provisions of this Decree and submit them to the competent authority for
approval of the project.
3. For projects not falling under the cases specified in
Clauses 1 and 2 of this Article, the investment-decision maker shall assign the
an affiliated specialized agency, or an organization/individuals with expertise
suitable to the nature and contents of the project, if such an affiliated
specialized agency is not available, to appraise the feasibility study report
or economic - technical report. The investment-decision maker may assign a
construction authority to act as an appraising agency in case there is an
affiliated construction authority.
4. The appraisal applicant shall submit an application for
appraisal of feasibility study report, economic - technical report to the
appraising agency in accordance with the provisions of Clause 3 of this
Article.
5. At the specific request of each project, the investor or
the agency assigned to make preparation in pre-construction phase must carry
out relevant procedures and fulfill requirements and submit to the appraising
agency the following, as a basis for appraisal of the feasibility study report:
a) Agreements on power supply, water supply, wastewater
drainage, traffic connection, other written agreements on infrastructure
connection (if any);
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c) Appraisal result of a project for preservation and
restoration of historical-cultural relics, scenic beauties in accordance with
the law on cultural heritage;
d) An appraisal or opinions on fire safety solutions in
accordance with the law on fire safety;
dd) Result of environmental impact assessment in accordance
with the law on environmental protection;
e) Notification of feasibility study report appraisal result
by the construction authority;
g) Results of other procedures as prescribed by relevant
law.
6. The appraising agency shall appraise the matters
according to the provisions of Article 57 of the Construction Law 2014, amended
in Clause 14, Article 1 of the Law No. 62/2020/QH14, in specific:
a) The appraising agency shall inspect implementation of
relevant legal requirements as prescribed in Clause 5 of this Article;
b) For projects using technologies restricted from transfer
or adversely affecting the environment using technology, the appraising agency
shall send the application to the competent agency for technology-related
consultation response or appraisal in accordance with the law on technology
transfer, Articles 16 and 17 of this Decree;
c) The total investment of the project shall be determined
in accordance with the Government's regulations on construction cost
management.
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Article 13. Appraisal of feasibility
study report by the construction authority
The feasibility study report appraisal is carried out for
the entire project, each component project, each construction work or a number
of construction works according to the execution phase, investment phase of the
project but it must ensure consistency between the appraisal results and suit
the project schedule in the investment policy decision or approval. Except for
projects of national importance funded by public investment capital, projects
investment policy of which is decided by the National Assembly in accordance
with the law on public private partnership investment, the power to appraise
the feasibility study report by the construction authority is prescribed as
follows:
1. For construction works under projects funded by public
investment capital, the construction authorities shall appraise the projects
under specialized management according to the provisions of Article 109 of this
Decree, in specific:
a) The construction authority under the Ministry in charge
of field-based construction works shall appraise projects assigned by the Prime
Minister; group A project; group B projects with the investment decisions made
by the heads of central agencies of political organizations, the Supreme
People’s Procuracy, the Supreme People’s Court, State Audit, the President's
Office, Office of the National Assembly, ministries, ministerial-level
agencies, Governmental organizations, central agencies of Vietnamese Fatherland
Front and socio-political organizations (hereinafter referred to as central
agencies) or other individuals authorized or delegated by the former people;
projects located in 2 provinces or more; projects of group C under the
specialized management, with investment decisions made by the Ministry in
charge of field-based construction works (to which the construction authority
is affiliated) or other agencies/individuals authorized or delegated by the
Ministry in charge of field-based construction works; except for works
specified at Point c of this Clause;
b) A construction authority affiliated to provincial-level
People's Committee shall appraise works under projects in the administrative
area of the province, except for projects specified at Point a of this Clause
and projects requiring economic-technical reports;
c) A construction authority affiliated to the People's
Committee of Hanoi or Ho Chi Minh City shall appraise projects with the
investment decision made by the President of the People's Committee of City or
an individual authorized or delegated by the President.
2. For construction projects funded by public investment
capital, construction authorities shall appraise projects of group B and
higher, projects with great impact on community safety and interests, under
specialized management according to the provisions of Article 109 of this
Decree, in specific:
a) The construction authority under the Ministry in charge of
field-based construction works shall appraise projects with investment policies
approved by the National Assembly or the Prime Minister; group A projects;
group B projects with the investment decisions made by Ministers, heads of
central agencies, heads of economic groups or state-owned general companies
established under decision of the Prime Minister (hereinafter referred to as
economic groups, state-owned general companies) or other individuals authorized
or delegated by the former people; projects with works of special class, class
I; projects located in 2 provinces or more; projects of group C under the
specialized management, with investment decisions made by the Ministry in
charge of field-based construction works (to which the construction authority
is affiliated) or other agencies/individuals authorized or delegated by the
Ministry in charge of field-based construction works; except for works
specified at Point c of this Clause;
b) A construction authority affiliated to provincial-level
People's Committee shall appraise projects in the administrative area of the
province, except for projects specified at Point a of this Clause;
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3. For PPP projects, the construction authorities shall
appraise the projects under specialized management according to the provisions
of Article 109 of this Decree, in specific:
a) The construction authority under the Ministry in charge
of field-based construction works shall appraise projects with project policy
decided by the Prime Minister; projects approved by the heads of central
agencies or other agencies in accordance with law on public-private partnership
investment or other individuals authorized or delegated by the former people;
projects with works of special class, class I; projects located in 2 provinces or
more;
b) A construction authority affiliated to provincial-level
People's Committee shall appraise PPP projects in the administrative area of
the province, except for projects specified at Point a of this Clause.
4. For construction projects financed by other funds,
construction authorities shall appraise large scale projects as prescribed in
clause 8 Article 3 hereof, projects with great impact on community safety and
interests, under specialized management according to the provisions of Article
109 of this Decree, in specific:
a) The construction authorities under Ministries in charge
of field-based construction works shall appraise projects with investment
policies approved by the National Assembly or the Prime Minister; group A
projects; projects with works of special class, class I; projects located in 2
provinces or more;
b) A construction authority affiliated to provincial-level
People's Committee shall appraise projects in the administrative area of the
province, except for projects specified at Point a of this Clause.
5. For a mixed project consisting of varied types of works,
the appraisal competence of the construction authority is determined according
to the specialized management specified in Article 109 of this Decree in
conformity with the functions of the main works of a project or main works of
highest class in case the project has many main works.
Article 14. Application for
appraisal of feasibility study report by the construction authority
1. The applicant shall submit 1 set of application for
appraisal to the construction authority. The application for appraisal shall be
submitted in person or by post.
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3. An application for appraisal of feasibility study report
includes: Application form for appraisal using the form No. 01 of Appendix I
hereto, feasibility study report and legal documents attached, in specific:
a) Investment policy document as per law on investment,
public investment, public-private partnerships investment;
b) Decision on selection of architectural design plan
through the examination according to the regulations and the selected design
plan enclosed (if required);
c) The approval document/decision and enclosed drawings (if
any) of one of the following planning types: Construction detailed planning
approved by a competent authority; plannings of other specialized fields in
accordance with the planning law; route plan, site location approved by a
competent authority for works built by routes; construction zoning planning in
case no construction detailed planning is required;
d) Written opinions on fire safety solutions of the basic
design; written results of environmental impact assessment in accordance with
the law on environmental protection (if required under the law on fire safety,
and environmental protection);
Procedures for fire safety and environmental protection
shall be completed in parallel, no relevant document is required at the time of
submission of the appraisal application, but the completion of fire safety and
environmental protection procedures must be sent to the construction authority
before the deadline for notification of appraisal result. In case the investor
requests to seek opinions on fire safety solutions of the basic design
following the interlinked single-window system when appraising the feasibility
study report at the construction authority, the investor shall submit an
additional set of documents in accordance with the law on fire safety;
dd) Agreement and certification of technical infrastructure
connection of the project; a written approval for the height of the work
according to the Government's regulations on the management of the height of
aerial obstacles and the airspace control and air defense system in Vietnam (in
case the project is not in the area or subject to request for consultation on
the work elevation management surface at the stage of construction planning
approval) (if any);
e) Other relevant legal documents (if any);
g) Approved construction survey documents; notes to
feasibility study report; basic design or other designs according to
international practice for the preparation of feasibility study report
(including drawings and notes); list of standards mainly applied to the
project;
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i) For projects funded by public investment capital or state
capital other than public investment capital that require consideration of
total investment, in addition to the contents specified above, the application
submitted for appraisal must contain the following details: total investment;
relevant information and data on prices and norms to determine total
investment; quotes, valuation results (if any).
Article 15. Process of appraisal of
feasibility study report by the construction authority
1. The construction authority shall receive and verify if
the application for appraisal is complete and valid as prescribed in Article 14
of this Decree. Within 05 working days from the day on which the application is
received, the construction authority shall:
a) Request the applicant in writing for supplemental
documents (where necessary, such a request is only made once during the
appraisal process). In a case where consultation from relevant agencies is
needed, the appraising agency shall request the applicant for supplemental
documents on consultation matters;
b) Return of appraisal application in case specified in
clause 2 hereof;
c) Send a request to the fire safety authority to seek
consultation on fire safety solution of the basic design upon request of the
investor.
2. The construction authority shall reject the following
applications for appraisal:
a) The application falls beyond the competence of appraisal
of the construction authority or the application is not submitted by a duly
authorized applicant as prescribed in this Decree;
b) The application is not required to be appraised at the
construction authority;
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d) For applications received by post as prescribed in points
a, b and c hereof, the construction authority shall provide the applicants with
explanation in case of rejection.
3. Within 20 days after receiving the above request of the
construction authority, if the applicant fails to supplement the documents
required, the appraising agency shall suspend the appraisal and the applicant
shall re-submit an appraisal application upon further request.
4. The construction authority shall carry out the appraisal
following the interlinked single-window system as prescribed in clause 2
Article 58 of the Construction Law 2014, amended in clause 15 Article 1 of the
Law No. 62/2020/QH14; ensure the time required in Clause, Article 59 of the Law
on Construction 2014, amended in Clause 16, Article 1 of Law No. 62/2020/QH14.
5. During the appraisal process, the construction authority
has the right to suspend the appraisal (not more than one time) and promptly
notify the appraisal applicant of errors and misstatements in the application
which leads to ineligibility to make an appraisal conclusion. In case the
above-mentioned errors and misstatements are not corrected within 20 days, the
construction authority shall stop the appraisal, and the appraisal applicant
shall re-submit an application for appraisal upon request.
6. The appraisal result must contain the evaluation and
conclusion on satisfaction of requirements for each appraisal matter as
prescribed in clause 2 Article 58 of the Construction Law 2014, amended in
Clause 15, Article 1. of Law No. 62/2020/QH14; requirements for the
investment-decision maker, investor, and the competent agency for the PPP
project. The appraisal results are sent concurrently to the local construction
management authorities for management.
The form of a written notice of the feasibility study report
appraisal result is specified in Form No. 02, Appendix I to this Decree.
7. The stamping and archival of appraisal applications at
the construction authorities are done as follows: <0}
a) Application submitted for appraisal after modification
and completion shall be inspected by a construction authority, stamped to
certify the appraised matters on relevant drawings of 01 set of construction
design documents. Specimen of appraisal seal is specified in form No. 08 of
Appendix I hereto. The drawings bearing the appraisal seal shall be returned to
the appraisal applicant; the appraisal applicant is responsible for keeping the
drawings according to the law on archive and promptly responding to the request
of the construction authority when it is necessary to consider these drawings.
The appraisal applicant is responsible for submitting the photocopy (.PDF
format) of the feasibility study report, the construction design with the appraisal
seal to the construction authority;
b) At the end of the appraisal, the construction authority
is responsible for archiving and preserving a number of documents, including:
application for appraisal; conclusions of organizations and individuals participating
in the appraisal; written consultation from relevant agencies and
organizations; notice of appraisal results; copies of documents bearing the
appraisal seal as prescribed at Point a of this Clause.
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a) The selection of organizations, individuals to assess
construction design is done in the form of direct contracting and under the
simplified direct contracting process prescribed in the law on procurement;
b) The assessment consulting organization shall be legally
and financially independent from the investor and construction design
consulting contractors;
c) The drawings which have been assessed must bear a seal as
prescribed in Form No. 08 of Appendix I hereto.
Article 16. Competence for
technology-related consultation response or appraisal for construction projects
using technologies restricted from transfer or construction projects using
technologies with great impact on the environment under the Law on Technology
Transfer
1. Projects funded by public investment capital:
a) The State Appraisal Council shall appraise technologies
of projects of national importance;
b) Line ministries shall appraise technologies of projects
with investment policy decisions made by the Prime Minister, heads of central
agencies, heads of state agencies and public sector entities under management
of ministries, central agencies;
c) The specialized agency affiliated to the People's
Committee of the province to advise the People's Committee of the province on
the state management of a sector or field (hereinafter referred to as a
specialized agency of the People's Committee of the province) shall appraise
technologies of projects with investment policy decisions made by the People's
Council, President of People's Committee, head of state agency or public sector
entity under local management.
2. Projects funded by state capital other than public
investment capital:
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b) The specialized agency affiliated to the People's
Committee of the province shall take charge and cooperate with the specialized
science and technology agencies in giving technology-related consultation
responses about the remaining projects not falling into the case specified at
Point a of this Clause.
3. Regarding construction projects funded by other capital
sources:
a) Line ministries shall take charge and coordinate with the
Ministry of Science and Technology to give technology-related consultation
reposes on projects with investment policy approved by the National Assembly or
the Prime Minister.; projects of group A; projects with great impact on the
safety and benefits of the community of special and level I class; construction
projects located in 02 provinces or more;
b) The specialized agency affiliated to the People's
Committee of the province shall take charge and cooperate with the specialized
science and technology agencies in giving technology-related consultation
reposes about the remaining project not falling into the case specified at
Point a of this Clause.
4. For PPP projects, the Appraisal Council or the unit
assigned to appraise PPP projects shall organize an appraisal of the technology
when evaluating the feasibility study report according to the provisions of the
law on public-private partnership investment.
Article 17. Procedures for technology-related
consultation response or appraisal for construction projects using technologies
restricted from transfer or construction projects using technologies with great
impact on the environment
1. For projects of national importance funded by public
investment capital, the process of technology appraisal of the State Appraisal
Council shall comply with the provisions of the law on public investment.
2. For construction projects other than those specified in
Clause 1 of this Article:
a) Within 05 working days from the day on which the complete
project application is received, the appraising agency shall send a written
request for appraisal or consultation on technology together with the
feasibility study report and legal documents related to agencies competent to
appraise or give technology-related consultation reposes. The contents of a
feasibility study report must contain the technology explanation as prescribed
in Clause 2, Article 16 of the Law on Technology Transfer 2017;
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c) The period of technology-related consultation response or
appraisal is 30 days for projects approved by the National Assembly, 20 days
for projects of group A, 15 days for projects of group B, 10 days for group C
projects and projects that only require economic - technical reports from the
date of receipt of complete applications; in cases where it is necessary to
extend the time for give a technology-related consultation response, the
extended time must not exceed the time limit prescribed for each type of
project mentioned above. The foregoing agency shall notify the appraising
agency of the extension in writing and clearly stating the reason;
d) If the said agency is also the appraising agency of the
project, the time limit for technology-related consultation response or
appraisal shall be included within the time limit for appraisal of the feasibility
study report.
Article 18. Approval for project and
construction decision
1. The appraising agency shall have to consolidate the
appraisal results and submit it to the investment-decision maker for approval
of the project or construction decision. The competence to decide construction
investment shall comply with Article 60 of the Construction Law 2014, amended
in Clause 17, Article 1 of Law No. 62/2020/QH14.
2. The approval of a PPP project by the competent agency
shall comply with the provisions of law on public private partnership
investment.
3. The decision on construction investment of the
investment-decision maker is shown in the decision on approval for the
construction project, including the following main contents:
a) Project name;
b) Investment-decision maker; investor;
c) Construction objectives and scale;
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dd) Location and area of land used;
e) Project group and type; type and class of main work(s);
design life of main work(s);
g) Number of design steps, list of mainly selected
standards;
h) Total investment; the value of the cost items in the total
investment;
i) Time for performance of the project, investment phases
(if any), term of the project (if any);
k) Sources of funds for investment and planned arrangement
of capital according to the project schedule;
l) Forms of project management applied;
m) Requirements for resources, exploitation and use of
natural resources (if any); compensation, support and resettlement plan (if
any);
n) Order of construction investment for construction works
involving state secrets (if any);
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4. The form of the decision on approval for the construction
project funded by public investment capital or state capital other than public
investment capital is specified in Form No. 03, Appendix I to this Decree.
Article 19. Adjustments to the construction
project
1. Construction projects funded by public investment capital
or state capital other than public investment capital shall be adjusted
according to the cases specified in Clause 1, Article 61 of the Construction
Law 2014, as amended in Clauses 18 and 64, Article 1 of Law No. 62/2020/QH14.
The adjustment to PPP projects is done in accordance with the law on public
private partnership investment. Adjustments to projects using other funds
comply with Clauses 3 and 4, Article 61 of the Construction Law 2014.
2. For adjusted construction projects, the construction
authority shall appraise modified feasibility study reports in the following
cases:
a) Adjustment to the project that has a change in the
purpose, scale of land use, or scale of construction investment;
b) When there is any change in the planning and architecture
items of the project in the approved detailed construction plannings, other
specialized technical plannings or investment policy decision/approval;
c) When the adjustment leads to an increase of the total
project investment for projects funded by public investment capital, projects
funded by state capital other than public investment capital;
d) When there is a change to the solution of arrangement of
major functions in the works, which leads to the need to re-evaluate the design
solutions to ensure construction safety, fire safety, and environmental
protection, and the project's compliance with technical regulations.
3. Competence and procedures for appraisal of adjusted
feasibility study reports of construction authorities comply with Articles 13,
14 and 15 of this Decree.
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4. Appraisal of adjusted feasibility study reports by the
construction authority, appraisal and approval of adjusted construction
projects by the investment-decision maker or competent agency for PPP projects
include the adjusted content or all of the project's contents after adjustment.
Section 2. MANAGEMENT OF
CONSTRUCTION PROJECTS
Article 20. Selection of forms of
construction project management
1. For a project funded by public investment capital, the
investment-decision maker shall select the project management form specified in
Clause 2, Article 62 of the Construction Law 2014, amended in Clause 19,
Article 1. Law No. 62/2020/QH14, in specific:
a) The investment-decision maker decides to apply the form
of field-based PMB, area-based PMB on the basis of the number and progress of
projects in the same field, in the same route, in an administrative area or at
the request of the fund granting body;
b) In case the form of project management under Point a of
this Clause is not applied, the investment-decision maker shall decide to apply
the form of single-project PMB or the investor shall manage the project by
itself or engage a project management consultant to do it.
2. For a project funded by state capital other than public
investment capital or other funds, the investment-decision maker shall select
the project management form specified in Clause 1, Article 62 of the
Construction Law 2014, amended in Clause 19, Article 1. Law No. 62/2020/QH14,
in accordance with management requirements and project specific conditions.
3. With regard to projects funded by ODA or concessional
loans granted by foreign donors, organizations in charge of CPM shall comply
with regulations of international agreements on ODA or agreements with donors.
If the international agreements on ODA or agreements with donors do not
promulgate organizations in charge of CPM, it shall comply with this Decree.
4. For PPP projects, the project management form shall
comply with the provisions at Points a, b, c and d, Clause 1, Article 62 of the
Construction Law 2014, amended in Clause 19 of Article. 1 of Law No.
62/2020/QH14 in accordance with management requirements, project specific
conditions and arrangements in the project contract.
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1. The competent person establishing field-based PMB or
area-based PMB shall decide number, functions, tasks, organizational structure
and operation of field-based PMBs or area-based PMBs manage the project in
accordance with management requirements and project specific conditions.
2. Competence to establish and organize operation of the
field-based PMB or the area-based PMB:
a) Heads of central agencies, Presidents of People's
Committees of provinces and districts shall set up field-based PMBs and
area-based PMBs to act as investors of a number of projects and, at the same
time, manage multiple projects funded by public investment capital under their
management.
