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THE GOVERNMENT
OF VIETNAM
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THE SOCIALIST
REPUBLIC OF VIET NAM
Independence-Freedom-Happiness
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No. 175/2024/ND-CP
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Hanoi, December
30, 2024
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DECREE
ELABORATING AND PROVIDING
MEASURES FOR IMPLEMENTATION OF LAW ON CONSTRUCTION REGARDING MANAGEMENT OF
CONSTRUCTION ACTIVITIES
Pursuant to the Law on Government Organization
dated June 19, 2015; the Law on Amendments to the Law on Government
Organization and the Law on Local Government Organization dated November 22,
2019;
Pursuant to the Law on Construction dated June
18, 2014; the Law on amendments to the Law on Construction dated June 17, 2020;
Pursuant to the Law on Urban Planning dated June
17, 2009;
At the request of the Minister of Construction
of Vietnam;
The Government promulgates a Decree elaborating
and providing measures for implementation of the Law on Construction regarding
management of construction activities.
Chapter I
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Article 1. Scope
1. This Decree elaborates some Articles of the 2014
Law on Construction, as amended in the 2020 Law providing amendments to the Law
on Construction (hereinafter referred to as “Law No. 62/2020/QH14), including:
a) Clause 6 Article 49 of the 2014 Law on Construction,
as amended in clause 8 Article 1 of the Law No. 62/2020/QH14, regarding
classification of construction investment projects;
b) Point b clause 3 Article 52 of the 2014 Law on
Construction, as amended in clause 10 Article 1 of the Law No. 62/2020/QH14,
regarding construction investment projects which only require construction
investment technical-economic reports (hereinafter referred to as
“technical-economic reports”);
c) Point d1 clause 2 Article 54 of the 2014 Law on
Construction, as amended in clause 12 Article 1 of the Law No. 62/2020/QH14,
regarding contents of construction investment feasibility study reports for
housing/urban area projects (hereinafter referred to as “feasibility study
reports”);
d) Point dd clause 3 Article 56 of the 2014 Law on
Construction, as amended in clause 13 Article 1 of the Law No. 62/2020/QH14,
regarding selection of organizations/individuals qualified to carry out
verification as the basis to perform appraisal tasks by specialized
construction agencies;
dd) Clause 5 Article 57 of the 2014 Law on
Construction, as amended in clause 14 Article 1 of the Law No. 62/2020/QH14,
regarding sector/industry supervisory authorities’ appraisal or expression of
opinions of technologies of projects that apply technologies restricted from
transfer and those projects that apply technologies and pose risks of causing
adverse environmental impacts;
e) Clause 4 Article 58 of the 2014 Law on
Construction, as amended in clause 15 Article 1 of the Law No. 62/2020/QH14,
regarding construction investment projects that are of large scale or have
construction works significantly affecting the community safety and interests;
g) Clause 6 Article 61 of the 2014 Law on
Construction regarding formulation, appraisal, approval and adjustment of construction
investment projects;
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i) Clause 6 Article 78 of the 2014 Law on
Construction, as amended in clause 23 Article 1 of the Law No. 62/2020/QH14,
regarding design process, appraisal, approval and adjustment of construction
designs;
k) Point dd clause 2 Article 89 of the 2014 Law on
Construction, as amended in clause 30 Article 1 of the Law No. 62/2020/QH14,
regarding passive telecommunications infrastructure works exempt from
construction permit;
l) Clause 5 Article 102 of the 2014 Law on
Construction, as amended in clause 36 Article 1 of the Law No. 62/2020/QH14,
regarding issuance of construction permit;
m) Clause 2 Article 128 of the 2014 Law on
Construction regarding specific construction works;
n) Clause 5 Article 148 of the 2014 Law on
Construction, as amended in clause 53 Article 1 of the Law No. 62/2020/QH14,
regarding competency requirements to be satisfied by organizations and
individuals performing construction activities; organization of examination for
and issuance of practicing certificates; license to perform construction
activities issued to contractors that are foreign organizations or foreigners
(hereinafter referred to as “foreign contractor license”);
o) Clause 2 Article 161 of the 2014 Law on
Construction, as amended in clause 60 Article 1 of the Law No. 62/2020/QH14, on
promulgating and directing formulation and implementation of policies,
strategies and plans to ensure efficient construction investment, improvement
of labor productivity, economical use of energy and natural resources and
sustainable development; providing for implementation of overseas construction
investment projects invested by domestic agencies, organizations and
individuals.
2. Measures for implementation of Law on
Construction regarding management of construction activities include:
a) Construction investment process;
b) Processes, tasks, contents, technical plans, and
management of construction surveys;
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3. Management of construction activities, including
construction planning; construction investment costs; quality, execution and
maintenance of construction works, shall be subject to the Government’s
specific regulations.
Article 2. Regulated entities
1. This Decree applies to Vietnamese agencies,
organizations and individuals; foreign organizations and foreigners performing
construction activities in the territory of Vietnam.
2. Vietnamese organizations and individuals
performing construction activities in foreign countries shall comply with
specific provisions of Section 2 Chapter V hereof and relevant laws.
3. Projects using ODA (official development
assistance)/concessional loans granted by foreign donors shall be subject to
provisions herein and regulations of law on management and use of ODA loans and
concessional loans granted by foreign donors.
Article 3. Definitions
1. “main works” of a construction investment
project means the works whose scale and functions have decisive effects on the
investment scale and objectives of the project.
2. “works significantly affecting the community
safety and interests” means those works included in the list in Appendix XI
enclose herewith.
3. “linear construction work” means a work which is
built along a given route within one or some administrative divisions such as
roadway, railway, inland waterway channels or canals, navigational channels or
canals, overhead cables, electric transmission lines, peripheral
telecommunications cables, passive telecommunications infrastructure works,
oil, gas, water supply and drainage pipelines, central dams of hydraulic
structures or hydropower works, water conveyance systems, dikes, jetties and
other similar works.
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5. “substructures” of an aboveground construction
work includes basements (if any) and other parts of the construction work
existing under the surface of the ground.
6. “large-scale construction investment projects
using other funding sources and requiring appraisal of feasibility study
reports conducted by specialized construction agencies” includes group-A
construction investment projects defined according to classification criteria
laid down in the Law on public investment, and construction investment projects
subject to the National Assembly or Prime Minister’s investment policy
approval.
7. “construction investment projects using non-public
investment state funds” includes construction investment projects using state
budget-derived funding for recurrent expenditures or state off-budget financial
funds as prescribed in the Law on state budget, those projects using
government-backed loans as prescribed in the Law on public debt management,
those construction investment projects of state-owned enterprises as prescribed
in the Law on enterprises, or enterprises wholly owned by state-owned
enterprises, and those projects using other funding sources as prescribed in
relevant laws, except those projects using public investment capital as
prescribed in the Law on public investment.
8. “repair and refurbishment project” means a
project implemented with the aims of maintaining, upgrading and/or expanding
the investment scale of an existing work by means of retaining all or part of
its main load-bearing structures.
9. “framework technical infrastructure” means a
system of main technical infrastructure facilities of urban, rural and
special-purpose zones which is defined in general planning or zoning planning
and includes traffic works, communications works, energy supply, public
lighting, water supply and water drainage works, and other non-linear technical
infrastructure works.
10. “foreign contractor license” means a legal
document issued by a competent authority of Vietnam to a foreign contractor
that wins the bid or is selected to perform construction activities under each
specific contract in accordance with regulations of the law of Vietnam.
11. “Front-End Engineering Design (FEED)” means a
design which is prepared in accordance with international practices for a
project having technological design after this project is approved to provide
specific requirements regarding technological lines, specifications of the main
equipment and materials, and construction solutions to take the subsequent
design steps.
12. “foreign contractor” prescribed herein means an
organization that is duly established under the law of a foreign country or an
individual that holds foreign nationality and is selected to sign and perform a
construction contract in the territory of Vietnam. A foreign contractor may be
a general contractor, consortium contractor, main contractor or subcontractor.
13. “president” means the title of an individual
who is assigned to manage and coordinate all consulting tasks in different
specialties, including president in charge of designing construction planning,
president in charge of construction survey, and president in charge of
producing and verifying construction design.
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15. “chief supervisor” means the title of an
individual who is assigned by a construction supervision organization to manage
and administer the supervision of the execution process of a specific work or
package.
16. “site manager” or “contractor’s project
manager”) (hereinafter referred to as “site manager”) means the title of an
individual who is assigned by a construction organization to manage and
administer the execution of a specific work or package.
17. “project manager” means the title of an
individual who is assigned by the Director of a specialized or regional
construction investment project management board, legal representative of the
project management consultancy or the employer (in case the project is managed
by the employer’s specialized unit or a single-project management board) to manage
and coordinate the management of a specific construction investment project.
18. “practicing certificate code” means a 08-digit
number that is used to manage an individual’s construction practicing
certificate. When an individual engaged in performance of construction
activities applies for practicing certificate for the first time as prescribed
in this Decree, he/she shall be granted a practicing certificate code. When an
individual applies for issuance, re-issuance or replacement of his/her practicing
certificate, his/her practicing certificate code is still kept unchanged.
19. “competency certificate code” means a 08-digit
number that is used to manage an organization’s certificate of competency in
construction activities. When an organization engaged in performance of
construction activities applies for competency certificate for the first time
as prescribed in this Decree, it shall be granted a competency certificate
code. When an organization applies for issuance or re-issuance of competency
certificate, its competency certificate code is still kept unchanged.