In case the General Director is authorized or designated by
the Minister to decide construction projects in the same field, route or in the
same administrative area, depending on the number and scale of projects to be
assigned or designated, the Minister may assign the General Director to
establish field-based PMBs and area-based PMBs to manage these projects;
b) For projects funded by state capital other than public
investment capital or other funds, the competent representatives of agencies,
organizations or enterprises shall establish field-based PMBs, area-based PMBs
according to management requirements and project specific conditions;
c) Field-based PMBs and area-based PMBs established by
competent agencies as prescribed at Point a of this Clause are public sector
entities. The organizational structure of a field-based PMB or area-based PMB
complies with Clause 5 of this Article.
3. The number of field-based PMBs and area-based PMBs to be
established shall be considered by the establishment-decision maker, in
specific:
a) For ministries, central agencies: Field-based PMBs or
area-based PMBs shall be established suitable for the field of their management
or requirements for infrastructure at administrative divisions. The
organization of field-based PMBs or area-based PMBs affiliated to the Ministry
of National Defense or the Ministry of Public Security shall be decided by
their Ministers that suitable for particular requirements of field management;
b) For provincial level: The President of the People’s
Committee of province shall decide to establish field-based PMBs, area-based
PMBs to manage construction projects according to their assigned fields as
classified in Appendix IX hereto or according to the construction investment
area;
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4. The field-based PMB or the area-based PMB may provide
project management consultancy for other projects or perform some consultancy
work provided that it ensures the fulfillment of the assigned project
management and qualified for consultancy of such projects.
5. Field-based PMBs or area-based PMBs shall be organized in
conformity with their tasks, number and scope of their projects and consist of:
a) The Board of Directors, project managers and affiliated
units that help the field-based PMB or the area-based PMB to act as the
investor and manage the project;
b) The project manager of the field-based PMB or the
area-based PMB must be qualified as prescribed in Article 73 of this Decree;
persons in charge of specialized fields must obtain practice certificates of
construction supervision, construction valuation with the rank appropriate to
the project group, class of works and jobs undertaken.
6. The operation regulation of the field-based PMB or the
area-based PMB shall be approved by the establishment-decision maker, which
clarifies rights and obligations of departments acting as the investor and
departments managing the project in accordance with law on construction and relevant
law provisions.
Article 22. Single-project PMB
1. For construction projects not falling into the cases
specified at Point a, Clause 1, Article 20 of this Decree or projects of
special nature, according to the decision on approval for construction project,
the investor shall establish a single-project PMB to manage one or certain
construction projects under its management.
2. The single-project PMB is an organization affiliated to
the investor which uses its own seal and open its account at a State Treasury
and a commercial bank as prescribed; exercise rights and fulfill obligations of
the investor; take legal liability and be held accountable to the
investment-decision maker for its operation.
3. The project manager of the single-project PMB must be qualified
as prescribed in Article 73 of this Decree; persons in charge of specialized
fields must obtain practice certificates of construction supervision,
construction valuation with the rank appropriate to the project group, class of
works and jobs undertaken.
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5. The single-project PMB as provided for in this Article
dissolves itself after the completion of the project management.
Article 23. The investor managing a
project by their own
1. The investor shall use its legal status and professional
apparatuses with all conditions and capacities to manage a construction project.
In case of ineligibility for the management, the investor may hire
organizations or individuals that are qualified under this Decree to engage in
the project management.
2. The project manager must fully meet the eligibility
specified in Article 73 of this Decree, except for the management of a
construction project requiring an economic-technical report.
3. Individuals engaged in the project management shall work
on a full-time or part-time basis subject to the investor's decision and must
have professional expertise suitable to the requirements of the tasks taken.
Article 24. Engaging construction
project management consultancies
1. The construction project management consultancy may
partially or totally construction project management tasks according to the
agreement concluded with the investor.
2. The selected construction project management consultancy
must send notifications of rights and obligations of the representative and the
steering apparatus of project to the investor and relevant contractors.
3. The investor must observe the execution of construction
project management consultancy contract, deal with issues arising between the
construction project management consultancy, contractors and local governments
during the project process.
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Chapter III
SURVEY, FORMULATION,
APPROVAL FOR CONSTRUCTION DESIGN
Section 1. CONSTRUCTION SURVEY
Article 25. Procedures for
construction survey
1. Establish and approve the construction survey objectives.
2. Establish and approve the technical construction survey
plan.
3. Carry out construction survey.
4. Inspect, grant acceptance and approve the technical
construction survey result.
Article 26. Construction survey
objectives
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2. The construction survey objectives shall be established
by the designing contractor. In case the designing contractor has not been
chosen or in other survey circumstances, the investment-decision maker or the
investor or authority having competence to establish a PPP project may hire a
qualified organization/individual to establish the plan on construction survey
objectives.
3. The construction survey objectives shall be designated to
the surveying contractor by the investor through the conclusion of an agreement
on construction survey or designated to the designing contractor if the
designing contractor performs both construction survey and construction design.
4. The plan on construction survey objectives shall include:
a) Targets of construction survey;
b) Scope of construction survey;
c) Requirements for application of technical regulations and
standards on construction survey;
d) Estimate of activities for construction survey and cost
estimate for construction survey activities (if any);
dd) Duration of construction survey.
5. The plan on construction survey objectives shall be
modified if:
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b) During the engineering planning process, the designing
contractor discovers that the construction survey objectives and/or the
construction survey report do not satisfy the engineering plan requirements;
c) During the construction process, a number of geological
factors are determined unusual from the survey objectives approved by the
investor or engineering contract that may affect the quality of construction
and/or the measures for construction.
6. When establishing the survey, the designing contractor
shall base on the survey objectives and the survey results of the previous
engineering plan step and the result of relevant survey that is completed
before (if any).
Article 27. Technical construction
survey plan
1. The surveying contractor shall establish the technical
construction survey plan according to the construction survey objectives.
2. The technical construction survey plan shall include:
a) Basis for establishing technical construction survey
plan;
b) Specification of contents and loads construction survey
task;
c) Measures, equipment and laboratories used for
construction survey activities;
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dd) Organization carrying the survey and measures for
quality control for construction surveying contractor;
e) Surveying process;
g) Measures for ensuring the safety of human, equipment,
technical infrastructure constructions and other constructions in the surveyed
area; measures for environmental protection and preservation of landscape in
the surveyed area and restoration of the site after the survey.
3. The investor is in charge of checking and engaging a
consulting unit qualified for appraising the technical construction survey plan
and approving the technical construction survey plan as stated in the
agreement.
Article 28. Quality control in
construction survey activities
1. The surveying contractor shall arrange sufficiently the
eligible people to conduct the surveys according to the regulation in the
construction contract; assign an eligible person to be the director of the
survey and apply the measures for quality control specified in the technical
construction survey plan.
2. Subject to the scope and type of survey, the investor
shall, on its own or engage a qualified organization or individual to,
supervise the construction survey as follows:
a) Inspect the actual proficiency of the construction
surveying contractor, including human resources, surveying equipment used on
the site and in laboratory (if any) in
comparison with the approved technical construction survey plan and the
regulations in the construction contract;
b) Conduct supervision and inspection over the conduction of
construction survey, including: location, survey load, surveying process,
retention of surveying data and testing sample; inspection over the experiment
in laboratory and on-site; inspect the ensuring of labor safety and
environmental safety during the survey.
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Article 29. Content of construction
survey report
1. Basis for construction survey
2. Procedures and methods for construction survey.
3. The generality of location and natural conditions of the
construction survey site, characteristics and scope of the construction.
4. Load of completed construction surveys.
5. Experimented and analyzed result and data from
construction survey.
6. The opinions, notes and/or suggestions (if any).
7. Conclusions and proposed solutions.
8. Appendixes.
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1. The investor shall approve the construction survey report
in a separate document or in the construction survey report. The investor may
require the designing contractor or engage a qualified consulting unit to
checking the construction survey report before approval.
2. The surveying contractors shall be responsible for the
quality of their construction survey. The approval for construction survey
report of the investor does not cause change or reduce the responsibilities for
the quality of construction survey carried out by the surveying contractor.
3. The construction survey report is a part of the
construction completion dossier and shall be kept as prescribed.
Section 2. CONSTRUCTION DESIGN
Article 31. Construction design
phases
1. Subject to scope and nature of a project, the number of
construction design phases shall be determined in the decision on approval for
construction project.
2. Details of each phase shall comply with regulation of law
on construction and conform to the construction design purposes and objectives
set out for such phase.
3. If there are at least 2 steps in the construction design
of a building work, the content and specifications of two consecutive steps of
design must be conformable. In the process of preparing of construction design
following the basic design, the investor is allowed to decide the design
adjustment to meet efficiency and usage requirements without changing the
approved purposes, functions, scope, planning - architecture items in detailed
construction planning or investment policy decision/approval.
4. The investor shall prepare construction design, except
for construction design steps assigned to the construction contractor under the
contract.
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Article 32. Construction design
objectives
1. The investor or eligible organizations/individuals hired
by the investor shall establish the construction design objectives.
2. The construction design objectives shall be conformable
with the investment policy and prevail as a basis for establishing construction
project and construction design. The investor may hire a consulting
organization or a consulting expert to give consultancy or inspect the design
objectives if necessary.
3. The construction design objectives shall include the
following main contents:
a) Basis for establishing the construction design
objectives;
b) Purposes of construction;
c) Location of construction;
d) Requirements on planning, landscape and architecture of
the works;
dd) Requirements on scale and time limit for the use of
works, functions and other technical requirement on the works.
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Article 33. Format of construction
design documents
1. Format of construction design documents is governed as
follows:
a) Design documents shall be established for particular
works, including: description of the design plan, spreadsheets, drawings,
relevant construction survey documents, construction estimate, technical
instructions and construction maintenance process (if any);
b) Size, scale and title block of the drawing shall satisfy
the applicable criteria for construction. The title block of each drawing shall
include names and signatures of the direct designer, the design inspector, the
design president, and the design chairperson. The legal representative of the
design contractor shall certify and bear its seal if the design contractor is
an organization;
c) The description, drawing and estimate shall be bound
together, shall be enumerated with number and symbol for long-term searching
and retention;
d) The Minister of Construction shall regulate national
standards for format and contents of design documents equivalent to every
construction design step.
2. Technical instructions:
a) Technical instructions are the basis for the supervision,
construction and acceptance of the construction works. Technical instructions
shall be established by the design contractor or the consulting contractor that
are hired by the investor. The approved technical instructions are a part of
invitation for construction bidding, the basis for management, supervision and
acceptance for construction works;
The technical instructions shall conform with the technical
standards, the criteria applied to the approved construction and the
requirements of the construction engineering plan;
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3. Design documents form a part of the as-built documents
and shall be kept as prescribed by the Government on quality control and
maintenance of construction works and archives regulations.
Article 34. Control for construction
design plan
1. Design contractors shall take responsibility for quality
of construction designs made by themselves; the inspection, appraisal of and
approval for a construction design carried out by an individual, organization,
the investor, investment-decision maker or a construction authority shall not
substitute or diminish responsibility of the design contractor as to the said
construction design.
2. If the design contractor acts as a general design
contractor, it shall take charge of primary design works and be held
accountable to performance of the contract with the Employer. The design
subcontractor shall be held accountable for progress and quality to the general
design contractor and to the law for their work taken.
3. In the course of design of construction works in a
project of national importance, a project with large scale, complex
engineering, the design contractor may request the investor to carry out
certain simulation tests and inspections to check out the operation functions
of the works to complete the construction design and ensure technical
instructions and safety requirements.
4. After the design documents are appraised and approved as
prescribed, the investor shall inspect the amount of works performed, the
conformity as to format and quantity of the design documents with provisions of
the construction contract and give a written notice of acceptance of the design
documents to the design contractor if qualified.
Section 3. APPRAISAL AND APPROVAL OF
CONSTRUCTION DESIGN FOLLOWING BASIC DESIGN
Article 35. Appraisal and approval
of construction design following basic design
1. The investor or an specialized affiliate of the
investment-decision maker (if the investment-decision maker is in charge of
appraisal) shall carry out the appraisal as prescribed in Articles 82 and 83 of
the Construction Law 2014, amended in clauses 24 and 25 Article 1 of the Law
No. 62/2020/QH14.
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3. In the course of the appraisal, the investor or
specialized affiliate of the investment-decision maker or the construction
authority may invite other specialists to join such appraisal.
4. The construction design assessment of construction works
specified in clause 6 Article 82 of the Construction Law 2014, amended in
clauses 24 and 25 Article 1 of the Law No. 62/2020/QH14 is follows:
a) During the assessment, if the assessment report has
insufficient grounds to reach an assessment conclusion, the construction
authority may request additional information to complete the assessment report;
b) The assessment consulting organization shall be legally
and financially independent from the investor and construction design
consulting contractors;
c) Contents of an assessment report are provided in form No.
05 of Appendix I hereto. The drawings which have been assessed must bear a seal
as prescribed in Form No. 08 of Appendix I hereto.
5. The investor shall consolidate the appraisal result of
the construction design following the basic design given by the construction
authority and documents of relevant agencies to form the basis for approval of
the design. The appraisal result and approval of the investor shall be
demonstrated in a decision on approval for construction design as prescribed in
Form No. 07 of Appendix I hereto.
6. The appraisal of the construction design following the
basic design shall be performed with all the works, or each work of the
project, or parts of works according to the construction stage at the request
of the investor provided that the consistency of the contents and basis of
calculation in the appraisal results are ensured.
Article 36. Appraisal of designs
following basic design by construction authorities
1. For construction works under projects funded by public
investment capital, construction authorities shall appraise construction design
steps following basic design for construction works under specialized
management according to the provisions of Article 109 of this Decree, in
specific:
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b) A construction authority affiliated to provincial-level
People's Committee shall appraise works under projects in the administrative
area of the province, except for works specified at Point a of this Clause;
c) A construction authority affiliated to the People's
Committee of Hanoi or Ho Chi Minh City shall appraise works under a project
with the investment decision made by the President of the People's Committee of
City or an individual authorized or delegated by the President.
2. For construction works under projects funded by public
investment capital, construction authorities shall appraise construction design
steps following basic design for construction works of group B and higher,
works with great impact on community safety and benefits, under specialized
management according to the provisions of Article 109 of this Decree, in
specific:
a) The construction authorities under Ministries in charge
of field-based construction works shall appraise the works belonging to the
following projects: projects with investment policies approved by the National
Assembly or the Prime Minister; group A projects; group B projects with the
investment decisions made by Ministers, heads of central agencies, heads of
economic groups or state-owned general companies or other individuals
authorized or delegated by the former people; projects with works of special
class, class I; projects located in 2 provinces or more; projects of group C
under the specialized management, with investment decisions made by the
Ministry in charge of field-based construction works (to which the construction
authority is affiliated) or other agencies/individuals authorized or delegated
by the Ministry in charge of field-based construction works; except for works
specified at Point c of this Clause;
b) A construction authority affiliated to provincial-level
People's Committee shall appraise works under projects in the administrative
area of the province, except for works specified at Point a of this Clause;
c) A construction authority affiliated to the People's
Committee of Hanoi or Ho Chi Minh City shall appraise works under a project
with the investment decision made by the President of the People's Committee of
City or an individual authorized or delegated by the President.
3. For PPP projects, construction authorities shall appraise
construction design steps following basic design for construction works under
specialized management according to the provisions of Article 109 of this
Decree, in specific:
a) The construction authorities under Ministries in charge
of field-based construction works shall appraise the works belonging to the
following projects: projects with investment policies approved by the National
Assembly or the Prime Minister; projects with the investment decisions made by
Ministers, heads of central agencies or other agencies as prescribed in law on
public-private partnerships investment or other individuals authorized or
delegated by the former people; projects with works of special class, class I;
projects located in 2 provinces or more;
b) A construction authority affiliated to provincial-level People's
Committee shall appraise works under PPP projects in the administrative area of
the province, except for works specified at Point a of this Clause.
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a) A construction authority under Ministry in charge of
field-based construction works shall appraise the works in projects with great
impact on community safety and benefits, including: projects with works of
special class, class I; projects located in two provinces or more;
A construction authority affiliated to the People's
Committees of province shall appraise the works in projects with great impact
on community safety and benefits, except for the works in point a hereof.
5. For a mixed project consisting of varied types of works,
the appraisal competence of the construction authority is determined according
to the specialized management specified in Article 109 of this Decree in
conformity with the functions of the main works of a project or main works of
highest class in case the project has many main works.
If a project has many works of the same type with varied
classes, the appraising agency must appraise the works with the highest class
of the project.
6. Appraisal of the FEED design step for contractor
selection in case of performance of an Engineering, Procurement, Construction
contract (hereinafter referred to as engineering documents in EPC bidding) or
another design step implemented in accordance with international practices
specified at Points a and d, Clause 2, Article 82 of the Law on Construction in
2014, as amended and supplemented in Clause 24, Article 1 of Law No.
62/2020/QH14 of the construction authority is prescribed as follows:
a) The construction authority shall appraise the matters
specified in Clauses 2 and 3, Article 83a, added in Clause 26, Article 1 of Law
No. 62/2020/QH14 (hereinafter referred to as Article 83a of Construction Law)
for construction design documents seeking appraisal that have full contents as
prescribed in Article 80 of the Law on Construction 2014;
b) If the engineering documents in EPC bidding documents do
not have adequate contents as prescribed in Article 80 of the Law on
Construction 2014 as a basis for assessment of construction safety, fire
safety, the construction authority shall appraise the contents specified in
Clauses 2 and 3, except for the contents specified at Points c and dd, Clause
2, Article 83a of the Construction Law as the basis for the investor to appraise
and approve the engineering documents in EPC bidding documents. And, in a
notification of appraisal result, the construction authority shall require the
investor to further submit engineering documents with full contents to appraise
these contents as prescribed in Points c and dd, Clause 2, Article 83a of the
Construction Law.
In a notification of supplemental appraisal result, the
construction authority shall require the investor to send documents proving the
eligibility of requirements for issuance of construction permit to the local
construction authority enclosed with a notice of commencement for supervision
as prescribed in Article 56 hereof for construction designs qualified for
approval and eligible for exemption of construction permit as prescribed in
Clause 2, Article 89 of the Law on Construction 2014, which is amended and
supplemented in Clause 30, Article 1 of Law No. 62/2020/QH14.
Article 37. Application for
appraisal of design following basic design to construction authorities
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2. The application for appraisal shall ensure the legality
and conformity with the matters seeking appraisal. The application for
appraisal shall be considered valid when it has full contents specified in
clause 3 hereof, is made in proper format, primarily written in Vietnamese and
certificated by the applicant. The part of the architectural design documents
in the construction design documents (if any) should comply with the provisions
of the law on architecture.
3. An application for appraisal of construction design
following basic design includes:
a) Application form for appraisal using the form No. 04 of Appendix
I hereto;
b) The enclosed legal documents, including: a decision on
approval for the construction project together with an approved feasibility
study report; a notice of appraisal result of the construction authority and
the basic design drawings enclosed with a certification stamp (if any); a
report on the construction design assessment result of the assessment
consulting contractor certified by the investor (if required); a document on
evaluation and approval of fire safety design, result of environmental impact
assessment in accordance with the law on environmental protection (if required)
and other relevant documents;
Procedures for fire safety shall be completed in parallel,
no fire safety document is required at the time of submission of the appraisal
application, but the completion of fire safety procedures must be sent to the
construction authority before the deadline for notification of appraisal
result;
c) Construction survey documents approved by the investor;
construction design documents of the construction design step seeking
appraisal;
d) Construction eligibility certificate codes of the survey
contractor, construction design contractor, assessment contractor; construction
practice certificate codes of the titles of construction survey president,
design president, chairperson; assessment president, chairperson; construction
operating license of foreign contractor (if any);
dd) For a work funded by public investment capital, state
capital other than public investment capital that requires appraisal of
construction estimate, in addition to the requirements specified in point a,
point b, point c and point d clause, the dossier must also have construction
cost estimates; relevant information and data on relevant prices and norms to
determine construction cost estimates; quotations, valuation results (if any).
Article 38. Process of appraisal of
design following basic design at construction authorities
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a) Request the applicant in writing for supplemental
documents (where necessary, such a request is only made once during the
appraisal process). In a case where consultation from relevant agencies is
needed, the appraising agency shall request the applicant for supplemental
documents on consultation matters;
b) Return of appraisal application in case of rejection
specified in clause 2 Article 15 hereof.
2. Within 20 days after receiving the above request of the
construction authority, if the applicant fails to supplement the documents
required, the appraising agency shall suspend the appraisal and the applicant
shall re-submit an appraisal application upon further request.
3. The construction authority shall carry out the appraisal
following the interlinked single-window system as prescribed in the Law No.
62/2020/QH14.
4. During the appraisal process, the construction authority
has the right to suspend the appraisal (not more than one time) and promptly
notify the appraisal applicant of errors and misstatements in the application
which leads to ineligibility to make an appraisal conclusion. In case the
above-mentioned errors and misstatements are not corrected within 20 days, the
construction authority shall stop the appraisal, and the appraisal applicant
shall re-submit an application for appraisal upon request.
5. The appraisal result must contain the evaluation and
conclusion on satisfaction of requirements for each appraisal matter as
prescribed in Article 83a of the Construction Law, requirements for the
investment-decision maker, investor, and the competent agency for the PPP
project. The appraisal result shall be sent to the applicant for consolidation
and to the local construction authority for supervision.
For construction designs qualified for approval and
exemption from construction permit according to Point g, Clause 2, Article 89
of the Construction Law 2014 , which is amended and supplemented in Clause 30,
Article 1 of Law No. 62/2020/QH14, the appraisal result shall also require the
investor to send documents proving the eligibility of requirements for issuance
of construction permit to the local construction authority together with the
commencement notice for monitoring and management as prescribed in Article 56
of this Decree.
The notification of appraisal result of construction design
following basic design is specified in Form No.06, Appendix I to this Decree.
6. The stamping and archival of appraisal dossiers at the
construction authorities comply with the provisions of Clause 7, Article 15 of
this Decree.
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a) Within 40 days regarding class I and special class
construction works;
b) Within 30 days regarding class II and class III
construction works;
c) Within 20 days regarding remaining construction works.
Article 39. Appraisal for
modification to construction design following basic design
1. The construction authority, according to their competence
defined in Article 36 of this Decree, shall appraise the modification to the
construction design in the following cases:
a) Modification and supplementation to construction design
with changes in geotechnical engineering, design loads, structural solutions,
materials used for load-bearing structures and execution plan that affects
load-bearing safety of the project;
b) When modifying the construction project, the modification
to the basic design is required.
2. The assessment of modified construction design shall
comply with Clause 4, Article 35 of this Decree.
3. For the modified and supplemented construction design not
specified in Clause 1 of this Article, the investor shall organize the
appraisal themselves as the basis for approval.
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5. Application for appraisal of modification to construction
design:
a) Required documents in Article 37 hereof;
b) Report on the investor's execution of the works (in case
the work has been constructed).
Article 40. Approval for
construction design following basic design
1. The approval for construction design following basic
design by the investor shall be demonstrated in an appraisal decision,
containing at least the following:
a) Approver;
b) Name of the work or part of the work;
c) Project name;
d) Type and class of the work;
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e) The contractor that prepares construction survey report;
g) The contractor that prepares construction design;
h) The unit that assesses the construction design;
i) Scale and technical specifications; design solutions to
efficiently use energy and save resources (if any);
k) Design life of the work;
l) Value of construction estimate by each cost item;
m) Others.
2. The form of the decision on approving the construction
design following basic design for projects funded by public investment capital
or state capital other than public investment capital is specified in Form No.
07, Appendix I to this Decree.
3. In the case of project management in the form of
field-based PMB, area-based PMB or single-project PMB, the investor shall
authorize the affiliated PMB to approve the construction design.
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Chapter IV
CONSTRUCTION PERMIT AND
CONSTRUCTION ORDER MANAGEMENT
Article 41. Requirements for
issuance of construction permit
1. Requirements for issuance of a construction permit shall
comply with Article 91, Article 92, Article 93 and Article 94 of the Law on
Construction dated 2014, amended in the Law on Architecture 2019 and the Law
No. 62/2020/QH14.
2. For areas without urban planning, construction planning
for functional areas or detailed construction planning for rural residential
area, a planning which is of technical nature, relevant fields or regulations
on architectural management or a document of a competent authority approving
the location and layout drawing (for works not built by routes outside urban
areas) is the basis for consideration of granting a construction permit.
3. As for a work under a construction project that does not
require formulation of a detailed construction planning according to the
provisions of law on plannings, a work of a construction project implemented by
a corporate investor with the scale of less than 05 hectares (less than 02
hectares for a project to build condominiums), a zoning planning is the basis
to consider granting a construction permit.
4. As for a work with great impact on community safety and
benefits which requires assessment as prescribed in clause 6 Article 82 of the
Law on Construction 2014, amended in the Law on Architecture 2019 and the Law
No. 62/2020/QH14, an assessment report, in addition to the investor's own
requirements, must have a conclusion specifying that the construction design
documents meet the construction safety requirements and comply with technical
standards and regulations.
Article 42. General provisions on
application for issuance of construction permit
1. An application for issuance of a construction license
shall be sent in person to the licensing agency or via the online public
service system according to regulations.
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3. Construction design drawings in an application for issuance
of construction license must comply with regulations on format of construction
design documents according to Article 33 of this Decree.
4. When submitting the application in the form of electronic
copies, the investor only needs to submit 1 set of construction design
drawings.
Article 43. Application for issuance
of construction permits in case of new construction
1. For works not built by routes:
a) An application form for issuance of construction permit
No. 01 of Appendix II hereto;
b) A copy of one in written proofs of land use rights as
prescribed in legislation on land;
c) Project approval decision; the written notice of
appraisal result of the construction authority and the basic design drawing
documents enclosed with a certification stamp (if any); report on construction
design assessment result according to the provisions of Clause 4, Article 41 of
this Decree; certificate of fire safety design appraisal and approved documents
and drawings enclosed as per the law on fire safety; result of environmental
protection in accordance with the law on environmental protection in case of
failure to appraise the feasibility study report at the construction authority;
d) 02 sets of construction drawings in the construction
design documents following the basic design approved in accordance with the
construction law, including: master plan of the project, site plan showing the
location of the work; architectural drawings of primary plans, elevations and
sections of the works; footing plans and sections; drawings reflecting
structural solutions of the work; site plan linked with outside infrastructure.
2. For works built by routes:
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b) One in written proofs of land use rights as prescribed in
legislation on land or an approval of the competent authority on location and
route plan or a land expropriation decision of the competent authority as per
the land law;
c) Documents specified in point c clause 1 hereof;
d) 02 sets of construction drawings in the construction
design documents following the basic design approved in accordance with the
construction law, including: diagram of route of works; master plan of the
project or topographical plan, primary longitudinal sections and cross sections
of the route of the work; footing plans and sections; drawings reflecting
structural solutions of the work; site plan linked with outside infrastructure.
3. For works of belief or religion:
a) An application for a construction permit for religious
works includes documents as prescribed in Clause 1 of this Article and a
written approval of the need to build and work size of the authority in charge
of belief and religion affiliated to the People's Committee of the province;
b) An application for a construction permit for belief works
includes the documents specified in Article 46 of this Decree and opinions of
the authority in charge of belief and religion affiliated to the People's
Committee of the province (if regulated by the law on belief and religion); a
report on the result of construction design assessment for religious works with
great impact on community safety and benefits;
c) As for an application for the construction permit of
works of belief or religion under a project on preservation, restoration and
restoration of historical - cultural relics, scenic beauties, in addition to
the prescribed documents in Points a and b of this Clause, documents on the
necessity to build and work size of cultural authority must be added in
accordance with the law on cultural heritage.
4. Monuments, murals:
An application for a construction permit includes documents
as prescribed in Clause 1 of this Article and a written approval of the need to
build and work size of the cultural authority.
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Comply with the law on advertising.
6. For works of diplomatic missions and international
organizations:
Applications for construction permits for works of
diplomatic missions, international organizations and foreign agencies investing
in Vietnam shall comply with the respective provisions in Clause 1 or 2 of this
Article and the provisions of agreements signed with the Government of Vietnam.
Article 44. Application for issuance
of a construction permit by stages
1. For works not built by routes:
a) An application form for issuance of construction permit
No. 01 of Appendix II hereto;
b) A copy of one in written proofs of land use rights as
prescribed in legislation on land;
c) Required documents specified in point c clause 1 Article
43 hereof;
d) 02 sets of construction design drawings in construction
design documents following the basic design approved in accordance with the
construction law corresponding to the stage for which a construction permit is
sought as specified at Point d, Clause 1, Article 43 of this Decree.
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a) An application form for issuance of construction permit
No. 01 of Appendix II hereto;
b) One in written proofs of land use rights as prescribed in
legislation on land or an approval of the competent authority on location and
route plan or a land expropriation decision of the competent authority with
respect to a part of land executed by stages or the land for the entire project
as per the land law;
c) Required documents specified in point c clause 1 Article
43 hereof;
d) 02 sets of construction design drawings in construction
design documents following the basic design approved in accordance with the
construction law corresponding to the stage for which a construction permit is
sought as specified at Point d, Clause 2, Article 43 of this Decree.
Article 45. Application for issuance
of a construction permit to project, group of works in project
1. An application form for issuance of construction permit
No. 01 of Appendix II hereto.
2. One in written proofs of land use rights as prescribed in
legislation on land with respect to a group of works or the entire project.
3. Required documents specified in point c clause 1 Article
43 hereof;
4. 02 sets of construction design drawings in construction
design documents following the basic design approved in accordance with the
construction law of each work in a group of works or the entire project,
including:
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b) Construction design documents prescribed in point d
clause 2 Article 43 hereof for a work built by route.
Article 46. Application for issuance
of a construction permit for detached house
1. An application form for issuance of construction permit No.
01 of Appendix II hereto.
2. One in written proofs of land use rights as prescribed in
legislation on land.
3. 02 sets of construction design drawings, enclosed with
the fire safety design appraisal certificates, together with the appraised
drawings if required by the law on fire safety; report on the result of
construction design assessment if required by law on construction, including:
a) Work plan on the land plot, enclosed with the work
location diagram;
b) Floor plan, elevations and sections of the work;
c) Footing plan and sections enclosed with connection
diagram of infrastructure outside the work including water supply and drainage,
power supply;
d) For construction works with adjacent works, there must be
a written commitment to ensure safety for the adjacent works.
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Article 47. Application for issuance
of a construction permit in case of repair and renovation of works
1. An application for issuance of repair or renovation
permit of detached house and work using Form No. 01 Appendix II hereto.
2. One of the documents proving the ownership, management
and use of the work or detached house according to the provisions of law.
3. As-built drawings of parts of the works expected to be
repaired or renovated, approved as prescribed in a scale in proportion to the
scale of the drawings of the application for repair and renovation permit and
photos (minimum size 10 x 15 cm) of actual existing condition of the work and
adjacent works before the repair and renovation.
4. Repair, renovation design documents equivalent to each
type of work as prescribed in Article 43 or Article 46 hereof.
5. For works of historical and cultural relics and scenic
beauties that have been ranked, there must be a written approval of the need
for construction and work size issued by the cultural authority.
Article 48. Application for issuance
of a structure relocation permit
1. An application for issuance of structure relocation
permit using Form No. 01 Appendix II hereto.
2. Required documents in clauses 2, 3, 4 and 5 Article 97 of
the Law on Construction 2014.
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Passive telecom infrastructure exempt from construction
permits are specified in Point dd, Clause 2, Article 89 of the Law on
Construction in 2014, amended and supplemented in Clause 30, Article 1 of Law
No. 62/2020/QH14, including:
1. Antenna masts of an antenna mast system outside the urban
area in accordance with the planning on construction of passive telecom
infrastructure approved by a competent authority or approved by a agency
authorized to approve the route direction.
2. A1-type antenna masts as prescribed in the law on
telecommunications installed in urban areas in conformity with planning for
passive telecom infrastructure approved by the competent authority.
Article 50. Construction permit with
a definite term
1. Pursuant to Article 94 of the Law on Construction 2014,
amended in Clause 33, Article 1 of Law No. 62/2020/QH14 and on the basis of the
construction planning implementation plan, construction location, the People’s
Committee of province shall promulgate specific regulations on the scale and
height of new construction works and works for which a repair and renovation
permit is sought; service life of the works as a basis for granting a
construction permit with a definite term.
2. The application for issuance of a construction permit
with a definite term shall comply with regulations on construction works or
detached houses prescribed in Article 43 and Article 46 hereof. Particularly,
the title of the application is changed to "Application for construction
permit with a definite term".
Article 51. Modification to and
renewal of construction permit
1. The modification to and renewal of construction permits
comply with Articles 98 and 99 of the Construction Law 2014 . The investor is
not required to modify a construction permit in case of adjustment of the
construction designs without changing the main entries stated in the
construction permit and construction design drawings enclosed to the issued
construction permit.
2. Application for modification to construction permit
includes:
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b) An original of the issued construction permit;
c) 02 sets of construction design drawings in adjusted
construction design documents following the basic design approved in accordance
with the relevant construction law as prescribed in Article 43, Article 44,
Article 45, Article 46 or Article 47 of this Decree;
d) A report on appraisal results and approved adjusted
construction design (except for detached houses) of the investor, which must
contain the content about load-bearing safety, fire safety, environmental
protection.
3. Application for renewal of construction permit includes:
a) An application form for renewal of construction permit
No. 02 of Appendix II hereto;
b) An original of the issued construction permit;
Article 52. Re-issuance of
construction license
1. Construction permits shall be re-issued in case of being
torn or lost.
2. Application for re-issuance of construction permit
includes:
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b) An original of the construction permit, which has been
issued, in case of being torn. A commitment to be self-responsible for the loss
of the construction permit of the investor in case of lost construction permit.
Article 53. Revocation and
cancellation of construction permit
1. A construction permit shall be revoked in one of the
following cases:
a) The construction permit is issued in contravention of
law, including: Falsifying documents in the application for issuance of
construction permit; the construction permit is misstated due to the fault of
the construction permit-issuing agency; the construction permit was issued
ultra vires;
b) If the investor fails to remedy the breach of
construction specified in the construction permit within a given time stated in
the penalty document made by the competent authority.
2. Procedures for revocation of construction permit:
a) Within 10 days from the moment where it is grounded to determine
that the construction permit falls under one of the cases in clause 1 hereof,
the competent authority shall issue a decision on revocation of the
construction permit;
b) The said competent authority shall send the decision on
revocation of the construction permit to the organization/individual from which
the construction permit is revoked and post it on its website; and send the
information to the People’s Committee of commune where the construction work is
located to make public at the People’s Committee of commune within 5 working
days since of the date of the decision.
c) The organization or individual whose construction permit
is revoked shall return the original of such permit to the authority that
issues the revocation decision within 05 days from the receipt of the
revocation decision;
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3. The procedures for issuance of a construction permit
after being revoked:
a) The agency competent to issue a construction permit shall
re-issue a construction permit within 5 working days from the date of issuance
of decision on revocation or cancellation of the construction permit in a case
where the construction permit was misstated at the fault of the construction
issuing agency;
b) The organization or individual whose construction permit
is revoked in the remaining cases specified in Clause 1 of this Article may
apply for a construction permit under the provisions of this Decree after
having returned the construction permit or having the construction permit cancelled
and has fulfilled the responsibilities and obligations in accordance with the
law.
Article 54. Procedures and matters
to be checked for issuance of construction permit
1. Procedures for issuance of construction permit:
a) The issuing agency shall verify and assess applications
and issue construction permits according to the process specified in Article
102 of the Law on Construction 2014, amended in Clause 36 Article 1 of Law No.
62/2020/QH14;
b) The issuing agency shall use their digital signature or
the seal specimen as prescribed in Form No. 13, Appendix II of this Decree to
affix on the design drawings enclosed with construction permit issued to the
investor.
2. The issuing agency shall ensure that all the eligibility
requirements for issuance of a construction permit specified in Article 41
hereof are met. The matters which have been appraised and assessed as per the
law shall be double-checked as follows:
a) Comparing the conformity of construction design drawings
in the application for the construction permit with the basic design appraised
by the construction authority and affixed the stamp for the works under the
projects requiring appraisal of feasibility study reports by the construction
authority;
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c) Checking the completeness and validity of the report on
assessment results for works requiring design assessment according to the
provisions of this Decree.
Article 55. Publication of
construction permit
1. The issuing agency shall publish the contents of the
issued construction permits on its website.
2. The investor shall publish the contents of the
construction permit at the construction sites during the construction process
so that other entities can monitor and supervise according to the provisions of
relevant law.
Article 56. Construction order
management
1. Construction order management must be carried out after
receipt of the notice of commencement to the time when the works are handed
over and put into operation in order to detect, stop and handle any violation
in a timely manner.
2. Details of construction order management:
a) For works that are granted construction permits: The
management of the construction order according to the contents of the issued
construction permits and relevant provisions of law;
b) For works that are exempt from construction permits,
details of construction order management are as follows: checking the
eligibility for exemption from construction permits for works as prescribed in
point g, clause 2, Article 89 of the Law on Construction 2014, amended in Clause
30, Article 1 of Law No. 62/2020/QH14, checking the compliance with
construction plannings or technically-specialized plannings, approved
architectural or urban design management regulations and relevant provisions of
law; checking the conformity of the construction with the appraised main
contents and parameters of the design for the construction design which has
been appraised by a construction authority.
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4. Responsibilities of the People's Committee of province:
a) Take full responsibility for the construction order
management of construction works in the province (except for construction works
involving state secrets);
b) Promulgate regulations on: construction order management;
delegate or authorize construction order management to the People's Committees
of districts, People's Committees of communes in accordance with the law and
the actual circumstances; delegate or authorize to receive the commencement
notice enclosed with construction design documents, in case the works are
exempt from construction permits according to the provisions at Point g, Clause
2, Article 89 of the Law on Construction 2014, amended in Clause 30, Article 1
of Law No. 62/2020/QH14, which requires additional documents at the request of
the construction authority according to the provisions of Clause 5, Article 38
of this Decree.
c) Promulgate regulations on management of architecture or
urban design for each area as a basis for issuing construction permits and
managing construction order in areas without detailed construction plannings in
urban areas, in functional areas and rural residential detailed construction
planning;
d) Direct the People's Committees of districts and communes
to monitor, inspect, detect, prevent and promptly handle violations in the
area; to direct and organize the enforcement of works in violation of
construction order in their respective localities according to law provisions;
dd) Solve materials, complex and problematic issues in the
process of construction order management in the area.
5. Responsibilities of the People's Committee of district
and commune:
a) Take responsibility for construction order management in
the district or commune as delegated or authorized by the People's Committee of
the province;
b) Monitor, inspect, detect, prevent and promptly handle
violations in the area; organize the enforcement of works in violation of
construction order in their respective localities according to law provisions.
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BUILIDNG SPECIAL WORKS
AND EXECUTION OF CONSTRUCTION PROJECTS ABROAD
Section I. BUIDLING SPECIAL WORKS
Article 57. Management of
construction works involving state secrets
1. Construction works involving state secrets are determined
according to the law on protection of State secrets and relevant laws.
2. The pre-construction, construction, post-construction of
a construction work involving state secrets shall comply with law on protection
of state secrets, construction investment law and specified in the project
approval decision or investment decision.
3. Relevant agencies, organizations and individuals shall
manage applications, documents and related information in the construction of
state secret works in accordance with law on the protection of state secrets.
Article 58. Management of urgent
construction works
The management of urgent construction works specified in
point a clause 1 Article 130 of the Construction Law 2014, amended in clauses
48 and 25 Article 1 of the Law No. 62/2020/QH14 is follows:
1. The heads of central agencies and the Presidents of
People's Committees at all levels are competent to decide the construction of
urgent works within their respective scope by urgency construction order.
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3. The person assigned to manage and perform work
construction is given discretion over the whole of the construction works,
including: assigning organizations and individuals to carry out survey
and design and construction and other necessary tasks to build the urgent
works; decide procedures for carrying out the survey, design and construction;
decide the construction supervision and taking-over of construction works to
meet the requirements of the urgency construction order.