20. “appraisal applicant” means the employer or
agency, organization or individual that is assigned by the investment decision
maker or a competent authority to perform pre-construction tasks for a project,
in case the employer is yet to be identified, to submit the feasibility study
report, technical-economic report or construction design following the
fundamental design for appraisal.
21. “construction planning” prescribed herein means
a general phrase used for the following planning types: urban planning,
specialized technical infrastructure planning, inter-district or district
construction planning, rural planning, special-purpose zone construction
planning and underground space planning.
Article 4. Construction investment
process
1. The construction investment process as
prescribed in clause 1 Article 50 of the 2014 Law on Construction is elaborated
as follows:
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b) The construction stage includes the following
tasks: site preparation, mine action (if any); construction surveys carried out
to serve the development of the design following the fundamental design;
formulation, appraisal, approval of construction design and cost estimates;
issuance of construction permit (if required); signing of construction
contract; execution of construction work; supervision of execution of
construction work; advances and payments for completed volumes; trial operation
or run; acceptance testing and commissioning; finalization of construction
contract; supervision and assessment of construction investment project; and
other necessary tasks related to the execution of the project;
c) The post-construction stage includes the
following tasks: finalization of construction contract, preparation of final
accounts of capital invested in the completed project, certification of
completed works; transfer of works for putting into use; warranty and transfer
of relevant documents; supervision and assessment of construction investment
project; and other necessary tasks.
2. The execution process of an urgent construction
investment project shall be subject to provisions of Article 69 hereof.
The execution process of an investment project in
the public-private partnership form with construction components (hereinafter
referred to as “PPP project”) shall be subject to the provisions of the Law on
investment in the public-private partnership form.
3. Regarding projects other than
those specified in clause 2 of this Article, depending on specific conditions
and technical requirements of the project, the investment decision maker shall
decide whether the tasks specified in points b and c clause 1 of this Article
shall be performed in succession or simultaneously in conformity with the
project approval decision.
4. Regarding projects executed in
the form of turnkey contract, the construction investment process must be
conformable with terms and conditions of the contract.
Article 5. Classification of
construction investment projects
Construction investment projects
as prescribed in Article 49 of the 2014 Law on Construction, as amended in
clause 8 Article 1 of the Law No. 62/2020/QH14, shall be classified for the
purpose of managing construction activities as prescribed herein as follows:
1. Construction investment
projects are classified by functions, specialized sectors, management purposes
and their works as prescribed in Appendix X enclosed herewith.
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a) Projects partially using public investment capital which shall be
considered as public investment projects and managed in accordance with
provisions of the Law on public investment;
b) PPP projects using public investment capital which shall be managed in
accordance with regulations of the Law on PPP investment;
c) Projects using mixed funding sources, including non-public investment
state funds and other funding sources: if the ratio of the non-public
investment state funds to total investment of the project is greater than 30%
or VND 500 billion, it shall be managed in the same manner as projects using
non-public investment state funds; in other cases, projects shall be managed in
accordance with regulations on projects using other funding sources. The ratio
of non-public investment state funds shall be considered and decided by the
investment decision maker as the basis for formulating feasibility study report
or technical-economic report.
a) Construction investment projects for religious purposes;
b) Investment projects on new construction, renovation or upgradation with
total investment of not exceeding VND 20 billion (excluding costs of
compensation, site clearance, and land levies), excluding investment projects
on construction of cultural heritage sites which shall comply with regulations
of Law on cultural heritage;
c) Group-C construction investment projects for maintenance purpose;
d) Projects on dredging and maintenance of public navigational channels
and inland waterways;
dd) Construction investment projects whose primary contents include
procurement of goods, supply of services and equipment installation or repair
and refurbishment projects without impact on bearing structures of the works
with the construction costs (excluding equipment costs) less than 10% of total
investment and less than VND 10 billion (except projects of national
significance, group-A projects, and PPP projects);
e) Investment decision makers are allowed to decide the formulation of
feasibility study reports for the projects specified in points a, b, c, d and
dd of this clause if the project has specific requirements regarding
construction engineering or technological design which requires fundamental
design; these projects are exempted from appraisal by specialized construction
agencies. Investment decision makers shall organize the appraisal of feasibility
study reports while employers shall take charge of organizing the appraisal of
designs following the fundamental design provided that the contents of
appraisal are conformable with regulations of law.
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2. Formulation and appraisal of feasibility study reports or project
approval shall be carried out for the entire project, each constituent project,
or each stage of construction of one or some works of the project (in case of
investment phasing) provided that the requirements laid down in the decision or
written approval of investment policy or regulations of relevant laws are
satisfied or complied with.
3. Formulation, appraisal and
approval of construction design following the fundamental design shall be
carried out for all work items or each work item of the project or each part of
the work item according to construction stages at the request of the employer
provided that the consistency of contents and calculation bases amongst stages
and with those of the appraised and approved fundamental design is maintained.
4. Approval of construction
investment projects and construction designs following the fundamental design
must be carried out under correct jurisdiction or authorization after the
projects and construction designs are considered to have met requirements by
competent authorities and are consolidated by appraisal agencies for submission
for approval as prescribed.
5. Formulation, appraisal and
approval of a modified construction investment project or modified construction
design following the fundamental design shall be carried for modified contents
separately or all contents of the project or construction design.
Article 7. Principles for
completing administrative procedures
1. The administrative procedures
specified herein shall be followed in accordance with the Government's
regulations on single-window system and inter-agency single-window system.
2. Applications for handling of
administrative procedures shall be submitted in any of the following forms:
a) Directly at the Single-Window
Section;
b) By post;
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3. The organization or individual
that applies for handling of administrative procedures shall assume legal
responsibility for the legality, truthfulness and accuracy of their
applications and documents submitted to competent authorities. Any drawings
submitted online must bear digital signatures as prescribed.
4. Authorities in charge of
handling administrative procedures shall not request submission of any
documents or information available on the national database on construction
activities and/or land-related information system if the required information
or data has been updated or can be obtained from the mentioned database or
system.
5. While following or after
completing administrative procedures, authorities in charge of handling
administrative procedures, employers or appraisal applicants shall publish
information on their web portals in accordance with the Government’s
regulations on national database of construction activities.
6. Authorities and persons
competent to handle administrative procedures shall only assume responsibility
for contents of handled administrative procedures under their jurisdiction as
prescribed by law, and assume no responsibility for implementation processes,
contents and results of legal documents previously accepted, appraised,
approved or handled by other competent authorities and persons; assume no
responsibility for the failure of investment decision makers, employers and/or
relevant agencies to comply with the contents and requirements set out in
notices of administrative procedure handling results when following the
subsequent steps.
7. The time limit for completing
administrative procedures prescribed herein excludes public holidays and New
Year’s Festival which occur during the period in which administrative
procedures are followed and exceed 03 days in total.
Article 8. Application of
building information modeling (BIM) to construction activities and digital
technological solutions
1. Application of BIM to
performance of construction activities shall be subject to the following
provisions:
a) BIM shall be applied to group-B
or higher-level projects at the beginning of the pre-construction stage and
shall only be applied to new construction works of grade II or higher of these
projects;
b) Regarding construction works
other than those prescribed in point a of this clause, employers are encouraged
to proactively apply BIM to construction activities and provide BIM files as
prescribed in clause 4 and point c clause 5 of this Article.
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3. BIM data is considered digital
resources which are created, managed and extracted during the execution of
construction projects. Scope, contents and required information of BIM for
BIM-applied works shall comply with specific agreements of relevant parties
specified in the contract at each stage of the project and meet the
requirements laid down in clause 4 of this Article.
4. Application of BIM to state
management of construction works is subject to the following provisions:
a) Specialized construction
agencies shall use BIM data to serve their appraisal of feasibility study
reports and construction designs following the fundamental design, and issuance
of construction permits;
b) Regarding construction works of
special grade or grade I subject to provisions of clause 6 Article 82 of the
2014 Law on Construction, as amended in clause 24 Article 11 of the Law No.
62/2020/QH14 and those works requiring design verification conducted during the
appraisal by specialized construction agencies as prescribed herein, the report
on verification of construction design must include the verification
consultant’s assessment of the consistency of BIM with calculation results and
designs included in the submitted application for handling of administrative
procedures;
c) Employers shall update the
national database of construction activities with BIM files included in design
dossiers in accordance with provisions of the Decree on national database of
construction activities.
5. Research into and application
of scientific and technological advances, and information technology to
construction investment activities are encouraged.
6. The Ministry of Construction of
Vietnam shall issue a decision providing guidelines for application of BIM to
construction activities. Specialized construction work-managing ministries
issue decisions providing detailed guidelines for application of BIM to stages
of projects in sectors under their jurisdiction.
Article 9. Energy efficiency
buildings, green buildings
1. Technical solutions and
management measures must be adopted when making investment in and construction
of these buildings in order to ensure efficient use of energy and environmental
protection in accordance with regulations of law on economical and efficient
use of energy and environmental protection.
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3. The development of the
buildings mentioned in clause 2 of this Article shall comply with specific
policies, plans and roadmaps set forth by the Prime Minister.
Article 10. Application of
standards, new materials and technologies to construction activities
1. Standards applicable to works
shall be considered and approved by investment decision makers when granting
investment decisions and be expressed in project approval decisions or in
separate documents. During the execution of a project, where necessary, the employer
may propose replacement or addition of standards applied provided that the
replacement or addition does not result in adjustment of the project as
prescribed and is approved in writing by the investment decision maker as the
basis for application.