4. After the construction of urgent works is completed, the
person assigned to build the urgent works is responsible for preparing and
completing the as-built documents, including: an urgency construction order;
construction survey documents (if any); standard designs or construction
drawing designs (if any); daily construction reports and photos of the
construction process (if any); taking-over records, results of test, observation
and measurement (if any); records of management of construction materials,
products, components and equipment used for the construction (if any); as-built
drawings; appendix of defects to be repaired or remedied (if any) after being
put into operation; taking-over record between the investor, contractors and
relevant regulatory agencies; bases for determination of workload performed and
other documents related to building the urgent works.
5. For urgent works funded by public investment capital, the
management, payment and settlement of construction investment capital shall
comply with the provisions of relevant laws on management, payment, settlement
for urgent projects funded by public investment capital.
Section 2. EXECUTION OF CONSTRUCTION
PROJECT ABROAD
Article 59. Rules for management of
construction projects abroad
1. Regarding overseas projects funded by public investment
capital, the formulation, appraisal and decision of the investment policy
thereof shall comply with law on public investment. The appraisal of investment
policy or investment decision of other overseas projects shall comply with law
on investment.
2. The investment decision of the project shall be made in
compliance with the law on public investment applicable to projects funded by
public investment capital, law on management and use of state capital to invest
in enterprises for projects of enterprises funded by state capital.
3. Construction projects of Vietnamese overseas missions
shall comply with the Government's regulations on management of investment
projects of overseas missions of the Socialist Republic of Vietnam and relevant
laws.
4. The execution of a construction project after being
decided or approved by a competent authority must comply with international
treaties to which the Socialist Republic of Vietnam is a contracting party, the
international agreement between the Vietnamese party and the foreign party, the
law provisions of the country where the project is located and the specific
provisions in this Section, in specific:
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b) The formulation, appraisal and approval of construction
design steps following the project decision is decided by the
investment-decision maker must comply with the law of the country where the
project is location and conditions for project execution;
c) Technical regulations and standards; construction
planning; requirements on natural and social conditions, cultural and
environmental characteristics; liability to purchase compulsory insurance;
construction permit; eligibility requirements for construction activities; construction
contract, construction, construction supervision, taking-over and handover of
works and other specific contents and requirements shall preferably comply with
the law of the country where the project is located, unless otherwise
prescribed by international treaties or international agreements;
d) Upon determination of total investment, construction
estimate, regulations on construction cost management of the country where the
project is located shall prevail.
5. The settlement of investment capital for overseas
construction projects funded by public investment capital shall comply with the
provisions of relevant laws on management, payment and settlement of overseas
construction projects funded by public investment capital and relevant
provisions of law.
Article 60. Formulation, assessment
and appraisal of a feasibility study report for a project funded by public
investment capital, state capital other than public investment capital
1. The investor shall make a feasibility study report,
economic-technical report or an equivalent document according to the provisions
of law of the host country (hereinafter referred to as feasibility study
report), and then submit it to a specialized agency affiliated to the
investment-decision maker for appraisal so that the investment-decision maker
considers making a project approval or decision.
2. The feasibility study report may include a basic design
or other construction designs made according to international practice in
accordance with the feasibility study report step. Notes to the feasibility
study report must contain the following main contents:
a) Necessity and investment policy, construction investment
objectives;
b) Analysis of natural conditions, selection of construction
site, land use area, scale and form of project construction;
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d) Proposed progress of project execution;
dd) Determination of total investment, structure of capital
sources;
e) Methods of project execution, identification of investor,
analysis and selection of forms of project management and execution,
socio-economic efficiency analysis;
g) Other contents according to specific characteristics of
each project and regulations of law of the host country.
3. The investor shall engage a qualified construction design
assessment organization to assess the feasibility study report; and then check
and evaluate such assessed report before sending it to the specialized agency
affiliated to the investment-decision maker for appraisal.
4. On the basis of the report on the assessment results, the
specialized agency affiliated to the investment-decision maker shall appraise
the feasibility study report and seek the consultation of the construction
authority where necessary. Competence of the construction authority from which
the consultation is sought is the appraisal competence for projects of
equivalent size according to the provisions of this Decree.
5. Matters to be appraised in a feasibility study report:
a) The compliance with legal regulations in the appraisal
application;
b) The conformity of the feasibility study report with the
investment policy approved by the competent authority;
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d) Factors to ensure the feasibility of the project,
including selection of construction location, project construction scale,
investor identification, project execution or management form;
dd) Factors to ensure the effectiveness of the project,
including determination of total investment, capital-raising capacity according
to progress, financial efficiency, socio-economic efficiency;
e) Other contents at the request of the investment-decision
maker (if any).
Article 61. Taking-over of
construction works
The investors shall manage the quality of the construction
works, take over the construction works by themselves and finalize the
contracts with respect to construction projects abroad. The investors shall
makes a report on completion of the works and sends it to the
investment-decision maker for monitoring and management.
Chapter VI
REQUIREMENTS FOR
CONSTRUCTION ELIGIBILITY
Section 1. REQUIREMENTS FOR
CONSTRUCTION ELIGIBILITY OF INDIVIDUALS
Article 62. Construction practicing
certificate<0}
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The fields to be covered by the practicing certificate are
specified in Appendix VI hereto. The consulting activities relevant to
architecture and fire safety shall comply with the law on architecture and fire
safety.
2. Any foreigner or overseas Vietnamese who obtained a
practicing certificate issued by a foreign authority or organization and has
practiced construction in Vietnam for less than 06 months or he/she has
provided construction consulting services in Vietnam while living abroad,
he/she must have the practicing certificate bear consular authentication to
practice construction activities. If he/she has practiced construction in Vietnam for at least 06 months, he/she is required to apply for conversion of the
practicing certificate to the competent authority as prescribed in Article 64
of this Decree.
3. An individual is not required to obtain a practicing
certificate as prescribed in this Decree to perform the following construction
activities:
a) Design, supervision of communications, telecommunications
system in a work;
b) Design, supervision of finishing activities of a
building, such as plastering, tiling, painting, installing doors, windows,
furniture and other similar works without affecting the load bearing structures
of the work;
c) Construction activities for works of class IV; green parks;
telecom signal transmission cable lines.
4. Any individual having yet to obtain a practicing
certificate is entitled to participate in the construction sector where
appropriate for his/her major, and is not authorized to run his/her own
construction business as well as hold any title that requires the practicing
certificate.
5. The practicing certificate is valid for up to 05 years
upon first issuance or adjustments to certificate rank or certificate renewal.
Regarding the practicing certificate of a foreign individual, its effective
period shall be determined according to the period specified in the work permit
or temporary resident card issued by a competent authority but not exceed 05
years.
In case of issuance upon adjustments or supplementation to the
certificate or re-issuance as the unexpired certificate is lost, damaged or
misstated, the validity period of the new certificate shall coincide with the
former certificate.
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7. The practicing certificate is managed using the
practicing certificate code, including 02 groups of code joined together by a
hyphen (-) as follows:
a) First group includes three characters representing the
place of issue as prescribed in Appendix VIII hereof;
b) Second group indicates the practicing certificate code.
8. The Ministry of Construction shall uniformly manage the
issuance and revocation of the practicing certificate, and issuance of the
practicing certificate code; publish the list of individuals issued with the
certificate on the website.
Article 63. Issuance, revocation,
renewal of construction practicing certificate
1. The construction practicing certificate shall be issued
to:
a) Any individual applying for the practicing certificate
for the first time or adjusting his/her practicing certificate rank;
b) Any individual applying for renewal of the practicing
certificate;
c) Any individual applying for adjustments or amendments to
eligibility certificate;
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dd) The individuals mentioned in Clause 2 Article 62 of this
Decree who wish to convert his/her practicing certificate.
2. An individual whose practicing certificate shall be
revoked in one of the following cases:
a) The individual no longer satisfies the conditions
specified in Clause 1 Article 66 of this Decree;
b) The application for issuance of the practicing
certificate contains counterfeit documents;
c) The holder of the practicing certificate rents it, lends
it, leases it, borrows it or allows another person to use it;
dd) Contents of the practicing certificate are corrected,
erased or falsified;
dd) The practicing certificate is misstated at the fault of
the issuing authority;
e) The practicing certificate is issued ultra vires;
g) The practicing certificate is issued in the case of
failure to meet eligibility requirements as prescribed.
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The individual whose practicing certificate is revoked in
the case specified in Point dd Clause 2 of this Article shall be re-issued with
the practicing certificate in accordance with the procedures specified in
Clause 2 Article 80 of this Decree.
4. The individual shall apply for renewal of the practicing
certificate within 3 months before the expiry date of the practicing
certificate. After this period, the individual may apply for issuance of
another practicing certificate as prescribed in point a clause 1 hereof.
Article 64. The power to issue and
revoke the construction practicing certificate
1. Power to issue the practicing certificate:
a) Construction authorities affiliated to the Ministry of
Construction shall issue Rank-I practicing certificates;
b) Departments of Construction shall issue Rank-II and
Rank-III practicing certificates;
c) Socio-professional organizations specified in Article 81
of this Decree shall issue Rank-II and Rank-III practicing certificates to
their members.
2. Power to revoke the practicing certificate:
a) Authorities that have the power to issue practicing
certificates are the ones that have the power to revoke the practicing
certificates that they issued;
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Article 65. Rights and
responsibilities of the individual applying for practicing certificate
1. The individual applying for construction practicing
certificate has the following rights:
a) Request supply of information about the issuance of the
practicing certificate;
b) Practice construction activities nationwide according to
the contents specified on the certificate;
c) File complaints or whistleblowing reports against
violations of law on issuance of practicing certificates.
2. The individual applying for construction practicing
certificate has the following obligations:
a) Give truthful information in the application for issuance
of practicing certificate as prescribed in this Decree; take legal liability
for the accuracy of information given in the application;
b) Practice in strict compliance with the fields and scope
of activities stated on the issued practicing certificate, comply with the law
on construction and other relevant laws;
c) Not to lease, lend or give the issued practicing
certificate to others;
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dd) Comply with professional ethics;
e) Present the practicing certificates and comply with
inspection and examination requirements at the request of competent
authorities.
Article 66. General eligibility
requirements for issuance of construction practicing certificates
An individual shall be issued with the practicing
certificate if he/she:
1. has full active legal capacity as prescribed by law and
obtains a residence permit or work permit if he/she is a foreigner or overseas
Vietnamese.
2. has his/her qualifications and experience relevant to
requirements of the practicing certificate. To be specific:
a) A Rank-I practicing certificate is awarded to the
individual who gains a bachelor's degree in appropriate major and at least 07
years’ experience relevant to requirements of that practicing certificate;
b) A Rank-II practicing certificate is awarded to the
individual who gains a bachelor's degree in appropriate major and at least 04
years’ experience relevant to requirements of that practicing certificate;
c) A Rank-III practicing certificate is awarded to the
individual who has appropriate qualifications and at least 02 years’ experience
relevant to requirements of that practicing certificate with respect to the
holder of the undergraduate degree and at least 03 years’ experience with
respect to the holder of the associate degree or intermediate diploma.
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Article 67. Appropriate disciplines
as the basis for issuance of the construction practicing certificate
1. Construction survey:
a) Topographical survey: one of the following disciplines is
required: geotechnical engineering, geodesy, mapping, construction engineering;
b) Geological survey: one of the following disciplines is
required: geotechnical engineering, geodesy, mapping, hydrogeology,
construction engineering;
2. Construction planning design: one of the following disciplines
is required: architecture, construction planning, infrastructure, transport.
3. Construction design:
a) Construction structure design: the discipline must be
construction engineering related to construction structure is required
(excluding mining, transport, irrigation works, dikes);
b) Mechanical - electrical design (excluding transmission
lines and electrical substations): the disciplines must be engineering related
to electrical engineering, mechanical engineering, air ventilation – heat supply
and dissipation engineering;
c) Water supply – drainage design: the discipline must be
engineering related to water supply and drainage,
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dd) Transport construction engineering design (including
roads; bridges - tunnels; railway; inland waterways, maritime): the discipline
must be engineering related to transport works;
e) Design of water supply and drainage works; solid waste
treatment works: the discipline must be engineering related to water supply and
drainage, urban environmental engineering and equivalent discipline;
g) Design of irrigation works, dikes: the discipline must be
engineering related to irrigation works, dikes, equivalent discipline.
4. Construction supervision:
a) Construction supervision: One of the following
disciplines is required: construction engineering, construction economics,
architecture, engineering related to construction of structures;
b) Equipment installation supervision: One of the following
disciplines is required: electrical engineering, mechanical engineering, air
ventilation – heat supply, water supply and drainage or other engineering
disciplines related to equipment installation.
5. Construction valuation: One of the following disciplines
is required: construction economics, construction engineering and other
engineering disciplines.
6. Construction project management: One of the following
disciplines is required: construction engineering, construction economics, architecture,
engineering related to construction of structures.
Article 68. Construction survey
practicing certificates
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1. A Rank-I construction survey practicing certificate is
awarded to the individual who has worked as a president in charge of
construction survey in the field for which a practicing certificate is sought
of at least 01 group A project or higher or 02 group B projects or higher or at
least 01 Class I works or higher or at least 02 Class II works or higher.
2. A Rank-II construction survey practicing certificate is
awarded to the individual who has worked as a president in charge of
construction survey in the field for which a practicing certificate is sought
of at least 01 group B project or higher or 02 group C projects or higher or at
least 01 Class II works or higher or at least 02 Class III works or higher.
3. A Rank-III construction survey practicing certificate is
awarded to the individual who has worked as a president in charge of
construction survey in the field for which a practicing certificate is sought
of at least 01 group C projects or higher or 02 projects that require economic
- technical reports or at least 01 Class III works or higher or at least 02
Class IV works.
Article 69. Construction planning
practicing certificates
An individual shall be considered to be issued with a
construction planning practicing certificate if he/she meet the eligibility
requirements in Articles 66 and 67 hereof and the eligibility requirements
corresponding to ranks below:
1. A Rank-I construction planning practicing certificate is awarded
to the individual who has worked as a chairperson or president in charge of
designing disciplines of at least 01 construction planning project that has
been approved by the Prime Minister or 02 construction planning projects
(including at least 01 inter-district, district or general construction
planning project) that have been approved by the People’s Committee of the
province.
2. A Rank-II construction planning practicing certificate is
awarded to the individual who has worked as a chairperson or president in
charge of designing disciplines of at least 01 construction planning project
that has been approved by the People’s Committee of the province or 02
construction planning projects that have been approved by the People’s
Committee of the district.
3. A Rank-III construction planning practicing certificate
is awarded to the individual who has participated in designing disciplines of
at least 01 construction planning project that has been approved by the
People’s Committee of the province or 02 construction planning projects that
have been approved by the People’s Committee of the district.
Article 70. Construction design
practicing certificates
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1. A Rank-I construction design practicing certificate is
awarded to the individual who has worked as a chairperson or president in
charge of designing or appraising the design of tasks of the field for which a
practicing certificate is sought of least 01 Class I work or higher or at least
02 Class II works or higher of the field that is covered by the certificate
applied for,
2. A Rank-II construction design practicing certificate is
awarded to the individual who has worked as a chairperson or president in
charge of designing or appraising the design of tasks of the field for which a
practicing certificate is sought of at least 01 Class II work or higher or at
least 02 Class III works or higher or has participated in designing or
appraising the design of the tasks relevant to requirements of that practicing
certificate of at least 03 Class II works or higher that are the same as those
for which a practicing certificate is sought.
3. A Rank-III construction design practicing certificate is
awarded to the individual who has participated in designing or appraising the
design of tasks of the field for which a practicing certificate is sought of at
least 03 Class III works or higher or at least 05 Class IV works or higher that
are the same as those for which a practicing certificate is sought.
Article 71. Construction supervision
practicing certificates
An individual shall be considered to be issued with a
construction supervision practicing certificate if he/she meet the eligibility
requirements in Articles 66 and 67 hereof and the eligibility requirements
corresponding to ranks below:
1. A Rank-I construction supervision practicing certificate
is awarded to the individual who has worked as a chief supervisor or site
manager or chairperson in charge of designing the tasks of the field for which
a practicing certificate is sought of at least 01 Class I work or higher or 02
Class II works or higher that are the same as those for which a practicing
certificate is sought.
2. A Rank-II construction supervision practicing certificate
is awarded to the individual who has worked as a chief supervisor or site
manager or chairperson in charge of designing the tasks of the field for which
a practicing certificate is sought of at least 01 Class II work or higher or 02
Class III works or higher that are the same as those for which a practicing
certificate is sought.
3. A Rank-III construction supervision practicing
certificate is awarded to the individual who has participated in construction
supervision or construction design or constructed part of the field for which a
practicing certificate is sought of at least 01 Class III work or higher or 02
Class IV works or higher that are the same as those for which a practicing
certificate is sought.
Article 72. Construction valuation
practicing certificates
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a) Determine and assess total construction investment;
analyze risks and evaluate investment efficiency;
b) Determine investment rates, construction norms,
construction prices, and construction price indexes;
c) Measure construction volume;
d) Determine and assess construction estimate;
dd) Determine contract package prices and contract value
with respect to construction activities;
e) Control construction cost;
g) Formulate and assess documents on payment or settlement
of construction investment and convert construction investment after the
construction is completed, transferred and put into operation.
2. An individual shall be considered to be issued with a
construction valuation practicing certificate if he/she meet the eligibility
requirements in Articles 66 and 67 hereof and the eligibility requirements
corresponding to ranks below:
a) A Rank-I construction valuation practicing certificate is
awarded to the individual who has worked as a chairperson in charge of one of
the tasks related to construction cost management of at least 01 group A
project or higher or 02 group B projects or higher or 01 Class I work or higher
or 02 Class II works or higher.
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c) A Rank-III construction valuation practicing certificate
is awarded to the individual who has participated in performing one of the
tasks related to construction cost management of at least 01 group C project or
higher or at least 02 projects that require economic - technical reports or 01
Class III work or higher or 02 Class IV works or higher.
Article 73. Project management
practicing certificates
An individual shall be considered to be issued with a
construction valuation practicing certificate if he/she meet the eligibility
requirements in Articles 66 and 67 hereof and the eligibility requirements
corresponding to ranks below:
1. A Rank-I project management practicing certificate is
issued to the individual who has worked as a project manager in charge of at
least 01 group A project or higher or at least 02 group B projects or higher of
the field for which a practicing certificate is sought; or has been issued with
one of the three practicing certificates (Rank-I construction design/Rank-I
construction supervision/Rank-I construction valuation practicing certificate)
and has participated in managing at least 01 group A project or higher or 02
group B projects or higher of the field for which a practicing certificate is sought.
2. A Rank-II project management practicing certificate is
issued to the individual who has worked as a project manager in charge of at
least 01 group B project or higher or at least 02 group C projects or higher of
the field that is covered by the practicing certificate; or has been issued
with one of the three practicing certificates (Rank-II construction
design/Rank-II construction supervision/Rank-II construction valuation
practicing certificate) and has participated in managing at least 01 group B project
or higher or 02 group C projects or higher or 03 projects or higher that
require an economic - technical report of the field that is covered by the
practicing certificate.
3. A Rank-III construction valuation practicing certificate
is awarded to the individual who has participated in managing at least 01 group
C project or higher of the field for which a practicing certificate is sought.
Article 74. Practicing requirements
to be satisfied by site managers
1. An individual who works as a site manager shall satisfy
requirements corresponding to ranks as follows:
a) Rank I: He/she has been issued with a Rank-I construction
supervision practicing certificate or worked as a site manager in charge of at
least 01 Class I work or higher or 02 Class II works or higher of the same
type.
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c) Rank III: He/she has been issued with a Rank-III
construction design practicing certificate or participated in construction
inspection of at least 01 Class III work or higher or 02 Class IV works or
higher of the same type.
2. Scope of operation:
a) Rank I: He/she is entitled to work as a site manager in
charge of the works that are the same as those specified in the construction
supervision practicing certificate or those of which he/she was in charge;
b) Rank II: He/she is entitled to work as a site manager in
charge of Class II works or below that are the same as those specified in the
construction supervision practicing certificate or those of which he/she was in
charge;
c) Rank III: He/she is entitled to work as a site manager in
charge of Class III and IV works that are the same as those specified in the
construction supervision practicing certificate or those of which he/she was in
charge.
Article 75. Eligibility requirements
for practicing construction inspection
1. An individual who works as a chairperson in charge of
inspecting quality, identifying causes of damage, service life of parts of
works or constructions works, and in charge of carrying out inspections to
indentify causes of construction incidents shall satisfy the following
eligibility requirements corresponding to ranks:
a) A Rank-I construction inspection practicing certificate
is issued to the individual who has been issued with a Rank-I construction
design practicing certificate or worked as a chairperson in charge of
construction inspection of at least 01 Class I work or higher or 02 Class II
works or higher of the same type;
b) A Rank-II construction inspection practicing certificate
is issued to the individual who has been issued with a Rank-II construction
design practicing certificate or worked as a chairperson in charge of
construction inspection of at least 01 Class II work or higher or 02 Class III
works or higher of the same type;
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2. Scope of operation:
a) The holder of a Rank-I construction inspection practicing
certificate is entitled to work as a chairperson in charge of all works of the
same type;
b) The holder of a Rank-II construction inspection
practicing certificate is entitled to work as a chairperson in charge of Class
II works or below of the same type;
c) The holder of a Rank-III construction inspection
practicing certificate is entitled to work as a chairperson in charge of Class
III and Class IV works of the same type.
Article 76. Application for
construction practicing certificate
1. An application for issuance of the construction
practicing certificate for the first time, adjustments to certificate rank,
certificate renewal includes:
a) An application form provided in form 01 of the Appendix
IV of this Decree;
b) The applicant’s 02 color 4 x 6 cm and white background
photos and file thereof which are taken within the last 06 months;
c) Qualification(s) awarded by a legal training institution
in accordance with the type or rank of the certificate applied for;
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d) Practicing certificate issued by a competent authority,
in the case of applying for upgrade of the practicing certificate;
dd) Decisions on task assignment (responsibility assignment)
issued by an organization to an individual or written confirmation of completed
typical tasks provided by the legal representative of the investor. The person
signing the written confirmation shall take responsibility for its
truthfulness. In case the individual runs his/her own construction business, a
contract and record on commissioning of listed typical tasks are required;
e) Legal residence-related documents or work permit issued
by a Vietnamese competent authority, applicable to foreigners;
g) Copy of passing test result in case the test is done
before the date of submission of the application for the practicing
certificate;
h) Documents specified in Points c, d, dd and e of this
Clause must be certified true copies or included in a file that contains color
photos of originals or copies presented together with the originals for
comparison.
2. An application for reissuance of the practicing certificate
includes:
a) An application form provided in form 01 of the Appendix
IV of this Decree;
b) The applicant’s 02 color 4 x 6 cm and white background
photos and file thereof which are taken within the last 06 months;
c) Original of unexpired practicing certificate that is
damaged or misstated. A commitment form made by the applicant for reissuance is
required in case of loss of the practicing certificate;
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dd) Documents specified in Points c, d of this Clause must
be certified true copies or included in a file that contains color photos of
originals or copies presented together with the originals for comparison.
3. An application for adjustments or amendments to the
practicing certificate includes:
a) An application form provided in form 01 of the Appendix
IV of this Decree;
b) The applicant’s 02 color 4 x 6 cm and white background
photos and file thereof which are taken within the last 06 months;
c) Documents concerning adjustments or amendments prescribed
in Clause 1 of this Article and the original of practicing certificate.
4. An application for conversion of the practicing
certificate includes:
a) An application form for conversion of the practicing
certificate provided in form 03 of the Appendix IV of this Decree;
b) The applicant’s 02 color 4 x 6 cm and white background
photos and file thereof which are taken within the last 06 months;
c) Copies of qualification(s) or practicing certificate(s)
awarded by a foreign organization, bearing consular authentication and enclosed
with notarized and certified Vietnamese translations as prescribed by Vietnam’s
laws;
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5. The applicant shall pay charges for submission of the
application for practicing certificate. Such charges shall be collected,
transferred, managed and used in accordance with regulations of the Ministry of
Finance.
Article 77. Test for issuance of
construction practicing certificate
1. The issuing authority shall organize a test for issuance
of the construction practicing certificate. In case an individual wishes to
apply for a test before submitting the application for issuance of the
practicing certificate, the application form No. 02 provided in the Appendix IV
shall be submitted to an issuing authority.
2. The test shall be done on a monthly or ad hoc basis and
decided by the head of the issuing authority. The issuing authority shall
notify the screening result of application for issuance of practicing
certificate, time, location of test at least 3 business days before the test
date.
3. A test consists of two parts: legal knowledge and
professional knowledge. The individual whose practicing certificate remains
valid shall be exempted from questions about professional knowledge related to
the field specified in such practicing certificate.
The individual applying for reissuance of practicing
certificate in a case where the lost or damaged practicing certificate remains
valid is not required to take a test.
4. The test result shall be retained for 06 months from the
date on which the test is taken to form a basis for issuance of the practicing
certificate.
5. The issuing authority shall arrange a place for the test
that must satisfy the infrastructure requirements. To be specific:
a) There must be a testing area, waiting area and area for
providing test guidelines in the testing place;
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c) Computers must operate in a stable manner, be connected
using LAN, connected to printers and Internet. The Internet bandwidth must be
good enough to ensure continuous operation of computers during the test;
d) Closed-circuit television cameras with a minimum
resolution of 1280 x 720 (720P) must be installed in a manner that ensures the
testing area is properly monitored and be capable of storing data for at least
30 days from the date on which the test is organized;
dd) There must be at least 01 set of loudspeakers to
publicly announce information during the test;
e) There must be at least 01 printer to print testing
reports and 01 standby printer;
g) Testing software shall be transferred by construction
authorities affiliated to the Ministry of Construction and used nationwide.
6. Individuals shall pay charges for taking a test for
issuance of construction practicing certificates. Such charges shall be
collected, transferred, managed and used in accordance with regulations of the
Ministry of Construction.
Article 78. Organization of test for
issuance of construction practicing certificate
1. For an individual who applies for new issuance,
adjustment or supplementation of field, upgrade of certificate rank, the test
includes 05 questions about legal knowledge (including general law and
construction law in each field) and 20 questions about having professional
knowledge related to the field for which a practicing certificate is sought,
the maximum number of points for each test is 100 points, of which the maximum
score for the part of professional experience is 80 points, the maximum score
for the legal knowledge section is 20 points. Individuals with at least 16
points in the legal knowledge test and 80 points or more in total score shall
be considered qualified for issuance of a practicing certificate.
2. In case the individual is exempt from the test of
professional knowledge, the test consists of 10 questions on legal knowledge,
the maximum score for each test is 40 points. Individuals with test results of
32 points or more are qualified to be issued with a practicing certificate.
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1. The head of the issuing authority shall establish a
council for evaluation for issuance of the construction practicing certificate.
2. The head of the issuing authority shall decide on
organizational structure and number of members of the council.
3. A council for evaluation for issuance of the construction
practicing certificate. issuance of the construction practicing certificate established
by a construction authority affiliated to the Ministry of Construction or
Department of Construction shall be composed of:
a) A council president who is a leader of the issuing
authority;
b) Standing members who are public officials and public employees
of this authority;
c) Members who are public officials and public employees
whose major is relevant to the field covered by the practicing certificate
applied for or experts whose expertise is relevant to the field covered by the
practicing certificate applied for where necessary.
4. A council for evaluation for issuance of the construction
practicing certificate, issuance of the construction practicing certificate
established by a socio-professional organization shall be composed of:
a) A council president who is a leader of the
socio-professional organizations;
b) Members who are the ones of the socio-professional
organizations.
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Article 80. Procedures for issuance
and revocation of construction practicing certificate
1. Regarding issuance of the construction practicing
certificate:
a) The applicant shall submit an application form for
issuance of the practicing certificate prescribed in Article 76 of this Decree,
electronically or by post or in person, to the issuing authority;
b) From the date on which the satisfactory application is
received, the issuing authority shall issue the construction practicing
certificate within 20 days in the case of issuance of the certificate for the
first time, upgrade, adjustments or amendments to the certificate, within 10
days in the case of reissuance of the certificate, and within 25 days in the
case of conversion of the certificate. In the case the application is
unsatisfactory, the issuing authority shall notify the applicant in writing
once within 05 days from the date on which the application is received;
c) For individuals submitting the application for issuance
of construction practicing certificate but having not obtained test results,
the processing time prescribed in point b clause 1 hereof shall begin from time
when the test results are given.
2. Regarding revocation of the construction practicing
certificate
a) Within 10 days from the date on which the inspection
conclusion, including a proposal for revocation of the practicing certificate,
is received or it is discovered or there are grounds to believe that the
individual is mentioned in one of the cases specified in Clause 2 Article 63 of
this Decree, the revoking authority shall issue a decision on revocation of the
practicing certificate. In case of failure to revoke it, written explanation
shall be provided to the organization or individual that makes the revocation
proposal;
b) The revoking authority shall send the revocation decision
to the individual and publish it on its website, provide information thereof to
the Ministry of Construction for integration into its website within 05 days
from the issuance date of the decision;
c) The individual whose construction practicing certificate
is revoked shall return the original of such certificate to the authority that
issues the revocation decision within 05 days from the receipt of the
revocation decision;
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dd) In case the individual whose practicing certificate must
be revoked fails to return the practicing certificate as prescribed, the
competent authority that issues the revocation decision shall send him/her a
decision to pronounce cancellation of the practicing certificate and publish it
on its website and provide information thereof to the Ministry of Construction
for integration into its website.
Article 81. Recognition of
socio-professional organizations eligible to issue construction practicing
certificates
1. A socio-professional organization will be certified eligible
to issue construction practicing certificates if it:
a) has its field related to construction activities and
operates nationwide;
b) has been allowed to be established and had its charter
approved by a competent authority;
c) sufficiently provides infrastructure serving tests.
2. An application for certification of eligibility to issue
practicing certificates includes:
a) An application form provided in form 01 of the
Appendix IV of this Decree;
b) Certified true copies or a file that contains color
photos of originals or copies of the written permission for establishment and
written approval for the charter granted by a competent authority, presented
together with the originals for comparison;
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3. Procedures for certification of eligibility to issue
practicing certificates:
a) The socio-professional organization shall submit an
application prescribed in Clause 2 of this Article, by post or in person, to
the Ministry of Construction;
b) Within 20 days from the receipt of the satisfactory
application, the Ministry of Construction shall consider issuing a decision to
certify the socio-professional organization eligible to issue practicing
certificates. Such decision shall be sent to the socio-professional organizations
and published on the website of the Ministry of Construction within 05 days
from the issuance date of the decision.
Article 82. Revocation of the
decision to certify socio-professional organization eligible to issue
construction practicing certificates
1. A socio-professional organization shall have its decision
on certification of eligibility to issue practicing certificates revoked in one
of the following cases:
a) It no longer satisfies one of the conditions specified in
Clause 1 Article 81 of this Decree;
b) The practicing certificate is issued to the field beyond
the scope of certification;
c) The practicing certificate is issued ultra vires;
d) The practicing certificate is issued to individuals that
fail to meet eligibility requirements as prescribed.
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Section 2. ELIGIBILITY REQUIREMENTS
FOR CONSTRUCTION ACTIVITIES OF ORGANIZATIONS
Article 83. Eligibility requirements
for construction activities
1. Each organization engaging in construction activities in
the following fields must meet eligibility requirements:
a) Construction survey;
b) Construction planning;
c) Design and design assessment;
d) Construction project management consulting;
dd) Construction execution;
e) Construction supervision;
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h) Construction cost management.
2. Each organization involved in construction activities in
the fields specified in Points a through e Clause 1 of this Article must obtain
a certificate of eligibility for construction activities (hereinafter referred
to as “the eligibility certificate”), except for circumstances in clause 3
hereof. The fields to be covered by the practicing certificate are specified in
Appendix VII hereto.
3. An organization is not required to obtain an eligibility
certificate as prescribed in this Decree to engage in the following
construction activities:
a) Perform project management tasks of a field-based PMB or
area-based PMB (except for project management consulting as prescribed in
Clause 4 Article 21 of this Decree); construction project management unit of
one project as prescribed in Article 22 of this Decree; or the investor that
manages the project in accordance with Article 23 of this Decree;
b) Design, supervise, execute fire safety as per the law on
fire safety;
c) Design, supervise and execute communications,
telecommunications system in the work;
d) Perform finishing activities of a building, such as
plastering, tiling, painting, installing doors, windows, furniture and other
similar works without affecting the load bearing structures of the work;
dd) Participate in construction activities for works of
class IV; green parks, public lighting works; telecommunication signal
transmission cable lines; projects which only have the works mentioned at this
point;
e) Carry out construction activities of foreign
organizations under construction operating licenses specified in Clause 2,
Article 148 of the Law on Construction in 2014.
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5. The practicing certificate is valid for up to 10 years
upon first issuance or adjustments to certificate rank or certificate renewal.
In case of issuance upon adjustments or supplementation to the certificate or
re-issuance as the unexpired certificate is lost, damaged or misstated, the
validity period of the new certificate shall coincide with the former
certificate.
6. The forms and contents of the practicing certificate are
provided in the Form No. 07 to Appendix IV of this Decree.
7. The eligibility certificate is managed using the
certificate code, including 02 groups of code joined together by a hyphen (-)
as follows:
a) First group includes up to 03 characters representing the
place of issue as prescribed in Appendix VIII hereof;
b) Second group indicates the eligibility certificate code.
8. The Ministry of Construction shall uniformly manage the
issuance and revocation of the eligibility certificate, and issuance of the
eligibility certificate code; provide guidelines for issuing the practicing
certificate; publish the list of organizations issued with the eligibility
certificate on its website; organize the online issuance of the eligibility
certificate.
Article 84. Issuance, revocation,
renewal of certificate of eligibility for construction activities
1. A certificate of eligibility for construction activities
is issued to:
a) Any organization applying for the eligibility certificate
for the first time or adjusting its eligibility certificate rank;
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c) Any organization applying for reissuance of an unexpired
eligibility certificate in case it is lost or damaged or misstated;
d) Any organization applying for renewal of eligibility
certificate.
2. The eligibility certificate shall be revoked in one of
the following cases:
a) The organization issued with the eligibility certificate
shuts down its construction activities, dissolves or goes bankrupt;
b) The organization no longer satisfies all eligibility
requirements for construction activities as prescribed;
c) The application for the issuance or reissuance of the
eligibility certificate contains counterfeit documents;
d) The organization allows another organization or
individual to use its eligibility certificate;
dd) Contents of the eligibility certificate are corrected,
erased or falsified;
e) The eligibility certificate is issued ultra vires;
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h) The eligibility certificate is issued in the organization
fails to meet all eligibility requirements.
3. The organization whose eligibility certificate is revoked
in the cases specified in Points c, d and dd Clause 2 of this Article is
entitled to apply for issuance of the eligibility certificate 12 months after
the date on which the decision on eligibility certificate revocation is issued.
Procedures for issuance of the eligibility certificate are the same as those
specified in Point a Clause 1 of this Article.
The organization whose eligibility certificate is revoked in
the cases specified in Point g Clause 2 of this Article shall be reissued with
the eligibility certificate in accordance with the procedures specified in
Clause 2 Article 90 of this Decree.
4. The organization shall apply for renewal of eligibility
certificate within 3 months before the eligibility certificate expires. After
this period, the individual may apply for issuance of another practicing
certificate as prescribed in point a clause 1 hereof.
Article 85. Rights and obligations
of organizations applying for eligibility certificates
1. An organization applying for eligibility certificate has
the following rights:
a) Request supply of information about the issuance of the
practicing certificate;
b) Practice construction activities nationwide according to
the contents specified on the eligibility certificate;
c) File complaints or whistleblowing reports against
violations of law on issuance and use of the eligibility certificate.
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a) Declare honestly in the application for the eligibility
certificate as prescribed; take responsibility before law for the accuracy and
legality of the documents in the application provided by them when applying for
the certificate; pay fees as prescribed;
b) Practice in strict compliance with the fields and scope
of activities stated on the issued eligibility certificate, comply with the law
on construction and other relevant laws;
c) Maintain and ensure the organization's eligibility
according to the issued eligibility certificate;
d) Not to erase or modify entries of the eligibility
certificate;
dd) The legal representative of the organization presents its
eligibility certificate and complies with inspection and examination
requirements at the request of competent authorities.
Article 86. The power to issue or
revoke certificate of eligibility for construction activities
1. The power to issue the eligibility certificate:
a) Construction authorities affiliated to the Ministry of
Construction shall issue Rank-I eligibility certificates;
b) Departments of Construction, socio-professional
organizations shall issue Rank-II and Rank-III eligibility certificates.
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If the eligibility certificate is issued against the law but
the competent authority that issued the eligibility certificate fails to revoke
it, the Ministry of Construction shall directly revoke that eligibility
certificate.
Article 87. Application for
certificate of eligibility for construction activities
1. An application for issuance of the eligibility
certificate for the first time or adjustments to the eligibility certificate
rank includes:
a) An application form provided in form 04 of the Appendix
IV of this Decree;
b) An establishment decision (if any);
c) A decision on recognition of construction laboratory of
the organization or principal contract on cooperation in carrying out testing
to serve construction with the recognized construction laboratory (applicable
to the applicant for the certificate of eligibility for geotechnical
engineering survey);
dd) A practicing certificate or declaration and
self-determination of the practicing certificate rank, using form No. 05 of
Appendix IV hereto or declaration of the practicing certificate code in case
the practicing certificate is issued as prescribed by the Law on Construction
2014, applicable to the titles that require the practicing certificate;
qualifications of individuals in charge;
dd) Eligibility certificate issued by a competent authority,
in the case of applying for adjustments to the eligibility certificate rank;
e) Contract and record on commissioning of completed typical
tasks (for construction survey organizations, construction planning design
organizations, construction design (assessment) organizations, construction
project management consultancies, construction supervision consulting
organizations of Rank I or Rank II);
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h) Documents specified in Points b, c, d, dd, e and g of
this Clause must be certified true copies or e-copies with legal validity.
2. An application for renewal or reissuance of the
eligibility certificate includes an application form provided in form 04 of the
Appendix V of this Decree and the original of the eligibility certificate. A
commitment form made by the applicant for reissuance is required in case of
loss of the eligibility certificate.
3. An application for adjustments or amendments to the
eligibility certificate includes an application form No. 04 provided in the
Appendix IV of this Decree, the original of the eligibility certificate and
certified true copy or e-copy with legal validity of documents related to the
adjustments or amendments to the eligibility certificate as prescribed in
clause 1 hereof.
4. The applicant shall pay charges for submission of the
application for eligibility certificate. Such charges shall be collected,
transferred, managed and used in accordance with regulations of the Ministry of
Finance.
Article 88. Council for evaluation
for issuance of the certificate of eligibility for construction activities
1. The head of the issuing authority shall establish a
council for evaluation for issuance of the certificate of eligibility for
construction activities.
2. The head of the issuing authority shall decide on
organizational structure and number of members of the council.
3. A council for evaluation for issuance of the eligibility
certificate established by a construction authority affiliated to the Ministry
of Construction or Department of Construction shall be composed of:
a) A council president who is a leader of the issuing
authority;
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c) Members who are public officials and public employees
whose major is relevant to the field covered by the eligibility certificate
applied for or experts whose expertise is relevant to the field covered by the
eligibility certificate applied for where necessary.
4. A council for evaluation for issuance of the construction
practicing certificate established by a socio-professional organization shall
be composed of:
a) A council president who is a leader of the
socio-professional organizations;
b) Members who are the ones of the socio-professional
organizations.
5. Council members shall work part-time and in accordance
with regulations promulgated by the council president.
Article 89. Evaluation for issuance
of eligibility certificates for construction activities
1. The authority competent to grant eligibility certificates
shall decide the grant of construction eligibility certificates after obtaining
evaluation results from the council for evaluation for issuance of eligibility
certificates for construction activities.