2. Selection and application of
foreign standards and in-house standards must comply with the provisions of the
Law on Construction and other relevant laws.
3. In case of foreign standards:
a) The explanatory notes to the
fundamental design, construction design following the fundamental design or
technical instructions (if any) shall, depending on the level of detail of the
design, include assessment of compliance with national technical regulations
and comparability with relevant standards;
b) Foreign standards which are
widely applied shall be preferred.
4. In case of in-house standards:
a) When in-house standards are
applied, explanations about their compliance with national technical
regulations and compatibility and uniformity with relevant standards shall be
required;
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5. Use of new materials and
technologies shall comply with national technical regulations and ensure
compatibility with relevant standards; ensure feasibility, sustainability,
safety and efficiency.
Chapter II
FORMULATION, APPRAISAL, APPROVAL, ADJUSTMENT AND
MANAGEMENT OF CONSTRUCTION INVESTMENT PROJECTS
Section 1. FORMULATION,
APPRAISAL AND APPROVAL OF CONSTRUCTION INVESTMENT PROJECTS
Article 11. Formulation of
construction investment pre-feasibility study reports (hereinafter referred to
as “pre-feasibility study reports”)
1. Formulation of pre-feasibility
study reports as the basis to serve consideration, decision or approval of
construction investment policies shall be subject to provisions of clause 2
Article 52 of the 2014 Law on Construction, as amended in clause 10 Article 1
of the Law No. 62/2020/QH14.
2. The preliminary design plan of
a pre-feasibility study report is shown in the explanatory notes and drawings
thereto, and includes the following contents:
a) The preliminary design drawings
include diagram of the location of the land area to be used for construction;
preliminary master plan or routing diagram (in case of a linear construction
work); drawings showing preliminary design solutions for main works of the
project;
b) Explanation of scale and nature
of the project; existing conditions and boundaries of the land plot;
explanation of conformity with plannings (if any), connection with surrounding
traffic and technical infrastructure systems; explanation of preliminary design
solutions;
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3. Determination of preliminary
total investment in the pre-feasibility study report shall comply with the
Government's regulations on management of construction investment costs.
4. Contents of a pre-feasibility
study report are prescribed in Article 53 of the 2014 Law on Construction, as
amended in clause 11 Article 1 of the Law No. 62/2020/QH14, in which, the
explanatory notes to the pre-feasibility study report shall, subject to
specific requirements of each project, include some of the following contents:
a) Eligibility requirements for
project employer as prescribed by relevant laws (if any) in case the investment
policy approval and the investor approval are given at the same time;
b) Estimated areas of land for
growing rice, forestry land and land of other types to be repurposed for
execution of the construction investment project (if any);
c) Regarding a housing/urban area
project, explanation of the satisfaction by the project of urban development
objectives and orientations or local housing development program/plan over
periods of time (if any); preliminary description of housing product
structures; fulfillment of social housing obligations and incentives (if any);
preliminary plan for investment in, construction and management of urban infrastructure
facilities inside the project and connection with infrastructure facilities
outside the perimeter of the project (in case of an urban area project).
Article 12. Division of
construction investment projects
1. If a project
is divided into constituent projects at the stage of formulation of the
pre-feasibility study report or project proposal, the constituent projects
shall be specified in the decision on or approval of the investment policy
granted by a competent authority.
2. In case
the investment decision maker decides to divide the project into constituent
projects at the stage of formulation of the feasibility study report or grant
of investment decision, the constituent projects must meet the following
requirements:
a) The conditions for division of
a project into constituent projects set out in point a clause 2 Article 50 of
the 2014 Law on Construction, as amended in clause 9 Article 1 of the Law No.
62/2020/QH14, are satisfied;
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c) At least a constituent project
shall cover the entire shared technical infrastructure of the project and some
other construction works (if any), unless otherwise prescribed in clause 3 of
this Article.
3. A project that comprises
different non-linear construction works and involves at least 02
provincial-level administrative divisions may be divided into province-based
constituent projects when the requirements laid down in points a, b clause 2 of
this Article are satisfied.
Article 13. Formulation of
feasibility study reports and technical-economic reports
1. Feasibility study reports and
technical-economic reports shall be prepared in accordance with provisions of
Article 52 of the 2014 Law on Construction, as amended in clause 10 Article 1
of the Law No. 62/2020/QH14.
2. The following plannings shall
be used as the basis for formulation of feasibility study reports and
technical-economic reports (hereinafter referred to as “formulation of
construction investment project”):
a) For a project on construction
of framework technical infrastructure for an inter-district area or district:
inter-district/district construction planning is the basis for formulation of
the construction investment project.
b) For a project on construction
of framework technical infrastructure for an urban area or special-purpose
zone: general urban planning or specialized technical infrastructure planning
(for a central-affiliated city) or general zoning planning is the basis for
formulation of the construction investment project. If the formulation of
general planning is not required as prescribed in the Law on planning, the
zoning planning shall be the basis for formulation of the project on
construction of framework technical infrastructure;
c) For a project on construction
of underground works: detailed construction planning or underground space
planning or technically specialized planning is the basis for formulation of
the construction investment project;
d) For projects established from
technically specialized plannings as prescribed in the Law on planning and
other specialized laws: technically specialized planning is the basis for
formulation of the construction investment project;
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e) For projects on preservation,
renovation and restoration of historical-cultural monuments, scenic beauties:
planning for monuments as prescribed in the law on cultural heritage is the
basis for formulation of the construction investment project;
g) In case of construction
investment projects in areas which do not require formulation of construction
planning or technically specialized planning: routing plan for works, location
of works and master plan approved by competent authorities shall be used the
basis for formulation of the construction investment project;
h) In case of construction
investment projects in areas with stable land use purpose which do not require
formulation of detailed urban planning as prescribed by the law on urban
planning: specific urban design or architectural management rules shall be used
the basis for formulation of the construction investment project;
i) In case of a project on repair
and refurbishment with unchanged existing scale and functions of the
construction works, formulation of planning as the basis for formulation of the
construction investment project is not required;
k) For other projects: detailed
construction planning or general ground planning (formulated according to
simplified procedures) is the basis for formulation of the construction
investment project.
3. When formulating a construction
investment project, the employer or person assigned to perform pre-construction
tasks of the project may adjust some of the following contents:
a) Layout, blocks, specifications
may be adjusted when ensuring norms and parameters in the approved construction
planning in terms of land use quotas, construction boundaries, regulations on
space management and urban design, regulations on architectural management (if
any), and national technical regulations on construction plannings;
b) Some norms and specifications
in the issued decision/approval of investment policy may be adjusted if such
adjustments do not result in adjustment of the investment policy as prescribed
by the Law on investment, Law on public investment or Law on PPP investment.
Article 14. Contents of
feasibility study reports
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2. In addition to the general provisions of clause 1 of this Article, a
feasibility study report for a housing/urban area project shall also include
explanations of the following contents:
a) Conformity of the project with the contents of the investment policy
decision or approval (if any);
b) Total floor area; ratio and quantity of housing by types (villas, row houses,
apartments); compatibility of the quantity of housing by types with the
population norms specified in the approved detailed construction planning;
c) Fulfillment of social housing obligations and compliance with area
standards for social housing as prescribed in the Law on housing;
d) Plan for construction and completion of technical infrastructure works
before putting the housing into operation (if any), social infrastructure works
and other works belonging to the project; plan for and list of public utility
areas or works and products to be transferred to the State.
3. A feasibility study report formulated for each constituent project or a
feasibility study report formulated for each implementation stage (in case of
investment phasing) shall include explanations of the following contents:
a) General objectives, scale and implementation schedule of the project;
b) Objectives, scale and implementation schedule of the constituent
project; satisfaction of conditions for division of a project into constituent
projects as prescribed by law; conformity of the implementation schedule of the
constituent project with the general implementation schedule (in case a project
is divided into constituent projects);
c) The investment phasing plan which must ensure the project’s general
implementation schedule and be conformable with the approved investment policy
(in case of investment phasing);
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1. Appraisal of feasibility
study reports for projects of national significance using public investment
capital shall comply with provisions of the Law on public investment.
2. Appraisal councils or units
assigned to appraise PPP projects shall conduct appraisal of feasibility study
reports for PPP projects in accordance with regulations of law on PPP
investment, consolidate appraisal results given by specialized construction
agencies as prescribed herein, and submit them to competent authorities for
considering and granting approval of projects.
3. Regarding projects other than
those specified in clauses 1 and 2 of this Article, investment decision makers
assign their affiliated specialized agencies or affiliated specialized
construction agencies (if any) or other organizations or individuals whose
professional competency is appropriate to the nature and contents of the
project (in case their affiliated specialized agencies are not available) to
act as agencies in charge of appraising feasibility study reports and
technical-economic reports for such projects.
4. Appraisal applicants shall
prepare and submit applications for appraisal of feasibility study
reports/technical-economic reports to the appraisal agencies as prescribed in
clause 3 of this Article for conducting appraisal. Appraisal results shall be
given referring to Form No. 04, Form No. 05 in Appendix I enclosed herewith.