2. Construction eligibility of the organization shall be
evaluated according to the criteria of meeting the construction eligibility
requirements according to this Decree.
3. Each individual employed by the organization can hold one
or more titles that require(s) a practicing certificate, perform the tasks when
they meet the respective eligibility requirements as prescribed. If the
organization only has individuals holding the titles requiring practicing
certificates of one or certain fields, types or disciplines, the evaluation
shall be carried out in accordance with Clause 4 of this Article.
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a) For a construction survey organization: The individual
working as a president in charge of carrying out survey shall obtain a
construction survey practicing certificate relevant to the rank for which a
certificate is sought by the organization. case the individual has a practicing
certificate for one field of construction survey, an eligibility certificate
will be considered issuing for that field of construction survey;
b) For a construction planning organization: The individual
working as a president or chairperson in charge of the fields of construction
planning, technical infrastructure, traffic of the construction planning
project must have a construction planning design practicing certificate
relevant to the rank for which a certificate is sought by the organization;
c) For a construction design (assessment) organization:
For construction design (assessment) of civil and industrial
works: The individual working as a president of construction design,
chairperson of construction design (assessment) of architecture, construction
structure, mechanical - electrical, water supply – drainage of construction
design must have a construction design practicing certificate, including:
architecture design, construction structure design, mechanical - electrical
design, water supply – drainage design appropriate to the job undertaken and
the rank for which a certificate is sought by the organization. In case the
individuals only work as presidents for one or several subjects of the
construction design, an eligibility certificate will be considered issuing for
those subjects of construction design.
For construction design (assessment) organization of traffic
works: The individual working as a president of construction design,
chairperson of construction design (assessment) must have a traffic
construction design practicing certificate relevant to the category of the work
and the rank for which a certificate is sought by the organization.
For construction design (assessment) organization of
agricultural and rural development works: The individual working as a president
of construction design, chairperson of construction design (assessment) must
have a agricultural and rural development construction design practicing
certificate relevant to the category of the work and the rank for which a
certificate is sought by the organization.
For construction design (assessment) organization of
technical infrastructure works: The individual working as a president of
construction design, chairperson of construction design (assessment) must have
a technical infrastructure construction design practicing certificate relevant
to the category of the work and the rank for which a certificate is sought by
the organization;
d) For project management consultancies: The individual
working as a project manager must have a project management practicing certificate
relevant to the rank for which a certificate is sought by the organization; the
individual in charge of specialized fields must have a construction supervision
practicing certificate, construction valuation practicing certificate in line
with the project group, work class, job taken and rank for which a certificate
is sought by the organization;
dd) For construction supervision organizations: The
individual working as a chief supervisor or supervisor must have a construction
supervision practicing certificate relevant to the field and rank for which a
certificate is sought by the organization. If the individual only has a
practicing certificate for one field of construction supervision, only an
eligibility certificate for such field will be issued;
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5. An individual engaged in performance of a job being an
employee of the organization as per the labor law will be considered qualified
for the field for which an eligibility certificate is sought if his/her
expertise as prescribed in Article 67 hereof is relevant to the job taken. An
individual in charge of construction must have the expertise equivalent to that
of the individual who seeks a construction supervision practicing certificate.
6. The organization’s experience shall be determined
qualified if the work performed is accepted as prescribed, is consistent with
the business lines, eligibility rank and within the validity period of the
eligibility certificate. If the organization performs the work in a period over
which an eligibility certificate is not required, the work performed must be
consistent with the registered business lines. For a rank-III organization
seeking eligibility certificate for construction activities, it is not required
to prove the experience in work performed.
If the organization only performs the specialized
construction, only an eligibility certificate for such specialized construction
is issued.
Article 90. Procedures for issuance
and revocation of certificate of eligibility for construction activities
1. Regarding issuance of the eligibility certificate:
a) The applicant shall submit an application form for
issuance of the eligibility certificate prescribed in Article 87 of this
Decree, electronically or by post or in person, to the issuing authority;
b) From the date on which the satisfactory is received, the
issuing authority shall issue the eligibility certificate within 20 days in the
case of issuance of the certificate for the first time, adjustments to the rank
of, adjustments or amendments to the eligibility certificate, and within 10
days in the case of reissuance of the eligibility certificate. In the case the
application is unsatisfactory, the issuing authority shall notify the applicant
in writing once within 05 days from the date on which the application is
received.
2. Regarding revocation of the eligibility certificate:
a) Within 10 days from the date on which the inspection
conclusion, including a proposal for revocation of the practicing certificate,
is received or it is discovered or there are grounds to believe that the
organization is mentioned in one of the cases specified in Clause 2 Article 84
of this Decree, the revoking authority shall issue a decision on revocation of
the eligibility certificate. In case of failure to revoke it, written
explanation shall be provided to the organization or individual that makes the
revocation proposal;
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c) The organization whose eligibility certificate is revoked
shall return the original of such certificate to the authority that issues the
revocation decision within 05 days from the receipt of the revocation decision;
d) In the cases where the eligibility certificate is
misstated at the fault of the issuing authority, the revoking authority shall
reissue the eligibility certificate within 05 days from the receipt of the
revoked eligibility certificate;
dd) In case the organization whose eligibility certificate
must be revoked fails to return the eligibility certificate as prescribed, the
competent authority that issues the revocation decision shall send him/her a
decision to pronounce cancellation of the eligibility certificate and publish
it on its website and provide information thereof to the Ministry of
Construction for integration into its website.
Article 91. Eligibility requirements
to be satisfied by organizations responsible for construction survey
1. General eligibility requirements for the ranks:
a) The organization responsible for construction survey must
have laboratories or sign a written agreement or principal contract on
cooperation in carrying out testing with the recognized laboratory serving
construction survey for the field of geotechnical engineering survey;
b) The organization responsible for construction survey must
have machinery and equipment or be capable of providing machinery and equipment
for survey related to the field for which an eligibility certificate is sought.
2. Rank I:
a) The individual working as a president in charge of
carrying out survey shall obtain a Rank-I construction survey practicing
certificate relevant to the field for which an eligibility certificate is
sought;
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c) The organization has carried out construction survey of
at least 01 group A project or higher or 02 group B projects or higher or 01
Class I work or higher or 02 Class II works or higher with the same type of
survey.
3. Rank II:
a) The individual working as a president in charge of
carrying out survey shall obtain a Rank-II construction survey practicing
certificate or higher relevant to the field for which an eligibility
certificate is sought;
b) The individual participating in carrying out survey shall
have his/her expertise relevant to the type of construction survey for which an
eligibility certificate is sought for;
c) The organization has carried out construction survey of
at least 01 group B project or higher or 02 group C projects or higher or 03
projects that require economic - technical reports or 01 Class II work or
higher or 02 Class III works or higher with the same type of survey.
4. Rank III:
a) The individual working as a president in charge of
carrying out survey shall obtain a Rank-III construction survey practicing
certificate or higher relevant to the field for which an eligibility
certificate is sought;
b) The individual participating in carrying out survey shall
have his/her expertise relevant to the type of construction survey for which an
eligibility certificate is sought for.
Article 92. Eligibility requirements
to be satisfied by organizations responsible for construction planning
formulation
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1. Rank I:
a) The individual working as a president or chairperson in charge
of specialized fields as to architecture - planning; technical infrastructure;
traffic of a planning project shall obtain a Rank-I practicing certificate
relevant to his/her specialized field;
b) The organization responsible for construction planning
formulation has formulated at least 01 construction planning project that has
been approved by the Prime Minister or 02 construction planning projects
(including at least 01 inter-district, district or general construction
planning project) that have been approved by the People’s Committee of the
province.
2. Rank II:
a) The individual working as a president or chairperson in
charge of specialized fields as to architecture - planning; technical
infrastructure; traffic of a planning project shall obtain a Rank-II practicing
certificate relevant to his/her specialized field;
b) The organization responsible for construction planning
formulation has formulated at least 01 construction planning project that has
been approved by the People's Committee of the province or 02 construction
planning projects that have been approved by the People’s Committee of the
district.
3. Rank III:
The individual working as a president or chairperson in
charge of specialized fields as to architecture - planning; technical infrastructure;
traffic of a planning project shall obtain a Rank-III practicing certificate
relevant to his/her specialized field.
Article 93. Eligibility requirements
to be satisfied by organizations responsible for construction design
(assessment)
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ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
1. Rank I:
a) The individual working as a president or chairperson in
charge of construction design (assessment) of design-related disciplines shall
obtain a Rank-I practicing certificate relevant to his/her specialized field;
b) The individual involved in construction design
(assessment) shall have his/her expertise relevant to the field and work type
for which an eligibility certificate is sought;
c) The organization has designed or appraised the design of
at least 01 Class I work or higher or 02 Class II works or higher of the same
type.
2. Rank II:
a) The individual working as a president or chairperson in
charge of construction design (assessment) of design-related disciplines shall
obtain a Rank-II practicing certificate relevant to his/her specialized field;
b) The individual involved in construction design
(assessment) shall have his/her expertise relevant to the field and work type
for which an eligibility certificate is sought;
c) The organization has designed or appraised the design of
at least 01 Class II work or higher or 02 Class III works or higher of the same
type.
3. Rank III:
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b) The individual involved in construction design
(assessment) shall have his/her expertise relevant to the field and work type
for which an eligibility certificate is sought.
Article 94. Eligibility requirements
to be satisfied by project management consultancy
Each organization responsible for construction design must
satisfy eligibility requirements corresponding to eligibility ranks as follows:
1. Rank I:
a) The individual working as a project manager shall obtain
a Rank-I project management practicing certificate;
b) The individual in charge of specialized fields shall
obtain a Rank-I practicing certificate of construction supervision,
construction valuation relevant to his/her tasks;
c) The individual involved in project management shall have
his/her expertise relevant to his/her tasks;
d) The project management consultancy has managed at least
01 group A project or 02 group B projects or higher.
2. Rank II:
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b) The individual in charge of specialized fields shall
obtain a Rank-II practicing certificate of construction supervision,
construction valuation relevant to his/her tasks;
c) The individual involved in project management shall have
his/her expertise relevant to his/her tasks;
d) The project management consultancy has managed at least
01 group B project or higher or 02 group C projects or higher.
3. Rank III:
a) The individual working as a project manager shall obtain
a Rank-III project management practicing certificate or higher;
b) The individual in charge of specialized fields shall
obtain a Rank-III practicing certificate of construction supervision,
construction valuation relevant to his/her tasks;
c) The individual involved in project management shall have
his/her expertise relevant to his/her tasks,
Article 95. Eligibility requirements
to be satisfied by organizations responsible for construction execution
Each organization responsible for construction execution
must satisfy eligibility requirements corresponding to eligibility ranks as follows:
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a) The individual working as a site manager shall satisfy
requirements applied to a Rank I site manager, relevant to his/her specialized
field;
b) The individual in charge of execution of a specialized
field shall obtain a bachelor’s degree or Level 5 of VQF Advanced Diploma
relevant to his/her tasks, and has a work duration of at least 03 year and 05
years with respect to the holder of the bachelor’s degree and Level 5 of VQF
Advanced Diploma respectively;
c) The organization shall be capable of providing sufficient
machinery and equipment meeting construction execution requirements that match
its tasks;
d) The organization has directly executed tasks of a work
item, work or component (in case of specialized construction) relevant to the
requirements of the certificate of at least 01 Class I work or higher or 02
Class II works or higher of the same type in case of the construction
execution;
dd) The organization has directly installed equipment of the
work item or work relevant to the requirements of the certificate of at least
01 Class I work or higher or 02 Class II works or higher of the same type in
case of installation of equipment to the work.
2. Rank II:
a) The individual working as a site manager shall satisfy
requirements applied to a Rank-II or higher site manager relevant to his/her
specialized field;
b) The individual in charge of execution of a specialized
field shall obtain a bachelor’s degree or Level 5 of VQF Advanced Diploma
relevant to his/her tasks, and has a work duration of at least 01 year and 03
years with respect to the holder of the bachelor’s degree and Level 5 of VQF
Advanced Diploma respectively;
c) The organization shall be capable of providing sufficient
machinery and equipment meeting construction execution requirements that match
its tasks;
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dd) The organization has directly installed equipment of the
work item or work relevant to the requirements of the certificate of at least
01 Class II work or higher or 02 Class III works or higher of the same type for
the installation of equipment to the work.
3. Rank III:
a) The individual working as a site manager shall satisfy
requirements applied to a Rank-III or higher site manager relevant to his/her
specialized field;
b) The individual in charge of a specialized field shall
obtain a bachelor’s degree or Level 5 of VQF Advanced Diploma relevant to
his/her tasks;
c) The organization shall be capable of providing sufficient
machinery and equipment meeting construction execution requirements that match
its tasks.
Article 96. Eligibility requirements
to be satisfied by organization responsible for construction supervision
consulting
Each organization responsible for construction supervision
consulting must satisfy eligibility requirements corresponding to eligibility
ranks as follows:
1. Rank I:
a) The individual working as a chief supervisor shall obtain
a Rank-I construction supervision practicing certificate or a supervisor shall
obtain a construction supervision practicing certificate relevant to the work
type for which an eligibility certificate is sought;
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ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
c) The organization has supervised the installation of
equipment to the work of at least 01 Class I work or higher or 02 Class II
works or higher in case of installation of equipment to the work.
2. Rank II:
a) The individual working as a chief supervisor shall obtain
a Rank-II or higher construction supervision practicing certificate or a
supervisor shall obtain a construction supervision practicing certificate
relevant to the work type for which an eligibility certificate is sought;
b) The organization has supervised construction of at least
a 01 Class II work or higher or 02 Class III works or higher of the same type
covered by the eligibility certificate applied for in case of construction
execution;
c) The organization has supervised the installation of equipment
to the work of at least 01 Class II work or higher or 02 Class III works or
higher in case of installation of equipment to the work.
3. Rank III:
The individual working as a chief supervisor shall obtain a
Rank-III or higher construction supervision practicing certificate or a
supervisor shall obtain a construction supervision practicing certificate
relevant to the work type for which an eligibility certificate is sought.
Article 97. Eligibility requirements
to be satisfied by organizations responsible for construction inspection
1. Any organization engaging in inspecting quality,
identifying causes of damage, service life of parts of works or constructions
works and carrying out inspections to indentify causes of construction
incidents shall satisfy the eligibility requirements corresponding to
eligibility ranks as follows:
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ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
- The individual working as a chairperson in charge of
construction inspection shall satisfy appropriate Rank-I eligibility
requirements for construction inspection practicing;
- The individual working as a chairperson in charge of
construction inspection shall have his/her expertise relevant to construction
inspection;
- The organization has inspected construction of at least 01
Class I work or higher or 02 Class II works or higher of the same type.
b) Rank II:
- The individual working as a chairperson in charge of
construction inspection shall satisfy appropriate Rank-II or higher eligibility
requirements for construction inspection practicing;
- The individual working as a chairperson in charge of
construction inspection shall have his/her expertise relevant to construction
inspection;
- The organization has inspected construction of at least 01
Class II work or higher or 02 Class III works or higher of the same type.
c) Rank III:
- The individual working as a chairperson in charge of
construction inspection shall satisfy appropriate Rank-III eligibility
requirements for construction inspection practicing;
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2. Scope of operation:
a) Rank I: the organization is entitled to inspect
construction of all works of the same type;
b) Rank II: the organization is entitled to inspect construction
of Class II works or below of the same type;
c) Rank III: the organization is entitled to inspect
construction of Class III works or below of the same type.
3. Any organization engaging in inspecting quality of
construction materials, components and products shall satisfy the following
requirements:
a) Construction laboratories must be used with the tests
recognized by a competent authority in conformity with the inspected items;
b) The inspector’s expertise must be conformable with the
construction inspection.
Article 98. Eligibility requirements
to be satisfied by organizations responsible for construction cost management
consulting
1. Each organization responsible for construction cost
management consulting must satisfy eligibility requirements corresponding to
eligibility ranks as follows:
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ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
- The individual working as a chairperson in charge of
construction cost management shall obtain a Rank-I construction valuation
practicing certificate;
- The individual involved in construction cost management
shall have his/her expertise relevant to the construction cost management;
- The organization has managed the cost of execution of at
least 01 group A project or higher or 02 group B projects or higher.
b) Rank II:
- The individual working as a chairperson in charge of
construction cost management shall obtain a Rank-II or higher construction
valuation practicing certificate;
- The individual involved in construction cost management
shall have his/her expertise relevant to the construction cost management;
- The organization has managed the cost of execution of at
least 01 group B project or higher or 02 group C projects or higher or at least
03 projects that require economic - technical reports.
c) Rank III:
- The individual working as a chairperson in charge of
construction cost management shall obtain a Rank-III or higher construction
valuation practicing certificate;
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ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
2. Scope of operation:
a) Rank I: the organization is entitled to perform the tasks
related to management of cost of execution of all projects;
b) Rank II: the organization is entitled to perform the
tasks related to management of cost of execution of group B projects or below;
c) Rank III: the organization is entitled to perform the
tasks related to the management of cost of execution of group C projects and
projects that only require economic - technical reports.
Article 99. Posting information
about organizations and individuals’ eligibility for construction activities
1. The information about organizations and individuals’
eligibility for construction activities issued with the certificate shall be
posted on the website under the management of the issuing authority, and
integrated into the website of the Ministry of Construction.
2. Procedures for posting information about eligibility for
construction activities:
The issuing authority shall post information about
organizations and individuals’ eligibility for construction activities on the
website under its management, and provide information thereof to a construction
authority affiliated to the Ministry of Construction for integration into its
website.
Information about eligibility for construction activities
shall be posted within 05 days from the issuance date of the certificate.
Information shall be integrated into the website of the Ministry of
Construction within 03 days from the receipt of information from the issuing
authority.
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1. A socio-professional organization will be certified
eligible to issue construction practicing certificates if it:
a) has its field related to construction activities and
operates nationwide;
b) has been allowed to be established and had its charter
approved by a competent authority.
2. An application for certification of eligibility to issue
eligibility certificate includes:
a) An application form provided in form 02 of the Appendix
IV of this Decree;
b) Certified true copy or e-copy with legal validity of the
written permission for establishment and written approval for the charter
granted by a competent authority.
3. Procedures for certification of eligibility to issue
eligibility certificate:
a) The socio-professional organization shall submit an
application prescribed in Clause 2 of this Article to the Ministry of
Construction;
b) Within 20 days from the receipt of the satisfactory
application, the Ministry of Construction shall consider issuing a decision to
certify the socio-professional organization eligible to issue eligibility
certificate. Such decision shall be sent to the socio-professional
organizations and published on the website of the Ministry of Construction
within 05 days from the issuance date of the decision.
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1. A socio-professional organization shall have its decision
on certification of eligibility to issue eligibility certificates revoked in
one of the following cases:
a) It no longer satisfies one of the conditions specified in
Clause 1 Article 100 of this Decree;
b) The eligibility certificate is issued to the field beyond
the scope of certification;
c) The eligibility certificate is issued ultra vires;
d) The eligibility certificate is issued to an organization
that fails to meet eligibility requirements as prescribed.
2. The Ministry of Construction shall revoke the decision to
certify the socio-professional organizations eligible to issue eligibility
certificates when it is discovered that or there are grounds to believe that
the socio-professional organization is mentioned in one of the cases specified
in Clause 1 of this Article. The revocation of the decision to certify a
socio-professional organization eligible to issue eligibility certificate shall
be considered and decided within 15 days from the date on which there are
sufficient grounds for the revocation. The revocation decision shall be sent to
the socio-professional organization and published on the website of the
Ministry of Construction. The socio-professional organization the recognition
decision of which has been revoked under the cases specified at points b, c and
d, Clause 1 of this Article may request recognition after 06 months from the
date of issuance of the decision on revocation. The issuance of decisions to
certify socio-professional organizations eligible for grant of eligibility
certificate shall comply with Article 100 of this Decree.
Section 3. ISSUANCE OF CONSTRUCTION
OPERATING LICENSE TO FOREIGN CONTRACTORS
Article 102. Rules for management of
foreign contractor operation
1. The foreign contractor is only permitted to carry out
construction activities in Vietnam after receiving a construction operating
license issued by state agency in charge of construction.
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Article 103. Requirements for
eligibility to be granted construction operating license
1. A foreign contractor will be granted the construction
operating license if it has been awarded the contract by the
investor/contractor (subcontractor).
2. The foreign contractor must set up a joint venture with a
Vietnamese contractor or employ Vietnamese sub-contractors, unless the
Vietnamese contractor is ineligible to execute any tasks of the contract
package. Upon the joint venture or employment of Vietnamese contractors, it is
required to clarify contents, quantity and value of tasks performed by
Vietnamese contractors in the joint venture or Vietnamese sub-contractors.
3. The foreign contractor must commit to comply with
regulations of Vietnamese law on contract execution in Vietnam.
Article 104. Application for and
competence in issuance of construction operating license
1. The foreign contractor must send an application directly
or by post to the agency issuing construction operating license (hereinafter
referred to as issuing agency), including:
a) An application form for construction operating license
No. 01, 04 of Appendix IV hereto;
b) A certified true copy of the report on bid results or the
decision on lawful contract award;
c) A certified true copy or e-copy of the establishment
license or the Certificate of Business registration and practice license (if any) of the foreign contractor issued by
its nationality country;
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dd) A certified true copy or e-copy of a joint-venture
contract with the Vietnamese contractor or an official contract or a rule
contract with the Vietnamese sub-contractor to carry out the contract
(available in the bid);
e) A lawful power of attorney held by the person who is not
the legal representative of the contractor;
g) A certified true copy or e-copy of project approval
decision or investment decision or investment certificate of the project/work.
2. The application form for issuance of construction
operating license shall be made in Vietnamese. The foreign establishment
license or the foreign business registration certificate must bear consular
authentication, unless an international treaty to which Vietnam and relevant countries are signatories provides for exemption for consular
authentication. If documents prescribed in Point b, c, dd and e Clause 1 of
this Article are made in foreign languages, they are required to be translated
into Vietnamese and the translations must be notarized or certified as
prescribed in Vietnamese law.
3. Competence in issuance of construction operating license:
a) Construction authorities affiliated to the Ministry of
Construction shall issue construction operating licenses to foreign contractors
in charge of projects of national importance, group-A projects or construction
projects located in at least two provinces;
b) Departments of Construction shall issue construction
operating license to foreign contractors in charge of group-B or group-C
projects of provinces.
Article 105. Time limit and fees for
issuance of the construction operating license
1. The construction authority prescribed in Clause 3 Article
104 of this Decree shall verify the application for issuance of construction
operating license to the foreign contractor within 20 (twenty) days, from the
date on which the sufficient application prescribed in Article 104 of this
Decree is received. If the application is rejected, the issuing agency must
provide explanation in writing for the contractor.
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3. The construction operating license shall be invalid in
following cases:
a) The contract is completed and finalized;
b) The contract is invalid due to the suspension,
dissolution, bankrupt of the foreign contractor or other reasons as prescribed
in Vietnamese law and the legislation of the country which the foreign
contractors hold nationality.
Article 106. Revocation of
construction operating license
1. A foreign contractor shall have its construction
operating license revoked in one of the following cases:
a) The application for issuance of construction operating
license contains counterfeit documents;
b) Contents of the construction operating license are
corrected, erased or falsified;
c) The construction operating license is misstated at the
fault of the issuing authority;
d) The construction operating license is issued ultra vires.
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a) Authorities that have the power to issue construction
operating licenses are the ones that have the power to revoke the construction
permits that they issued;
b) If the construction operating license is issued against
the law but the competent authority that issued the construction operating
license fails to revoke it, the Ministry of Construction shall directly revoke
that construction operating license.
3. Procedures for revocation of construction operating
license:
a) Within 10 days from the date on which the inspection
conclusion of the construction authority, including a proposal for revocation
of the construction operating license, is received or it is discovered or there
are grounds to determine one of the cases specified in clause 1 hereof, the
revoking authority shall issue a decision on revocation of the construction
operating license. In case of failure to revoke it, a written explanation shall
be provided to the organization that makes the revocation proposal;
b) The revoking authority shall send the revocation decision
to the individual or organization whose license is revoked; and forward it to
the investor and relevant agencies;
c) The organization or individual whose construction
operating license is revoked shall return the original of such certificate to
the authority that issues the revocation decision within 05 days from the
receipt of the revocation decision;
d) In the cases where the construction operating license is
incorrect because of the issuing authority, the revoking authority shall
reissue the construction operating license within 05 days from the receipt of
the revoked construction permit; in case of violations in point a, point b
clause 1 hereof, the authority that has competence to issue a construction
operating license to the foreign contractor shall only do that when 12 months
has elapsed since the date of revocation;
dd) In case the individual whose construction operating
license must be revoked fails to return the construction operating license as
prescribed, the competent authority that issues the revocation decision shall
send him/her a decision to pronounce cancellation of the construction operating
license and forward it to the investor and relevant agencies.
Article 107. Rights and obligations
of the foreign contractor
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a) Request competent authorities to provide guidelines for
preparing application for issuance of the construction operating license and
other issues concerning the contractor as prescribed in this Decree;
b) File complaints and whistleblowing reports against
violations committed by organizations or individuals prescribed in this Decree;
c) Have its lawful business interests in Vietnam protected according to the granted construction operating license.
2. A foreign contractor has the obligations to:
a) Establish an executive office in the area where the
project is executed after obtaining the construction operating license;
register address, telephone, fax, email, seal, account and tax identification
number of the executive office. Regarding the contract on planning formulation,
construction project formulation, construction survey or construction design,
the foreign contractor may establish an executive office in the area where the
investor’s head office is located or establish no executive office in Vietnam. Regarding the contract on construction and supervision construction of the work
that goes through multiple provinces, the foreign contractor may establish an
executive office in an area which the work goes through. The executive office
shall only operate within the term of contract and it shall be dissolved when
the contract expires;
b) Register or cancel specimen of the seal or return the
seal after a contract is terminated as prescribed by law. The foreign
contractor shall only use this seal for executing contracts in Vietnam as prescribed in its construction operating license;
c) Register and pay taxes as prescribed by Vietnam’s law,
comply with accounting regulations, open accounts and make payments under the
guidance of the Ministry of Finance and the State Bank of Vietnam to serve its
business under the contract;
d) Recruit employees and employ Vietnamese and foreign
employees as prescribed by Vietnam’s law on labor. Only economic management
experts, technical management experts and skilled labors that Vietnam is unable to provide are sent to Vietnam;
dd) Follow procedures for import and export of materials,
machinery and equipment related to the contract agreement in Vietnam as prescribe by Vietnam’s law;
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g) Buy insurance as prescribed by Vietnam’s law in respect
of operation of the contractor, including: professional liability insurance for
construction consultancy contractors; cargo insurance for procurement
contractors; insurance for construction execution contractors and other
insurance policies as prescribed in Vietnamese law;
h) Register and inspect quality of imported materials and
equipment provided under the contract agreement;
i) Register and inspect safety of construction equipment and
vehicles related to business activities of the foreign contractor as prescribed
by Vietnam’s law;
k) Comply with regulations on standards, criteria,
construction quality control, occupational safety and environmental protection
as well as other relevant regulations of Vietnamese law;
l) Comply with reporting regulations specified in its
construction operating license;
m) When the work is completed, the foreign contractor must
prepare as-built documents; take responsibility for warranty; make statement of
exported materials and equipment; handle remaining materials and equipment in
the construction contract in accordance with regulations of law on import and
export; re-export materials and construction equipment registered in accordance
with regulations on temporary import – re-export; complete the contract;
concurrently, notify relevant regulatory agencies of the contract completion,
shutdown of the executive office.
Article 108. Responsibility of the investor
or the project owner to the foreign contractor
The investor or the project owner or the contractor has
responsibility to:
1. Conclude the contract agreement with the foreign
contractor if the foreign contractor has been issued the construction operating
license; instruct the foreign contractor to comply with this Decree and
relevant law provisions; support the foreign contractor in preparation of
documents related to the construction work that the foreign contractor declares
in the application for contract permit issuance and relevant procedures as
prescribed in Vietnamese law. Register export or import of materials, machinery
or equipment related to the contract execution in company with the foreign
contractor as prescribed herewith.
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3. Consider the capacity of domestic construction equipment
supply of the foreign contractor before making a list of construction
machinery, equipment that applies for temporary import – re-export.
4. Consider capacity of technical labor supply in Vietnam of the foreign contractor before making a list of foreigner staff working for the contractor
before they apply for entering Vietnam.
5. Certify the statement of imported materials of the
foreign contractor upon the construction completion.
6. Send notification of functions and tasks of the foreign
contractor carrying out project management consultancy and supervising
construction quality on behalf of the investor or the project owner to other
contractors and agencies in charge of construction quality management.
Chapter VII
IMPLEMENTATION
Article 109. Implementation
1. The Ministry of Construction
a) Be held accountable to the Government in state management
of scope of regulation of this Decree. Provide guidance on and inspect
implementation of this Decree of relevant Ministries, agencies or
organizations;
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2. Ministries in charge of field-based construction works
shall direct and inspect the construction authorities in charge of appraisal of
feasibility study report, economic - technical reports, construction design
following basic design of the field-based construction work or project, in
particular:
a) The Ministry of Construction shall take charge of civil
construction projects; urban, residential area construction projects;
functional infrastructure construction projects; projects for construction of
light industries, manufacturing of building materials, construction products,
infrastructure and urban roads (except for national highways running through
urban areas);
b) The Ministry of Transport shall take charge of transport
construction projects, works (excluding projects, works under management of the
Ministry of Construction prescribed in Point a hereof);
c) The Ministry of Agriculture and Rural Development shall take
charge of projects, works in service of agriculture and rural development;
d) The Ministry of Transport shall take charge of industrial
construction projects, works (excluding projects, works under management of the
Ministry of Construction prescribed in Point a hereof);
dd) The Ministry of National Defense, Ministry of Public
Security shall take charge of national defense and security projects and works.
3. The Ministry of Finance shall provide specific
regulations on charges and fees related to the following activities: appraisal
of construction projects, construction engineering and construction estimate;
issuance of construction operating licenses to foreign contractors, practicing
certificates and eligibility certificates.
4. The People’s Committees of provinces shall exercise state
management over the matters governed by this Decree in their administrative
areas as delegated; direct and inspect construction authorities in the
appraisal of feasibility study reports, economic - technical reports, construction
designs following basic designs of construction projects under their fields, in
specific:
a) The Ministry of Construction shall take charge of civil
construction projects; urban, residential area construction projects;
functional infrastructure construction projects; projects for construction of
light industries, manufacturing of building materials, construction products,
infrastructure and urban roads (except for national highways running through
urban areas);
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c) The Ministry of Agriculture and Rural Development shall
take charge of projects, works in service of agriculture and rural development;
d) The Ministry of Transport shall take charge of industrial
construction projects, works (excluding projects, works under management of the
Ministry of Construction prescribed in Point a hereof);
dd) Management boards of industrial parks, export processing
zones, hi-tech parks and economic zones shall take charge of projects and works
constructed in industrial parks, export processing zones, hi-tech parks, and
economic zones;
e) For provinces and centrally affiliated cities that have
Departments of Transport - Construction, this Department shall perform the
tasks at Points a and b of this Clause.
5. Based on specific circumstances of each district, the
People’s Committee of province shall delegate construction authorities
affiliated to the People's Committees of districts to appraise feasibility
study reports, economic-technical reports, construction designs following basic
designs of construction projects in the districts and shall have the right to
adjust the delegation of appraisal as prescribed in Point dd, Clause 4 of this
Article.
6. The People’s Committee of district shall carry out state
management of regulations of this Decree in the district; direct and inspect
the offices in charge of construction management in terms of appraisal of
feasibility study reports, the construction designs following basic designs of
construction works as delegated by the People’s Committee of the province.
7. Ministries, agencies, People’s Committees of provinces
shall establish and re-organize field-based PMBs, area-based PMBs in order to
manage construction projects funded by public investment capital, state capital
other than public investment capital as prescribed in this Decree. Any guiding
document on this Decree may only issued with the Ministry of Construction.
8. Ministries in charge of field-based PMBs, the People’s
Committees of central-affiliated cities and provinces, economic groups,
state-owned general companies shall send periodical or annual reports on
project management to the Ministry of Construction for monitoring. The Ministry
of Construction shall provide guidelines for contents, forms and deadlines for
reports.
Article 110. Grandfather clause
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2. For construction projects, which have been submitted to
the construction authorities for appraisal and appraisal of basic designs
according to the provisions of the Construction Law 2014 but there is no
notice of appraisal results before the effective date of this Decree, the
appraisal by the construction authority shall continue to comply with the
Construction Law 2014 , guiding documents and are not required to conduct the
appraisal of feasibility study reports according to the provisions of this
Decree.
3. For construction works the construction designs following
the basic designs of which have been submitted to the construction authorities
for appraisal before January 1, 2021 and no notification of appraisal results
is received before the date of entry of this Decree, the appraisal by the
construction authorities are carried out as follows:
a) For construction works subject to appraisal according to
the Law on Construction 2014 and not subject to the scope of application of the
provisions of Decree No. 113/2020/ND-CP dated September 18, 2020 of the
Government, the appraisal shall continue to comply with the provisions of the Law
on Construction 2014 and guiding documents;
b) For construction works subject to the scope of
application of the Government's Decree No. 113/2020/ND-CP dated September 18,
2020, the appraisal of construction design following basic design and review of
construction permit exemption eligibility shall continue to comply with the
provisions of Decree No. 113/2020/ND-CP dated September 18, 2020 of the
Government. In case the design documents submitted for appraisal does not meet
the requirements, the construction authority shall send a document to the
investor to complete and carry out the appraisal according to the provisions of
this Decree.
4. For a construction work for which the appraisal result of
the construction design following the basic design has been notified by the
construction authority according to the provisions of Decree No. 113/2020/ND-CP
dated September 18, 2020 but not subject to the request for appraisal at a
construction authority according to the Law on Construction 2014, amended in
Law No. 62/2020/QH14, in a case where the construction design following the
basic design is modified, the appraisal of the adjusted design and the
management of the construction permit are carried out as follows:
a) If the notification of design appraisal result by
construction authorities shows the eligibility for exemption of a construction
permit, the investor may appraise the modified construction design by itself,
and then send a notice together with a report on appraisal result to the
construction issuing agency and the local construction authority before
continuing the construction;
b) In case the notification of design appraisal result of
the construction authority does not mention whether it is eligible for
exemption of a construction permit, the investor may appraise the modified
construction design by itself and apply for issuance of or modification to a
construction permit as prescribed.
5. For a construction project the basic design of which has
been appraised by a construction authority according to regulations of the Law
on Construction 2014, when the investor submits a feasibility study report for
appraisal according to the provisions of this Decree, the construction
authority may only carry out the appraisal for the remaining works of project.
6. For a project with the form of project management has
been approved by the investment-decision maker according to the provisions of
Article 62 of the Construction Law 2014 , such approval shall keep being
effective; however, to achieve the project management quality and progress, the
investment-decision maker may modify the form of project management according
to the provisions of this Decree.
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8. For a construction work which has undergone appraisal of
the construction design following the basic design at a construction authority
(including the appraisal of modified construction design) and is not exempt
from a construction permit as prescribed in Article 89 of the Law on
Construction in 2014, amended in Clause 30, Article 1 of Law No. 62/2020/QH14,
a construction permit must be issued under the provisions of this Decree,
except contents specified in Clause 4, Article 41 and Clause 2, Article 54 of
this Decree.
In case a construction work has been granted a construction
permit, the construction permit modification must comply with Article 51 of
this Decree.
9. A work that is exempt from a construction permit under
the provisions of the Law on Construction 2014 and has not commenced
construction before the date of entry of this Decree but is subject to a
construction permit as prescribed in Law No. 62/2020/QH14 must have a
construction permit issued in accordance with the provisions of this Decree.
10. An individual who has been granted a practicing
certificate with a definite term in accordance with the Construction Law 2003
may continue using the certificate until its expiration date. Based on the
construction eligibility specified in this Decree, the individual may declare
and self-determine the rank of the certificate together with the unexpired
practicing certificate as a basis for engaging in construction activities. The
declaration and self-determination of certificate rank is specified in Form No.
05 of Appendix IV hereto.
11. An organization or individual that has been granted an
eligibility certificate or practicing certificate according to the Law on
Construction 2014 before the effective date of this Decree may continue using
the certificate within the field and scope of construction activities stated
therein until it expires. From the effective date of this Decree, if the
organization or individual applies for modification to or supplementation of
the eligibility certificate or practicing certificate, this Decree shall
prevail.
12. An organization or individual that has submitted an
application for issuance of eligibility certificate or practicing certificate
before the effective date of this Decree shall be considered for certification
in accordance with Decree No. 100/2018/ND-CP dated July 16, 2018 of the
Government.
Article 111. Entry into force
1. This Decree comes into force as of the date of its
signing and supersedes the Government's Decree No. 59/2015/ND-CP dated June 18,
2015 on construction project management; Decree No. 42/2017/ND-CP dated April
5, 2017 of the Government on amendments to the Government's Decree No.
59/2015/ND-CP dated June 18, 2015 on construction project management; Article
1, Article 4, Appendix I through Appendix IX of the Government's Decree No.
100/2018/ND-CP dated July 16, 2018 on amendments and annulment of certain
provisions on business investment conditions in the fields of state management
of the Ministry of Construction. Every regulations of the Government,
Ministries, ministerial-level agencies and local governments in contrary to
this Decree shall be annulled.
2. Ministers, Heads of ministerial-level agencies, Heads of
Governmental agencies, the President of People’s Committee of provinces and
central-affiliated cities shall implement this Decree./.
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ON
BEHALF OF THE GOVERNMENT
PRIME MINISTER
Nguyen Xuan Phuc
APPENDIX I
FORMS OF APPLICATIONS AND DOCUMENTS
IN ASSESSMENT OF FEASIBILITY STUDY REPORT, CONSTRUCTION DESIGN FOLLOWING THE
FUNDAMENTAL DESIGN
Form No. 01
Application for appraisal of feasibility study report
Form No. 02
Notice of the feasibility study report appraisal result
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Decision on approval for the construction project
Form No. 04
Application for appraisal of construction design following
fundamental design
Form No. 05
Report on construction design assessment
Form No. 06
Notice of appraisal result of construction design
following fundamental design
Form No. 07
Decision on approval for construction design following
fundamental design
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Specimen of seal of construction design assessment,
approval
Form No. 01
ORGANIZATION’S
NAME
-------
SOCIALIST REPUBLIC OF VIETNAM
Independence - Freedom - Happiness
---------------
No. ……..
[Location]……..,[date]…………..
APPLICATION
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To: (Construction authority).
Pursuant to the Law on Construction No. 50/2014/QH13,
amended by the Law No. 03/2016/QH14, Law No. 35/2018/QH14, Law No. 40/2019/QH14
and Law No. 62/ 2020/QH14;
Pursuant to the Government's Decree No. /2021/ND-CP dated
March 2021 elaborating construction investment project management;
Other relevant legal basis …………………………………………………….
(Organization’s name) applies to the (Construction authority)
for appraisal of the feasibility study report of (Project name) with the
following:
I. PROJECT’S GENERAL INFORMATION
1. Project name:
2. Project type, group:
3. Type and class of main work(s); design life of main
work(s).
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5. Investor (if any) or representative organization and
contact (address, phone number, etc.):
6. Construction site:
7. Total investment:
8. Sources of funds for investment: ………. (in specific:
public investment capital/state capital other than public investment
capital/PPP method)
9. Time performed:
10. Applied standards, regulations:
11. Feasibility study report contractor:
12. Survey contractor:
13. Others (if any):
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1. Legal documents: list relevant legal documents as
prescribed in clause 3 Article 14 of this Decree.
2. Survey, design, total investment documents:
- Construction survey documents for project formulation;
- Notes of the feasibility study report (including total
investment; list of technical regulations, standards mainly applied).
- Basic design, including drawings and notes thereto.
3. Eligibility dossiers of contractors:
- Eligibility certificate codes of survey contractor,
construction design contractor, assessment contractor (if any):
- Construction practice certificate codes of the titles of
construction survey president, design, or investment estimate president,
chairperson; assessment president, chairperson;
- Construction operating license(s) of foreign contractor(s)
(if any).