5. Depending on specific
requirements of each project, the employer or agency assigned to perform
pre-construction tasks of the project shall follow procedures and requirements
laid down in relevant laws at the pre-construction stage, and submit the
following documents to the appraisal agency as the basis for its appraisal of
feasibility study report/technical-economic report, including:
a) Written agreements on power
supply, water supply, wastewater drainage, traffic connection, other written
agreements on infrastructure connection (if any);
b) A written approval for the
height of the works according to the Government's regulations on management of
height of aerial obstacles and airspace control and air defense systems in
Vietnam (if any);
c) Report on appraisal of project
on preservation, renovation and restoration of historical-cultural
monuments/scenic beauties as prescribed by the Law on cultural heritage;
d) Results of handling of
procedures concerning the environmental impact assessment report or
environmental license as prescribed by the Law on environmental protection;
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e) Results of handling of other
procedures as prescribed by relevant laws.
6. The appraisal agency shall
organize the appraisal of the contents prescribed in Article 57 of the 2014 Law
on Construction, as amended in clause 14 Article 1 of the Law No. 62/2020/QH14,
of which some contents are elaborated as follows:
a) Regarding a project that
applies technologies restricted from transfer or that applies technologies and
poses risks of causing adverse environmental impacts, the appraisal agency
shall submit required documents to a competent authority for appraising or
giving opinions about applied technologies in accordance with regulations of
law on technology transfer. Procedures and authority to appraise or give
opinions about technologies shall comply with provisions of Articles 20 and 21
hereof.
b) Total investment in the project
shall be determined in accordance with the Government’s regulations on
management of construction investment costs.
7. The appraisal agency shall
consolidate appraisal results given by specialized construction agencies (if
any); opinions given by relevant sector/industry supervisory authorities (if
any), and submit them to investment decision makers for project approval or
issuance of investment decisions.
8. For a project which only
requires technical-economic report, the investment decision maker shall, upon
his/her grant of the project approval, assign the employer to consider giving
approval of the construction drawing design included in the technical-economic
report.
Article 16. Authority to
appraise feasibility study reports of specialized construction agencies
1. Appraisal of project of
national significance using public investment capital and PPP projects subject
to the National Assembly’s investment policy decision shall be carried out in
accordance with regulations of law on projects of national significance.
2. Regarding other projects,
except projects which only require technical-economic reports as prescribed in
clause 3 Article 5 hereof, specialized construction agencies shall, depending
on their management sectors as prescribed in Article 121 hereof, carry out
appraisal of feasibility study reports for:
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b) PPP projects;
c) Group-B or higher-level
projects, projects that have construction works significantly affecting the
community safety and interests and use non-public investment state funds;
d) Large-scale projects prescribed
in clause 6 Article 3 hereof, projects that have construction works
significantly affecting the community safety and interests and use other
funding sources.
3. Authority to conduct appraise
of specialized construction agencies in respect of the projects prescribed in
clause 2 of this Article is subject to the following provisions:
a) Specialized construction
agencies affiliated to specialized construction work-managing ministries shall
take charge of appraising projects assigned by the Prime Minister; projects
having special-grade works; and projects for which applications for appraisal
are submitted as prescribed in clause 10 of this Article;
b) Specialized construction
agencies affiliated to provincial-level People's Committees shall take charge
of appraising construction investment projects in their provinces, except those
projects mentioned in point a of this clause.
4. In some specific cases
prescribed in this clause, the authority to appraise feasibility study reports
of specialized construction agencies shall not be subject to provisions of
clause 3 of this Article but the following provisions:
a) Regarding a project that falls
under the jurisdiction of a specialized construction work-managing ministry and
is subject to the investment decision granted by this ministry, the specialized
construction agency affiliated to this ministry shall take charge of appraisal
tasks;
b) The specialized construction
agency affiliated to the Ministry of Transport of Vietnam shall take charge of
appraising feasibility study reports for projects in the fields of aviation,
railway and maritime, except those projects specified in point dd of this
clause;
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d) The specialized construction
agency affiliated to the Ministry of Industry and Trade of Vietnam shall take
charge of appraising feasibility study reports for investment projects on
construction of energy works at sea, as prescribed by the law of the sea and
relevant specialized laws, which fall beyond the jurisdiction of
provincial-level People’s Committees;
dd) The specialized construction
agency affiliated to Hanoi City People’s Committee or Ho Chi Minh City People’s
Committee shall take charge of appraising feasibility study reports for
projects in which the investment is decided by or with authorization of its
Chairperson;
e) Authority to appraise
feasibility study reports for land reclamation projects or land reclamation
work items of investment projects shall be determined in accordance with
regulations of the land law while the authority to appraise other items of the
project shall be subject to provisions herein.
5. Regarding a project comprising
multiple works of different types and grades, the authority to carry out
appraisal of the specialized construction agency shall be determined according
to the main work of the project or the main work of the highest grade (if the
project has more than one main work).
If all main works are of the same
grade, the appraisal applicant may choose any of these main works as the basis
to submit an appraisal application to the specialized construction agency.
During the appraisal process, the appraisal agency shall get opinions from
specialized construction agencies in sectors of other main works about the
contents prescribed in Article 18 hereof.
6. Regarding a construction
investment project that is divided into constituent projects as prescribed, the
authority to appraise feasibility study report of the specialized construction
agency shall be determined according to the groups of constituent projects and
grades of works of such constituent projects.
7. Where the appraisal is carried
out for each constituent project as prescribed in clause 2 Article 12 hereof or
for each implementation stage (for housing/urban area projects), the appraisal
applicant shall submit an application to the specialized construction agency
for appraisal of the feasibility study report for the constituent project or
the implementation stage containing the shared technical infrastructure of the
project before or at the same time applications for the remaining constituent
projects or works are submitted.
8. Where a project which is
subject to the appraisal by a specialized construction agency and involves at
least 02 provincial-level administrative divisions but does not fall under the
jurisdiction of the specialized construction agency affiliated to a specialized
construction work-managing ministry, the appraisal applicant may submit the
appraisal application to the specialized construction agency affiliated to the
People’s Committee of one of the provinces in which the project is to be
executed; regarding a project using public investment capital, the appraisal
applicant shall submit the appraisal application to the specialized construction
agency affiliated to the provincial-level People’s Committee that is assigned
to act as the governing body of the project (if any).
9. If a repair and refurbishment
project is subject to the appraisal by a specialized construction agency, the
authority to appraise the feasibility study report for this project shall be
determined according to the scale of the repair and refurbishment work item.
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Article 17. Application for
appraisal of feasibility study reports by specialized construction agencies
1. An appraisal application is
considered valid if it contains adequate documents as prescribed in clause 2 of
this Article, which are made in a proper format in Vietnamese as the primary
language, and is checked and confirmed by the appraisal applicant.
2. An application for appraisal of
a feasibility study report includes an application form which is made using
Form No. 01 in Appendix I enclosed herewith, the feasibility study report and
attached legal documents, including:
a) The written investment policy
(for a project subject to investment policy decision/approval as prescribed by
the Law on investment, the Law on public investment, or the Law on PPP
investment) or decision on approval of forest ecotourism and recreational area
scheme (for a forest ecotourism and recreational area project as prescribed by
the Law on forestry);
b) Investment license, certificate
of investment incentives, investment certificate, investment registration
certificate; decision on approval of winner of auction of land use rights
(LURs) or winning bidder for the project involving land use, for a project
which is subject to transitional provisions of the Law on investment and does
not require investment policy approval;
c) Decision on selection of
architectural design plan through examination and attached drawing (if such
examination is required);
d) Written approval/decision on
approval of the planning which is used as the basis for project formulation as
prescribed in clause 2 Article 13 hereof, and attached maps/drawings (if any);
dd) Written approval/decision on
approval of the planning which is used as the basis for formulation of the
planning specified in point d of this clause, and relevant drawings or
extractions of relevant drawings (if any);
e) Decision on approval of results
of appraisal of environmental impact assessment report or environmental license
as prescribed by the Law on environmental protection (if required);
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g) Written agreement on or
certification of technical infrastructure connection of the project; written
approval for the height of the works according to the Government's regulations
on management of height of aerial obstacles and airspace control and air
defense systems in Vietnam (in case collection of opinions about the surfaces
used as the basis for height control at the stage of construction planning
approval is not required due to the project’s location or categorization) (if
any);
h) Legal documents and other
relevant documents (if any);
i) Approved construction survey
dossier; notes to the feasibility study report; fundamental design or other
designs, as prescribed in international practices, as the basis for formulation
of the feasibility study report (including drawings and explanatory notes);
list of standards primarily applied to the project; report on verification of
the fundamental design (if any);
k) List of survey contractors,
contractors in charge of producing the fundamental design, and verification
contractors (if any), in which the competency certificate code of each
contractor must be specified; practicing certificate codes of the following
title holders, including president in charge of construction survey; president
or chairperson in charge of designing, budgeting total investment; president or
chairperson in charge of verification tasks (if any);
l) In addition to the
abovementioned contents, an application for appraisal of the feasibility study
report for a project using public investment capital or non-public investment
state funds must also include total investment, information/data on prices,
norms, quotation, and appraisal results (if any) used as the basis for
determination of total investment;
m) Where a project is involved in
an administrative violation against regulations on construction for which
penalties have been imposed and the violating entity is required to follow
procedures for appraisal, appraisal of adjustments, issuance or modification of
construction permit as the remedial measure, the appraisal application shall
also include the following: the employer’s report on the project implementation
process, actual execution of the project’s works by the time of submission of
the appraisal application; records of the administrative violation and decision
on imposition of penalties issued by competent authorities; inspection report
given by the construction inspection organization indicating assessment of
bearing capacity of completed works;
n) Regarding a repair and
refurbishment project, the appraisal application shall also include the
documents on survey of existing conditions, and inspection report given by the
construction inspection organization indicating assessment of bearing capacity
of the works (if related to repair and refurbishment).