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REPRESENTATIVE
OF ORGANIZATION
(Signature,
full name and seal)
Form No. 02
CONSTRUCTION
AUTHORITY
-------
SOCIALIST REPUBLIC OF VIETNAM
Independence - Freedom - Happiness
---------------
No.
…………Re: Notice of the feasibility study report appraisal result of project…
………….[Location]……..,[date]…………..
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To: (Applicant).
(Construction authority) has received document No….dated....
of ........ in the matter of application for feasibility study report
of...(project’s name).
Pursuant to the Law on Construction No. 50/2014/QH13,
amended by the Law No. 03/2016/QH14, Law No. 35/2018/QH14, Law No. 40/2019/QH14
and Law No. 62/ 2020/QH14;
Pursuant to the Government's Decree No… /2021/ND-CP dated
March 2021 elaborating construction investment project management;
Other relevant legal basis;
After reviewing, (construction authority) notifies the
feasibility study report appraisal result of the (project’s name) as follows:
I. PROJECT’S GENERAL INFORMATION
1. Project name:
2. Project group, type, and class of main works under the
project:
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4. Investor (if any) and contact (address, phone number,
etc.):
5. Construction site:
6. Total investment:
7. Sources of funds:
8. Time performed:
9. Applied standards, regulations:
10. Feasibility study report contractor:
11. Survey contractor:
12. Assessment contractor (if any)
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II. APPLICATION FOR APPRAISAL
1. Legal documents:
(List legal documents and other relevant documents of the
project)
2. Project, survey, design, and assessment documents (if
any):
3. Eligibility dossiers of contractors:
III. CONTENTS OF APPLICATION FOR APPRAISAL
A summary of the basic contents of the basic design dossier
of the project submitted for appraisal, which is enclosed, with the application
for feasibility study report of the applicant.
IV. APPRAISAL RESULTS
1. The compliance with regulations of law on formulation of
construction investment projects and basic design; construction eligibility of
construction-practicing organizations and individuals.
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3. The project's conformity with the investment policy
decided or approved by a competent regulatory agency; with the program,
implementation plan and other requirements of the project in accordance with
relevant laws (if any).
4. Connection to local infrastructure; infrastructure
capacity and assignment of responsibility for management of the works in
accordance with relevant laws for projects on construction of urban areas.
5. Conformity of basic design solutions for construction
safety; compliance with requirements on fire safety and environmental
protection.
6. Compliance with technical regulations and application of
standards in accordance with the law on technical standards and regulations.
7. Compliance with regulations of law on determination of
total construction investment (for projects using public investment capital,
state capital other than public investment capital).
V. CONCLUSION
The project (Project name) is qualified (not yet qualified)
for approval and initiation of further steps.
Request for amendment, supplement, or completion (if any).
This is the notice of the (Construction authority) on the
appraisal results of the feasibility study report of the (Project’s name).
Request the investor to study and comply with regulations.
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CONSTRUCTION
AUTHORITY
(Signature,
full name, position and seal)
Form No. 03
APPROVING
AGENCY
-------
SOCIALIST REPUBLIC OF VIETNAM
Independence - Freedom - Happiness
---------------
No. …….
……….[Location]……..,[date]…………..
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on approval for (project’s name…)*
(APPROVING AGENCY)
Pursuant to the Law on Construction No. 50/2014/QH13,
amended by the Law No. 03/2016/QH14, Law No. 35/2018/QH14, Law No. 40/2019/QH14
and Law No. 62/ 2020/QH14;
Pursuant to the Government's Decree No… /2021/ND-CP dated
March 2021 elaborating construction investment project management;
Other relevant legal basis;
Pursuant to the Notice of appraisal result No... of the
appraising agency (if any)
At the request of…in the Application No….dated…. of….
HEREBY DECIDES:
Article 1. Approve the (project’s name…)* with the following contents:
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2. Investment-decision maker:
3. Investor:
4. Construction objectives and scale:
5. Consulting organization to prepare feasibility study
report (economic - technical report) on construction investment, organize
construction survey (if any); basic design consulting organization:
6. Location and area of land used:
7. Project group and type; type and class of main work(s);
design life of main work(s):
8. Number of design steps, list of standards mainly applied:
9. Total investment; the value of the cost items in the
total investment:
10. Time for performance of the project, investment phases
(if any), term of the project (if any);
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12. Forms of project management applied:
13. Requirements for resources, exploitation, and use of
natural resources (if any); compensation, support, and resettlement plan (if
any):
14. Order of construction investment for construction works
involving state secrets (if any):
15. Other contents (if any).
Article 2. Implementation.
Article 3. Relevant
organizations and individuals shall implement this Decision.
APPROVING
AGENCY
(Signature,
full name, position and seal)
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*Notes: Form No. 03 applies to construction investment projects
that require the preparation of a feasibility study report and the preparation
of a construction investment economic-technical report.
Form No. 04
ORGANIZATION’S
NAME
-------
SOCIALIST REPUBLIC OF VIETNAM
Independence - Freedom - Happiness
---------------
No. …….
……….[Location]……..,[date]…………..
APPLICATION
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To: (Construction authority).
Pursuant to the Law on Construction No. 50/2014/QH13,
amended by the Law No. 03/2016/QH14, Law No. 35/2018/QH14, Law No. 40/2019/QH14
and Law No. 62/ 2020/QH14;
Pursuant to the Government's Decree No… /2021/ND-CP dated
March 2021 elaborating construction investment project management;
Other relevant legal basis;
(Investor’s name) applies to (Construction authority) to
appraise the construction design following fundamental design
I. GENERAL INFORMATION OF WORK
1. Name of work: ……………………………………………………………….
2. Type and class of the work: ……………………………………………………………….
3. Of the project: According to the investment decision
approved …………………………
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5. Construction site: ……………………………………………………………….
6. Cost estimation: …………………………………………………………
7. Sources of funds: ………………… (in specific: public
investment capital/state capital other than public investment capital/PPP
method)
8. Survey contractor: ……………………………………………………………….
9. Construction design contractor: ……………………………………………………………….
10. Construction design assessment contractor:
………………………………………………
11. Applied standards, regulations: …………………………………………………………….
12. Other relevant information: …………………………………………………………….
II. ENCLOSURES
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2. Construction survey, construction design documents:
- Construction survey dossier tested and certified by the
Investor;
- Construction design documents including drawings and notes
thereto;
- Construction cost estimation for works using public
investment capital or state capital other than public investment capital.
3. Eligibility dossiers of contractors:
III. ASSESSMENT OF CONSTRUCTION DESIGN DOCUMENTS
1. The responsiveness of the construction design with design
tasks, specified in the design contract and relevant laws.
2. The conformity of construction design with requirements
on technological lines and equipment (if any).
3. The formulation of work construction cost estimates; the
conformity of the estimated value of the work construction with the value of
the total construction investment.
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REPRESENTATIVE
OF ORGANIZATION
(Signature,
full name and seal)
Form No. 05
ASSESSING
AGENCY
-------
SOCIALIST REPUBLIC OF VIETNAM
Independence - Freedom - Happiness
---------------
No. …….
……..[Location]……..,[date]…………..
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REPORT ON CONSTRUCTION DESIGN ASSESSMENT
RESULT
(Name of work…)
To: (Investor’s name)
Pursuant to the Law on Construction No. 50/2014/QH13,
amended by the Law No. 03/2016/QH14, Law No. 35/2018/QH14, Law No. 40/2019/QH14
and Law No. 62/ 2020/QH14;
Pursuant to the Government's Decree No… /2021/ND-CP dated
March 2021 elaborating construction investment project management;
Other relevant legal basis;
Pursuant to the Document No.... dated... of (the applicant)
...in the matter of...;
Implementing the assessment consulting contract (contract
number) between (Investor’s name) and (Assessing agency’s name) in the matter
of assessment of technical design, construction drawing design and construction
estimate (Name of work). After reviewing, (Assessing agency’s name) reports the
results of assessment as follows:
I. GENERAL INFORMATION OF WORKS
- Name of work; type and class of work; design life of main
work(s).
...
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- Investor:
- Construction cost estimate:
- Sources of funds:
- Construction site:
- Survey contractor:
- Construction design contractor:
II. LIST OF DOCUMENTS TO BE ASSESSED
1. Legal documents:
(List the legal documents of the project)
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3. Documents used in the assessment (if any)
III. MAJOR CONTENT OF CONSTRUCTION DESIGN
1. Applied standards, regulations.
2. Main design solution of the work.
(Describe the main design solution of the work, parts of the
work)
3. Basis for determining construction cost estimates.
IV. COMMENTS ON THE QUALITY OF THE APPLICATION FOR
ASSESSMENT
(Comments and evaluate the following contents in details at
the request of the investor)
After receiving the application of (Name of investor) and
reviewing, (Name of the assessing agency) reports the quality of the
application for assessment as follows:
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2. Comments and evaluation of construction design details as
prescribed in Article 80 of the Law on Construction 2014.
3. Comment and assessment of construction cost estimates, in
specific:
a) The method chosen in preparing the cost estimation
compared with applicable regulations;
b) Basis for determining cost items;
c) Applied unit prices;
d) Reasonable construction costs (Design solutions and use
of materials and equipment suitable to the use functions of the work to ensure
savings on construction costs).
4. Conclusion of the assessing agency on eligibility or ineligibility
for assessment.
V. RESULT OF CONSTRUCTION DESIGN ASSESSMENT
(Some or all of the contents below depending on the
assessment requirements by the investor and the construction authority)
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a) Technical design (construction drawing design) compared
with the basic design;
b) Design construction drawings compared to design tasks in
case of one-step design.
2. The compliance with technical standards and regulations
applied; regulations on the use of construction materials for the work:
- The compliance with technical standards and regulations
applied:
- The use of materials for the work according to the
provisions of law:
3. Assessment of the conformity of construction design
solutions with the functions of the work, construction safety of the work and
safety of adjacent works:
- Assessment of the conformity of every design solution with
the functions of the work.
- Evaluation and conclusion of the bearing capacity of the
work, design solutions to ensure safety for adjacent works.
4. The rationality of the selection of technological lines
and equipment for the design of the work with technological requirements (if
any).
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6. Request to complete the application (if any).
VI. RESULTS OF ESTIMATE ASSESSMENT
1. Principles of assessment:
a) The compatibility between the primary quantity of the
cost estimation with the design quantity;
b) The correctness and rationality of application of unit
prices, construction norms, estimate of consulting costs and estimate of other
cost items in the cost estimation;
c) The estimated value of the work.
2. Value of construction estimate after assessment
Based on the above grounds and principles, the estimated
value after assessment is as follows:
No.
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Value to be assessed
Value post assessment
Increase, decrease (+;-)
1
Construction cost
2
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3
Project administration cost
4
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5
Extraordinary costs
6
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Total
(Appendix attached)
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3. Request to complete the application (if any).
VII. CONCLUSIONS AND RECOMMENDATIONS
Construction design documents and cost estimation are
eligible to execute the next steps.
Other recommendations (if any).
PRESIDENT, CHAIRPERSON OF EACH SUBJECT
- (Signature, full name, practicing certificate No…)
- ……………………….
- (Signature, full name, practicing certificate No…)
(The assessment results are supplemented with some other
particulars to meet the assessment requirements of the investor and the
assessment-consulting contractor).
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ASSESSING
AGENCY
(Signature,
full name, position, and seal)
Form No. 06
CONSTRUCTION
AUTHORITY
-------
SOCIALIST REPUBLIC OF VIETNAM
Independence - Freedom - Happiness
---------------
No.
……..Re: Notice of appraisal result of construction design following
fundamental design
…….[Location]……..,[date]…………..
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(The construction authority) receives the Application
No….dated….of….for appraisal of the construction design following the basic
design (if any) (name of the work)……of the (project’s name)……………
Pursuant to the Law on Construction No. 50/2014/QH13,
amended by the Law No. 03/2016/QH14, Law No. 35/2018/QH14, Law No. 40/2019/QH14
and Law No. 62/ 2020/QH14;
Pursuant to the Government's Decree No… /2021/ND-CP dated
….. 2021 elaborating construction investment project management;
Pursuant to the application for appraisal;
Based on construction design assessment results of
consulting organizations and individuals;
Other relevant legal basis …………………………………………………….
After reviewing, (construction authority) notifies the
construction design appraisal results as follows:
I. GENERAL INFORMATION OF THE WORK
1. Name of work:
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3. Name of project:
4. Construction site:
5. Investor:
6. Construction estimate:
7. Sources of funds:
8. Construction design contractor (if any):
9. Construction design assessment contractor:
10. Survey contractor:
11. APPLICATION FOR APPRAISAL OF CONSTRUCTION DESIGN
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ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
(List relevant legal documents in the application)
2. Survey, design, and assessment documents:
(List of documents to be appraised)
3. Construction operation capacity of organizations and
construction practice capacity of individuals participating in construction
design of the work:
List: Construction eligibility certificate codes of the
survey contractor, construction design contractor, assessment contractor;
construction practice certificate codes of the titles of construction survey
president, design president, chairperson; assessment president, chairperson;
construction license of foreign contractor (if any)
III. CONTENTS OF APPLICATION FOR APPRAISAL
Brief statement of main design solutions: Architecture,
foundation, structure, engineering system and other (if any).
IV. RESULTS OF CONSTRUCTION DESIGN APPRAISAL
1. The compliance with regulations of law on formulation and
assessment of construction designs:
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3. The conformity of the construction design with the basic
design that has been appraised by the construction authority:
4. Inspection of the assessment results by the consulting
organization on the compliance with construction safety requirements, the
compliance with technical regulations and the provisions of law on application
of standards in design to the cases requiring design assessment according to
regulations.
5. The compliance with the law on determination of
construction cost estimates (if required):
6. Inspection of the compliance with fire safety and
environmental protection:
7. Inspection of the compliance with other requirements as
prescribed in relevant laws:
8. Requests for modifications and improvement of
construction design and estimates (if any):
V. CONCLUSIONS AND RECOMMENDATIONS
- Eligibility or ineligibility for approval.
- Requests and recommendations to the investor (if any).
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CONSTRUCTION
AUTHORITY
(Signature,
full name, position and seal)
Form No.7
APPROVING
AGENCY
-------
SOCIALIST REPUBLIC OF VIETNAM
Independence - Freedom - Happiness
---------------
No. ………
……[Location]……..,[date]…………..
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on approval for construction design
following basic design
(APPROVING AGENCY)
Pursuant to the Law on Construction No. 50/2014/QH13,
amended by the Law No. 03/2016/QH14, Law No. 35/2018/QH14, Law No. 40/2019/QH14
and Law No. 62/ 2020/QH14;
Pursuant to the Government's Decree No… /2021/ND-CP dated
….. 2021 elaborating construction investment project management;
Other relevant legal basis;
Based on the Notice of appraisal results No….
At the request of .... at the Application No.... dated...
and Notice of appraisal results No.... dated…of...
HEREBY DECIDES:
Article 1. Approve the construction design following basic design of
(name of the work) as follows:
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2. Name of the work or part of the work:
3. Project name:
4. Type and class of the work:
5. Construction site:
6. Survey contractor:
7. Construction design contractor:
8. Construction design assessment contractor:
9. Scale and technical specifications; design solutions to
efficiently use energy and save resources (if any):
10. Design life of the work:
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12. List of standards mainly applied;
13. Other contents (if any).
Article 2. Implementation.
Article 3. Relevant organizations and individuals shall implement this
Decision.
APPROVING
AGENCY
(Signature,
full name, position and seal)
Form No.8
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APPRAISAL
Pursuant
to Document No…../…..
dated………………………
Signature:
SPECIMEN OF SEAL OF ASSESSING AGENCY
(NAME
OF ASSESSING AGENCY)
ASSESSMENT
Pursuant
to Document No…../…..
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Signature
of chairperson:
SPECIMEN OF SEAL OF CONSTRUCTION
DESIGN APPROVAL
(INVESTOR’S
NAME)
APPROVAL
Pursuant
to Decision No………../…………..
dated………………………
Signature:
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FORMS USED FOR ISSUANCE OF
CONSTRUCTION PERMITS
(Issued together with Decree No. 15/2021/ND-CP dated March 3, 2021 of the
Government)
Form No. 01
Application for issuance of construction permit (for works
not built by route works built by route in urban areas/works of belief or
religion/monuments, murals/detached house/repair and renovation of
works/works not built by routes and by stages/works built by routes in urban
areas/projects/structure relocation permit)
Form No. 02
Application for modification to/renewal of/reissuance of
construction permit (for: (For works/detached house)
Form No. 03
Construction permit (for works not built by routes)
Form No. 04
Construction permit (for underground works)
...
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Construction permit (for works built by routes)
Form No. 06
Construction permit (for works not built by routes by
stages)
Form No. 07
Construction permit (for works built by routes by stages)
Form No. 08
Construction permit (for projects)
Form No. 09
Construction permit (for detached house)
...
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Permit for repair and renovation of works
Form No.11
Permit for work relocation
Form No.12
Construction permit with a definite period (for works,
detached houses)
Form No.13
Seal specimen of issuing authority of construction permits
Form No. 01
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ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
APPLICATION FOR ISSUANCE OF
CONSTRUCTION PERMIT
For works not built by route/works built by route in urban areas/works of
belief or religion/monuments, murals/detached houses/repair and renovation of
works/works not built by routes and by stages/works built by routes in urban
areas/projects/work relocation permit)
To: …………………………
1. Investor’s details:
- Name of investor (householder): …………………………………………………………….
- Representative: ………………………… Position (if any): …………………………….
- Address: house number: ………………………. street: ……………………
ward/commune: ………………. district: ………………… province/city:
…………………..
- Phone number: …………………………………………………………………….
2. Work’s details:
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TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
Land plot number: ………………………………….. Area ………… m2.
At house number: ………………………. street……………………………
ward/commune: …………..………………. district: …………………………….
province/city: …………………………….…………………………….………………………
3. Organization/individual in charge planning or assessment
of construction design:
3.1. Organization/individual in charge of planning of
construction design:
- Name of organization/individual: Eligibility certificate
code/practicing certificate code:
- Name and practicing certificate code of the president or
chairperson of construction design:
3.2. Organization/individual in charge assessment of construction
design:
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TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
- Name and practicing certificate code of the chairperson of
construction design assessment:…………
4. Category of construction permit:
4.1. Work not built by route, work of belief or religion:
- Type of work: …………………………………………….. Class of work: ……………
- Built-up area: ……………………………. m2.
- Construction level: …………………………. m.
- Gross Floor Area (for civil works and house-shape work):
……………… m2 (specifying floor areas of basements, ground floors,
technical floors, mezzanine floors, attic).
- Building height: …………………m (specifying the heights of the
basements, ground floors, mezzanine floors, attics - if any).
- Number of floors: ………………. (specifying number of basements,
ground floors, technical floors, mezzanine floors, attics - if any).
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TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
- Type of work: …………………………………………….. Class of work: ……………………
- Total length of work: ……………m (specifying length through
each specific area, each administrative division of commune, ward, district,
province, city).
- Work level: …………………. m (specifying the level through each
area).
- Clearance height of the route: ………m (specifying the
heights through areas).
- Depth of work: ……………m (specifying the depth through each
area).
4.3.
Monument, mural:
- Type of work: …………………………………… Class of work: .…………………………
- Built-up area: ……………………………. m2.
- Construction level: …………………………. m.
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TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
4.4. Detached house:
- Class of work: ……………………………………
- Built-up area of first floor (ground floor): …………………………….
m2.
- Gross Floor Area: ……………………………. m2 (specifying
floor areas of basements, ground floors, technical floors, mezzanine floors,
attics).
- Building height: …………m (specifying the heights of the
basements, ground floors, mezzanine floors, attics).
- Number of floors: (specifying number of basements,
ground floors, technical floors, mezzanine floors, attics).
4.5. Repair or renovation:
- Type of work: …………………………………………….. Class of work: ……………………
- Details specified in section 4.1; 4.2; 4.3; 4.4 equivalent
to type of work.
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TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
- 1st Stage:
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