Article 18. Contents and
results of appraisal of feasibility study reports by specialized construction
agencies
Specialized construction agencies
shall appraise the contents specified in clauses 2 and 3 Article 58 of the 2014
Law on Construction, as amended in clause 15 Article 1 of the Law No.
62/2020/QH14. Some contents of appraisal are elaborated as follows:
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2. Contents of assessment of
conformity of the fundamental design with the planning shall include:
a) Regarding the construction
planning: assess the conformity of the fundamental design with land use quotas
and technical-economic norms defined in the construction planning which is used
as the basis for project formulation as prescribed in clause 2 Article 13
hereof; examine the conformity in terms of land use functions defined in the
construction planning; land use functions and quotas, restricted population
size defined in the zoning planning (if any) of the project site;
b) Regarding technically
specialized planning, plan for route of works, region of routes of works, or
locations of works approved by a competent authority: assess the conformity of
location, direction or region of the route (in case of linear construction
works), and main specifications of the fundamental design with those defined in
the technically specialized planning or in the plan for route of works or
locations of works approved by a competent authority;
c) Regarding a forest ecotourism
and recreational area project: assess the conformity of the fundamental design
with norms for use of construction site, location, site, scale, materials,
height, density, planned ratio and duration of works, and orientations for
connection of traffic and technical infrastructure systems introduced in the
forest ecotourism and recreational area scheme; national forestry planning or
provincial planning; and sustainable forest management plan (if any).
3. Contents of assessment of
conformity of the project with the investment policy decided or approved by a
competent authority, implementation program or plan, and other project
requirements as prescribed by relevant laws (if any) shall include:
a) Assess the conformity of the
project with the investment policy in terms of construction investment scale
and objectives; land use scale; preliminarily determined total investment;
implementation schedule, division of the project into constituent projects, investment
phasing (if any); duration of the project (if any);
b) In case of a project subject to
transitional provisions of the law on investment: assess the conformity of the
project with the contents of the documents specified in point b clause 2
Article 17 hereof;
c) Regarding an urban area
project: examine contents of the feasibility study report about the plan for
construction and completion of technical infrastructure works before putting
housing works and other works into operation;
d) Regarding housing development
project: examine information on housing types of the project; fulfillment of
social housing obligations under the written approval of investment policy
given by a competent authority;
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e) In case of appraisal which is
carried out for each constituent project or investment stage: assess the
conformity of the plan for implementation of the constituent project or the
construction stage with the investment policy or appraised contents of the
investment project on construction of technical infrastructure works.
4. Contents of assessment of
conformity of design solutions to ensuring construction safety, and fulfillment
of requirements on fire and explosion prevention and control, and environmental
protection shall include:
a) Examine the adequacy of the
assessment contents about load-bearing structures specified in clause 2 Article
38 hereof, as proposed by design consultant and certified by verification
consultant (if any);
b) Examine the adequacy of the
fundamental design dossier regarding the implementation of fire protection
design; examine the compliance with national technical regulations/standards
proposed by the design consultant and assessed by the verification consultant
in terms of fire safety as prescribed in the Law on fire protection and rescue;
c) Examine the completion of procedures
for environmental impact assessment report or environmental license as
prescribed in the Law on environmental protection (if required).
5. Contents of assessment of
compliance with technical regulations and application of standards to the
project as prescribed by law shall include:
a) Assess the list of national
technical regulations and standards applied to the project;
b) Examine the compliance of
design solutions in the fundamental design dossier with corresponding contents
as prescribed in national technical regulations (if required);
c) Examine the compliance with
regulations of law on application of standards.
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The notice of results of appraisal
of feasibility study report shall be made using Form No. 03 in Appendix I
enclosed herewith.
7. In case the employer transfers
a part of or the entire project, or makes capital contribution using LURs or
property on land, or follows split-up, split-off, merger or consolidation
procedures after the feasibility study report for the project has been
appraised by the specialized construction agency, the transferee/capital
receiving-entity or the entity established from the split-up, split-off, merger
or consolidation shall inherit the results of appraisal of the feasibility
study report given by the specialized construction agency without re-following
these appraisal procedures, except the case of project adjustment prescribed in
clause 2 Article 23 hereof.
Article 19. Procedures for
conducting appraisal of feasibility study reports by specialized construction
agencies
1. The appraisal applicant shall
submit an application for appraisal to the specialized construction agency
according to regulations on handling of administrative procedures in clause 2
Article 7 hereof.
2. The receiving section shall
examine and receive or refuse to receive the application as prescribed. An
application for appraisal shall be refused in the following circumstances:
a) The application falls beyond
the jurisdiction of the specialized construction agency or the application is
not submitted by a duly authorized applicant as prescribed herein (according to
the contents of the application form);
b) The subject of the application
is not required to be appraised by the specialized construction agency as
prescribed;
c) The application is not valid as
prescribed herein;
d) The receiving section shall
give a written response indicating reasons for its refusal to receive the
application.
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a) check the received application
and send the only written request for modification of the application to the
appraisal applicant;
b) give a written refusal to carry
out appraisal in case the contents of the documents included in the submitted
application are found to be different from those of the application form
resulting in the refusal of the application prescribed in points a and b clause
2 of this Article.
4. During the appraisal, the
specialized construction agency has the right to suspend the appraisal (only
one suspension is permitted) and shall notify the appraisal applicant in
writing of misstatements and erroneous information/figures in the application
which make it unable to reach appraisal conclusions.
5. Within 20 days from its receipt
of the request from the specialized construction agency as prescribed in point
a clause 3 and clause 4 of this Article, if the appraisal applicant fails to
modify its application as requested, the specialized construction agency shall
terminate the appraisal process. The appraisal applicant shall receive its
application returned by the section in charge of returning application
processing results according to regulations on handling of administrative
procedures.
6. During the appraisal, the
specialized construction agency may request the appraisal applicant to select
qualified entities to carry out verifications which are deemed necessary to
serve its appraisal. To be specific:
a) Regarding projects subject to
the scope of the Law on bidding, selection of entities to verify construction
designs shall be subject to the provisions of the Law on bidding;
b) The following contents need to
be verified to serve the appraisal: conformity of design solutions to ensuring
construction safety; compliance with technical regulations and application of
standards to works; compliance with technical regulations/standards for
ensuring fire protection, and other contents as requested;
c) Where the fire protection
design needs to be verified at the request of the specialized construction
agency, the organization selected to carry out the verification must be capable
of verifying construction designs or the individual selected to carry out the
verification must be capable of providing design consultancy as prescribed in
the Law on construction or the Law on fire protection;
d) Verified drawings must be
sealed using the Form No. 12 in Appendix I enclosed herewith.
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a) The specialized construction
agency shall append its seal to confirm appraised contents on relevant drawings
included in a fundamental design dossier. The appraisal seal is provided for in
Form No. 12 in Appendix I enclosed herewith.
b) If an application for appraisal
is considered satisfactory to be submitted for consolidation and approval, the
specialized construction agency shall examine and append its seal to the
fundamental design drawings. The appraisal applicant shall receive appraisal
results which include the notice of appraisal results and drawings bearing the
seal appended to confirm that they have been duly appraised;
c) If an application for appraisal
is considered unsatisfactory or satisfactory only after the fundamental design
dossier is modified, the appraisal applicant shall receive the appraisal
results which include the notice of appraisal results and the submitted drawings
(without bearing the appraisal seal);
d) If an application for appraisal
is considered satisfactory only after the fundamental design dossier is
modified, the appraisal applicant shall submit a written request for stamping
and the modified fundamental design dossier to the receiving section according
to the process of handling of administrative procedures. The specialized
construction agency shall examine and append its seal to drawings which meet
the requirements set forth in the notice of appraisal results.
8. Retention of applications for
appraisal:
a) Upon its completion of
appraisal, the specialized construction agency shall retain and preserve the
following documents: the application form for appraisal, legal documents
submitted to serve the appraisal, conclusions given by the entities
participating in the appraisal (if any), notice of appraisal results,
photocopies of the documents to which the appraisal seal has been appended as
prescribed in point b of this clause;
b) The drawings bearing the appraisal
seal shall be returned to the appraisal applicant that shall assume
responsibility to retain these drawings in accordance with regulations of law
on archives, and promptly present them at the request of the specialized
construction agency where necessary. The appraisal applicant shall submit the
photocopies (in “.pdf” format) of the fundamental design drawings bearing the
appraisal seal to the specialized construction agency within 05 working days
from the date of receipt of the fundamental design dossier bearing the
appraisal seal. Where it is impossible to retain the documents in “.pdf”
format, the specialized construction agency shall request the appraisal
applicant to submit an additional set of drawings for stamping and retention
purposes.
Article 20. Authority to
appraise or give opinions about technologies of projects that apply
technologies restricted from transfer or those projects that apply technologies
and pose risks of causing adverse environmental impacts as prescribed in Law on
Technology Transfer
1. For projects using public
investment capital:
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b) Sector/industry supervisory
ministries take charge of appraising technologies applied to projects subject
to investment policy decisions issued by the Prime Minister, heads of central
authorities, or heads of regulatory authorities or public service units under
the management of such ministries or central authorities;
c) Specialized agencies that are
affiliated to provincial-level People’s Committees and exercise the function of
advising provincial-level People’s Committees on performing state management of
sector/industry (hereinafter referred to as "specialized agencies affiliated
to provincial-level People’s Committees”) take charge of appraising
technologies applied to projects subject to investment policy decisions issued
by People's Councils at any level, Chairpersons of People’s Committees at any
level, or heads of regulatory authorities or public service units under the
management of local governments.
2. For projects using non-public
investment state funds:
a) Sector/industry supervisory
ministries shall play the leading role and cooperate with the Ministry of
Science and Technology of Vietnam and relevant authorities and organizations in
giving opinions about technologies applied to projects subject to investment
policy approval given by the National Assembly or Prime Minister; group-A or
group-B projects in which decisions on investment are issued directly by or
with authorization of heads of central authorities, state-owned economic groups
or corporations; projects that have special-grade or grade-I construction works
significantly affecting the community safety and interests; projects involving
at least 02 provincial-level administrative divisions; projects in which
decisions on investment are issued by Ministries;
b) Specialized agencies affiliated
to provincial-level People’s Committees shall play the leading role and cooperate
with specialized science and technology agencies, and relevant authorities and
organizations in giving opinions about technologies applied to projects other
than those specified in point a of this clause.
3. For projects using other
funding sources:
a) Sector/industry supervisory
ministries shall play the leading role and cooperate with the Ministry of
Science and Technology of Vietnam and relevant authorities and organizations in
giving opinions about technologies applied to projects subject to investment
policy approval given by the National Assembly or Prime Minister; group-A
projects; projects that have special-grade or grade-I construction works
significantly affecting the community safety and interests or involve at least
02 provincial-level administrative divisions;
b) Specialized agencies affiliated
to provincial-level People’s Committees shall play the leading role and
cooperate with specialized science and technology agencies, and relevant
authorities and organizations in giving opinions about technologies applied to
projects other than those specified in point a of this clause.
4. For PPP projects, appraisal
councils or units assigned to appraise PPP projects shall organize appraisal of
technologies when carrying out appraisal of feasibility study reports in
accordance with regulations of the Law on PPP investment.
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1. For projects of national
significance using public investment capital, procedures for appraisal of
technologies by the State appraisal council shall be followed in accordance
with regulations of the Law on public investment.
2. For construction investment
projects other than those specified in clause 1 of this Article:
a) Within 07 days from its receipt
of an adequate project dossier, the appraisal agency shall send a written
request for appraisal or expression of opinions of technologies, accompanied
with the feasibility study report and relevant legal documents, to the
authority competent to carry out appraisal or give opinions of technologies.
The feasibility study report must include explanation about technologies as
prescribed in clause 2 Article 16 of the Law on technology transfer in 2017;
b) The authority competent to
carry out appraisal or give opinions of technologies shall organize appraisal
or give opinions of technologies applied to the project as prescribed in clause
2 Article 19 and Article 20 of the Law on technology transfer in 2017;
c) The time limit for completing
appraisal or giving opinions of technologies which is counted from the date of
receipt of adequate documents as required is 30 days for projects subject to
investment policy approval given by the National Assembly, or 20 days for
group-A projects, or 15 days for group-B projects, or 10 days for group-C
projects and those projects which only require technical-economic report. The
time limit for giving opinions about technologies may be extended for a maximum
period which does not exceed the corresponding time limit prescribed for each
project as mentioned above. The authority competent to carry out appraisal or
give opinions of technologies shall a written notice of such extension in which
reasons for extension must be specified to the appraisal agency;
d) If the authority competent to
carry out appraisal or give opinions of technologies is also the appraisal
agency, the time limit for completing appraisal or giving opinions of
technologies shall be included in the time limit for appraising the feasibility
study report.
Article 22. Approval of
projects, grant of construction investment decisions
1. Appraisal agencies shall
consolidate appraisal results and submit them to investment decision makers for
grant of project approval and investment decisions. The authority competent to
make construction investment decisions shall be determined according to Article
60 of the 2014 Law on Construction, as amended in clause 17 Article 1 of the
Law No. 62/2020/QH14.
2. Approval of PPP projects by
competent authorities shall be given in accordance with regulations of the Law
on PPP investment.
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a) Project’s name;
b) The location and direction of
route of works (in respect of linear construction works);
c) Investment decision maker;
employer;
d) Organization providing
consultancy on formulation of feasibility study report (technical - economic
report), organization in charge of making construction surveys (if any);
organization providing consultancy on production of the fundamental design;
organization providing consultancy on verification of the fundamental design
(if any);
dd) Project group and type; type
and grade of main work(s); design service life of main work(s);
e) Project’s objectives;
g) Area of land used;
h) Scale of construction
investment: designed output or service capacity; some primary specifications or
norms of the main work(s) of the project;
i) Number of design steps, list of
selected main standards (the list of main standards may be approved under a
separate instrument);
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l) Implementation plan and
schedule of each stage or main work of the project, investment phasing (if
any), and duration of the project (if any);
m) Sources of investment capital
and allocation of funds according to the project implementation plan or
schedule;
n) Organizational form of project
management applied;
o) Requirements regarding
resources, extraction and use of natural resources (if any); compensation,
support and residential resettlement plan (if any);
p) Other contents (if any).
4. In case the project formulation
and appraisal are carried out for each constituent project or implementation
stage, the investment decision maker shall consider approving the contents in
clause 3 of this Article for each constituent project or implementation stage
of the project. In case a project is divided into constituent projects as
prescribed in clause 2 Article 12 hereof or the project formulation and
appraisal are carried out for each implementation stage, the investment
decision maker shall consider giving approval of the entire project upon
completion of the appraisal of all constituent projects or implementation
stages.
5. Decision on project approval
shall be made using Form No. 06 in Appendix I enclosed herewith. Decision on
approval of the project which only requires technical-economic report and uses
public investment capital or non-public investment state funds shall be made
using Form No. 07 in Appendix I enclosed herewith.
Article 23. Adjustment of
construction investment projects
1. Adjustment of construction
investment projects shall be subject to provisions of Article 61 of the 2014
Law on Construction, as amended in clause 18 Article 1 of the Law No.
62/2020/QH14. Adjustment of projects using public investment capital and PPP
projects shall also be subject to provisions of the Law on public investment
and the Law on PPP investment respectively.
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a) Adjustments to the planning
result in changes in scope and/or boundaries of the project or changes in
planning parameters or norms of the land area used for implementing the
project;
b) There are changes in
construction investment objectives and/or scale defined in the decision on
project approval, except rectification of figures or reduction in the number of
standalone work items;
c) There are changes in any of the
following contents of the fundamental design: architectural solutions to
arranging major functional zones of the works; main structural solutions;
principle diagrams of technical systems (for investment projects on
construction of technical infrastructure works);
d) Adjustments result in an
increase in total investment of the project (for projects using public investment
capital or non-public investment state funds), unless total investment is
adjusted due to changes in costs of compensation, support and residential
resettlement or construction price indexes as prescribed in point d clause 1
Article 61 of the 2014 Law on Construction.
3. An application submitted to the
specialized construction agency for appraisal of the adjusted feasibility study
report shall comply with provisions of clause 2 Article 17 hereof and clearly
indicate the following contents:
a) Reasons and objectives of
project adjustment, satisfaction of conditions for project adjustment as
prescribed in relevant laws (for construction investment projects using public
investment capital or non-public investment state funds, and PPP projects);
b) The employer’s report on the
project implementation process, and actual status of execution of construction
works of the project by the time of application for project adjustment.
4. Subject matters of the
appraisal of the adjusted feasibility study report by the specialized
construction agency are the adjusted contents specified in the application form
for appraisal. Approval of the adjusted project shall be given according to
provisions of Article 22 hereof in respect of either the adjusted contents or
the entire project, subject to decision of the investment decision maker or a
competent authority (for PPP projects).
5. Adjustment of a project which
only requires technical-economic report shall be subject to decision of the
investment decision maker and the following specific provisions:
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b) If the adjustment is made to
the construction drawing design only, and neither results in changes in any
content specified in clause 2 of this Article and in clause 1 Article 49 hereof
nor falls in the case specified in point a of this clause, the employer shall
carry out appraisal and approval of adjusted contents and submit report thereon
to the investment decision maker.
6. The time limit for appraising
the adjusted feasibility study report shall comply with provisions of Article
59 of the 2014 Law on Construction, as amended in Clause 16 Article 1 of the
Law No. 62/2020/QH14.
Section 2. MANAGEMENT OF
CONSTRUCTION INVESTMENT PROJECTS
Article 24. Forms of management
of construction investment projects
1. For projects using public
investment capital, investment decision makers shall select the appropriate
form of project management as prescribed in clause 2 Article 62 of the 2014 Law
on Construction, as amended in Clause 19 Article 1 of the Law No. 62/2020/QH14.
To be specific:
a) The investment decision maker
shall decide to apply the form of specialized or regional construction
investment project management board (hereinafter referred to as “specialized or
regional project management board”) on the basis of the number and
implementation schedule of projects in the same sector, the same route or
administrative division, or at the request of the donor (that provide funds for
implementing the project) or in case the specialized or regional project
management board is assigned to act as the employer;
b) If the form of project
management in point a of this clause is not applied, the investment decision
maker shall decide to apply the form of a single-project management board or
the employer shall itself organize the project management or employ a qualified
project management consultant to do so.
2. For projects using non-public
investment state funds or other funding sources, investment decision makers
shall decide the form of project management as prescribed in clause 1 Article
62 of the 2014 Law on Construction, as amended in Clause 19 Article 1 of the
Law No. 62/2020/QH14, taking into account management requirements and specific
conditions of the project.
3. For projects using
ODA/concessional loans granted by foreign donors, the form of project
management shall be determined according to provisions of the written agreement
on ODA/concessional loans; where specific provisions on the form of project
management are not available, the form of project management shall be applied
in accordance with regulations herein.
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5. The Minister of National
Defense of Vietnam and Minister of Public Security of Vietnam shall provide
specific regulations on competency requirements to be satisfied by project
managers and individuals assigned to perform specialized tasks, and working
relationship to meet specific sectoral management requirements in respect of
construction investment projects in national defense and security sector.
Article 25. Organization and
operation of specialized construction investment project management boards and
regional construction investment project management boards
1. The person who makes a decision
to establish a specialized or regional project management board shall decide
the number, functions, tasks and organizational structure of that specialized
or regional project management board to take charge of managing the project,
taking into account management requirements and specific conditions of the
project.
2. Authority to establish and
organize operation of specialized or regional project management boards is
provided for as follows:
a) For projects using public
investment capital, heads of central authorities or provincial- or
district-level People’s Committees shall establish specialized or regional
project management boards;
b) For projects using non-public
investment state funds or other funding sources, competent representatives of
authorities, organizations or enterprises shall establish specialized or
regional project management boards to meet management requirements, taking into
account specific conditions of the project;
c) Specialized or regional project
management boards established by competent authorities as prescribed in point a
of this clause are public service units that self-cover their recurrent
expenditures;
d) Persons who make decisions to
establish specialized or regional project management boards as prescribed in
point a of this clause shall decide to follow procedures for re-organization or
dissolution of specialized or regional project management boards or assign
qualified agencies or organizations to follow such procedures; establishment,
re-organization or dissolution of specialized or regional project management
boards shall be subject to regulations of law on public service units.
3. The number of specialized or
regional project management boards that are public service units shall be
considered and decided by persons who make decisions to establish such
specialized or regional project management boards. To be specific:
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b) Specialized or regional project
management boards under jurisdiction of provincial-level People’s Committees
are established according to sectors of projects as classified in Appendix X
enclosed herewith or in construction investment areas to manage construction
investment projects under the jurisdiction of provincial-level People’s
Committees;
c) Specialized or regional project
management boards under jurisdiction of district-level People’s Committees are
established to manage construction investment projects under the jurisdiction
of district-level People’s Committees.
4. Specialized or regional project
management boards may act as project management consultants for other projects
or perform some consulting tasks provided that they still fulfill their
assigned project management tasks and meet competency requirements laid down
herein when providing consultancy on project management.
5. A specialized or regional
project management board shall be organized in a manner appropriate to its
assigned functions and tasks as well as the number and scale of projects to be
managed, and mainly be comprised of:
a) Board of Directors, project
managers and affiliated specialized units in charge of assisting the
specialized or regional project management board in acting as an employer and
performing project management tasks;
b) Project managers of specialized
or regional project management boards must meet competency requirements laid
down in Article 85 hereof;
c) Individuals assigned to perform
specialized tasks of the project must possess practicing certificates of
classes which are appropriate to the project group, grade of works and their
undertaken tasks. To be specific: an individual is required to possess a
practicing certificate in project management or construction supervision to perform
the tasks concerning scope and plan for works, volume of works, construction
quality, implementation schedule, safety and environmental protection in
construction; an individual is required to possess a practicing certificate in
construction valuation to perform the tasks concerning construction costs and
risk management.
6. Working regulations of a
specialized or regional project management board shall be issued by its
Director and include specific provisions on the position, role, functions,
tasks, powers, working relationship, and division of responsibilities between
the unit acting as the employer and the unit in charge of performing project
management tasks in conformity with regulations of law on construction and
relevant laws.
Article
26. Single-project management board
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2. The single-project management
board is the employer’s affiliated unit, has its own seal and is allowed to
open an account at the State Treasury or a commercial bank in accordance with
regulations of law to serve its performance of project management tasks
assigned by the employer; and shall assume responsibility before the law and
the employer for its performance of project management tasks.
3. Project managers of the
single-project management board are required to meet competency requirements
laid down in Article 85 hereof; individuals assigned to perform specialized
tasks of the project are required to meet relevant requirements laid down in
point c clause 5 Article 25 hereof.
4. The employer shall define the
functions, tasks, powers and organizational structure of the single-project
management board according to provisions of clause 2 Article 64 of the 2014 Law
on Construction.
5. The single-project management
board prescribed in this Article shall automatically dissolve upon its
completion of project management tasks.
Article 27. Project management
by employers
1. Each employer may use its
affiliated unit that meets eligibility and competency requirements laid down in
clauses 2 and 3 of this Article to organize the management of the construction
investment project; the employer shall issue a decision to assign specific
powers and responsibilities to individuals engaging in project management. If
it is ineligible to organize the project management, the employer may hire the
organization or individual that meets competency requirements laid down in this
Article to perform project management tasks.
2. Project managers are required
to meet competency requirements laid down in Article 85 hereof, except
management of construction investment projects which require technical-economic
reports.
3. Individuals engaging in the
project management shall work on a full-time or part-time basis according to
the employer’s decision; individuals assigned to perform specialized tasks must
meet competency requirements laid down in point c clause 5 Article 25 hereof.
Article 28. Hiring construction
investment project management consultants
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2. Project managers are required
to meet competency requirements laid down in Article 85 hereof; individuals
assigned to perform specialized tasks of the project are required to meet
relevant requirements laid down in point c clause 5 Article 25 hereof.
3. The selected project management
consultancy must give written notice of tasks and powers of its
representative and apparatus directly taking charge of the project management
to the employer and relevant contractors.
4. The employer shall supervise
the performance of the contract for consultancy on project management and
consider resolving relevant issues arising between the project management
consultancy and other contractors or local government during the project
implementation.
5. Selection of project management
consultancies or consultants as prescribed in this Article to manage
construction investment projects shall be carried out in accordance with
regulations of the law on bidding if the project is subject to the governing
scope of this law.
Chapter III
SURVEY, FORMULATION, APPRAISAL AND APPROVAL OF
CONSTRUCTION DESIGNS
Section 1. CONSTRUCTION SURVEY
Article 29. Construction survey
process
1. Determine and approve
construction survey tasks.
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3. Carry out construction survey.
4. Check, accept and approve
construction survey results.
Article 30. Construction survey
tasks
1. Construction survey tasks are
determined for surveys which are carried out to serve the formulation of
construction projects, construction design, or design for repair,
refurbishment, expansion and/or upgradation of works or to serve other surveys
in construction sector.
2. Either design contractor or
construction survey contractor may take charge of determining construction
survey tasks. In case a qualified design contractor or construction survey
contractor is yet to be selected or in other survey cases, the investment
decision maker or employer or competent authority in charge of formulating the
PPP project may hire qualified organization or individual or assign their
affiliated unit or employee that meets competency requirements for construction
design or survey laid down herein to determine construction survey tasks.
3. The employer shall consider
granting a written approval of construction survey tasks or giving approval
directly on the document specifying such construction survey tasks.
4. Construction survey tasks
include:
a) Purposes of the construction
survey;
b) Scope of the construction
survey;
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d) Preliminarily estimated volumes
of construction surveys, and construction survey cost estimate (if any);
dd) Duration of the construction
survey.
5. Construction survey tasks may
be modified in the following circumstances:
a) During the construction survey,
unusual factors that are likely to directly affect design solutions are found
or there are changes in design tasks resulting in addition of construction
survey tasks;
b) The construction survey tasks
or construction survey report is found by the design contractor during the
design process to have failed to meet design requirements;
c) Unusual geological factors are
found during the construction and make the construction survey tasks approved
by the employer or design consultant unsatisfactory, and may thus affect the
construction quality and/or measures for executing the construction works.
6. When determining survey tasks
at any step of construction design, survey tasks and results determined and
achieved in the previous step and any relevant surveys previously conducted
must be taken into account.
Article 31. Technical
construction survey plan
1. The survey contractor shall
take charge of formulating a technical construction survey plan which should be
conformable with the determined construction survey tasks.
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a) Basis of the technical
construction survey plan;
b) Components and volumes of
construction survey work;
c) Methods, equipment and
laboratories used to carry out the survey;
d) Technical regulations and
standards for construction survey to be applied;
dd) Organization of the
construction survey and quality control measures taken by the construction
survey contractor;
e) Survey schedule;
g) Measures taken to ensure safety
of human, equipment, technical infrastructure works and other construction
works in the surveyed area; measures taken to protect the environment and
preserving landscape in the surveyed area and to restore it to the initial
state upon completion of the survey.
3. The employer shall directly
inspect or hire a qualified consultancy unit to verify the technical
construction survey plan, and approve it under terms and conditions of the
signed contract.
Article 32. Management of
construction surveys
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2. Depending on the scale and type
of survey, the employer may directly supervise or hire an organization or
individual that has practicing competency appropriate to the survey type to
supervise the construction survey as follows:
a) Inspect the actual capacity of
the construction survey contractor, including its personnel, surveying
equipment at the site and laboratories (if any) used to carry out the survey in
comparison with the approved technical construction survey plan and the signed
contract;
b) Monitor and inspect the conduct
of the construction survey activities, including: location and volume of
survey, survey process, retention of survey data and testing samples;
laboratory and in-situ tests; measures taken to ensure occupational and
environmental safety during the survey.
3. The employer is entitled to
suspend the survey whenever there are reasonable grounds to believe that the
survey contractor has failed to comply with the approved survey plan or terms
and conditions of the signed contract.
Article 33. Contents of
construction survey report
A construction survey report shall
include:
1. The basis of the construction survey.
2. The construction survey process
and methods.
3. Overview of the location and
natural conditions of the surveyed area, characteristics, scale and nature of
the works.
4. Completed survey volume.
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6. Opinions, warnings and
proposals (if any).
7. Conclusion and recommendations.
8. Appendixes.
Article 34. Approval of
construction survey report
1. The employer shall consider
granting a written approval of the construction survey report or giving
approval directly on that construction survey report. The employer is entitled
to request the design consultant or hire a consultancy unit that meets
competency requirements for construction survey laid down herein to check and
inspect the construction survey report before giving approval.
2. The survey contractor shall
assume responsibility for the quality of the construction survey that it
carried out. The employer’s approval of the construction survey report shall neither
change nor relieve the survey contractor's responsibility for the quality of
its performed survey.
3. The construction survey report
forms part of the as-built documentation and shall be retained as prescribed.
Section 2. CONSTRUCTION DESIGN
Article 35. General provisions
on construction design
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2. Depending on the scale and
nature of each project, the number of steps of construction design shall be
determined and specified in the decision on approval of the construction
investment project.
3. Details of each step of
construction design must comply with regulations of law on construction and be
conformable with the construction design objectives and tasks set out for such
step.
4. If the construction design is
comprised of at least two steps, the main contents and specifications of any
step must be conformable with those of the previous step. During the production
of the construction design following the fundamental design, the employer is
allowed to decide adjustments to the design so as to meet efficiency and use
requirements provided that such adjustments do not result in changes in the
fundamental design as prescribed in clause 2 Article 23 hereof.
5. The employer or the agency
assigned to perform pre-construction tasks of the project (in case of
unidentified employer) shall assume responsibility to produce the construction
design, except the steps of construction design which are to be completed by
the construction contractor under terms and conditions of the signed contract.
6. The employer shall organize
appraisal and control of the step of construction design following the
fundamental design as prescribed in clause 1 Article 82 of the 2014 Law on
Construction, as amended in clause 24 Article 1 of the Law No. 62/2020/QH14.
Article 36. Construction design
tasks
1. The employer or the agency
assigned to perform pre-construction tasks of the project (in case of
unidentified employer) shall itself determine or hire an organization or
individual that meets competency requirements for construction design laid down
herein to determine the construction design tasks.
2. Construction design tasks must
be conformable with the investment policy and shall be used as the basis for
formulating the construction investment project and the construction design.
The employer may hire consultancies or experts to give consultancy on or verify
the design tasks.
3. The construction design tasks
include:
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b) Objectives of the construction
works;
c) Location of the construction
works;
d) Requirements regarding
planning, landscape and architecture of the works;
dd) Requirements regarding scale
and service life of the works, functions, standards and other technical
requirements for the works.
4. The construction design tasks
may be modified according to actual conditions so as to meet efficiency and use
requirements of the construction investment project.
5. The employer or the agency
assigned to perform pre-construction tasks of the project shall consider
granting a written approval of the construction design tasks determined by a
hired organization or individual as prescribed in clause 1 of this Article or
giving approval directly on the document specifying such construction design
tasks.
Article 37. Specifications of
construction design dossier
1. The construction design dossier
shall be prepared for each work, including: explanatory notes to the design,
design drawings and relevant documents of each design step as prescribed in
Articles 38, 39 and 40 hereof.
2. Size, scale and title block
presented on a construction design drawing must comply with standards
applicable to the construction sector. The title block presented on each
drawing must contain the names and signatures of the design creator, inspector,
chairperson and president. If the construction design contractor is an organization,
the drawing must also be signed by the authorized signatory and bear the seal
of this organization as prescribed.
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4. Any architectural design
documents included in the construction design dossier should comply with
regulations of law on architecture.
Article 38. Contents of
fundamental design
1. The fundamental design must
contain adequate contents as prescribed in clause 1 Article 54 of the 2014 Law
on Construction and display design solutions and main specifications to serve
the subsequent step of design. The fundamental design is comprised of
explanatory notes and drawings.
2. Explanatory notes to
calculation of building structures and foundations (if any) include:
a) List of technical regulations
and standards applied, types and grades of the works used in calculation;
b) Loads and actions, analysis of
design solutions adopted to ensure the construction safety and calculation
tables or sheets (if any);
c) Summary of results of
calculation of criteria for assessment of general safety of building
structures, including: stability (if any), displacement (if any), limit
deformation of foundation, and some other criteria concerning the structural
safety as prescribed in applied standards, and comparison with those parameters
specified in applied technical regulations and standards.
3. There are explanatory notes to
the satisfaction by design solutions of fire and explosion prevention and
control requirements, if required as prescribed in technical regulations and
regulations of the Law on fire protection and rescue.
4. The drawings of the fundamental
design must include contents about sizes, specifications and the main materials
used, including:
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b) Plan, elevation and section
drawings of the works or other specialized drawings showing the sizes and
specifications of the works;
c) Main structural plan;
d) Solutions for design of main
technical systems of the works;
dd) Solutions for design of fire
protection systems (if required);
e) Process flow diagram, drawings
of technological lines (for works having technological requirements);
g) Other drawings made according
to the requirements of the project.
Article 39. Contents of
engineering design
1. An engineering design must
include adequate contents prescribed in Article 80 of the 2014 Law on
Construction, show solutions, specifications, materials used, technical
regulations and standards applied, and be conformable with the approved
fundamental design. The engineering design is comprised of explanatory notes,
drawings, technical instructions and maintenance manual.
2. Explanatory notes to
calculation of building structures and foundations (if any) include:
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b) Loads and actions, results of
detailed and adequate calculation of load-bearing structural components and
parts of the works and calculation tables or sheets;
c) Summary of results of
calculation of criteria for assessment of safety of building structures,
including: stability (if any), displacement (if any), limit deformation of
foundation; load-bearing capacity, local stability and deformation (if any) of
load-bearing structural components; and some other criteria deemed necessary,
and comparison with those parameters specified in applied technical regulations
and standards as the basis for the verification consultant to consider,
examine, verify and reach conclusions on the safety of load-bearing structures
and safety in use.
3. There are explanatory notes and
drawings of the engineering design meeting fire and explosion prevention and
control requirements, if required as prescribed in the national technical
regulations on fire safety and regulations of the Law on fire protection and
rescue.
4. The drawings of the engineering
design must include adequate contents about solutions, detailed sizes,
specifications and materials used in conformity with the applied national
technical regulations and standards to serve as the basis for producing the
construction drawing design.
5. Technical instructions shall
comply with the provisions of Article 41 hereof. Maintenance manual shall
comply with provisions of Article 126 of the 2014 Law on Construction and the
Government’s regulations on quality control, execution and maintenance of
construction works.
Article 40. Contents of
construction drawing design
1. The construction drawing design
must include adequate contents as prescribed in Article 80 of the 2014 Law on
Construction, and sufficiently show specifications, materials used, detailed
composition, national technical regulations and standards applied in conformity
with the approved fundamental design (in case of two-step design) or the
approved engineering design (in case of three-step design). The construction
drawing design is comprised of explanatory notes and drawings. In case of
two-step design, the construction drawing design should also include technical
instructions and maintenance manual.
2. Explanatory notes to
calculation of building structures and foundations (if any) shall comply with
provisions of clause 2 Article 39 hereof in case of two-step or one-step design
produced for the project which requires technical-economic report.
3. There are explanatory notes and
drawings of the construction design meeting fire and explosion prevention and
control requirements, if required as prescribed in the national technical
regulations and regulations of the Law on fire protection and rescue.
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5. In case of three-step design,
the construction drawing design shall comply with the provisions of clauses 3
and 4 of this Article.
Article 41. Technical
instructions
1. Technical instructions are
integral part of the construction design dossier following the fundamental
design; the approved technical instructions shall form part of the bidding
documents for selection of construction contractor, be considered as the basis
for execution, supervision and acceptance testing of the construction works.
2. Technical instructions must be
conformable with requirements of the construction design, national technical
regulations and standards approved in the decision on project approval.
3. Technical instructions must be
prepared separately for works of special grade, grade I and grade II. For other
works, technical instructions may be prepared separately or as part of the
explanatory notes to the construction design.
Article 42. Management of
construction design
1. Construction design contractors
shall assume responsibility for quality of construction designs which they
produced; verification, appraisal and approval of a construction design by an
individual, organization, employer, investment decision maker or specialized
construction agency shall neither change nor relieve the responsibility of the
design contractor for the quality of such design.
2. During the production of a
construction design for a project of national significance, a large-scale
project or complex engineering project, the construction design contractor may
request the employer to carry out certain simulation tests and experiments to
inspect and calculate the serviceability of the works so as to complete the
construction design and meet technical and safety requirements.
3. After the construction design
dossier is appraised and approved as prescribed, the employer shall check the
volumes of works performed according to terms and conditions of the
construction contract, and give a written notice of acceptance of the
construction design dossier to the construction design contractor if the works
performed are considered satisfactory.
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Article 43. Appraisal of
construction design following fundamental design
1. The employer shall organize the
appraisal or a specialized agency affiliated to the investment decision maker
shall take charge of the appraisal (in case such appraisal is organized by the
investment decision maker) according to Articles 82 and 83 of the 2014 Law on
Construction, as amended in clauses 24 and 25 Article 1 of the Law No.
62/2020/QH14.
2. The appraisal by a specialized
construction agency shall comply with the provisions in Articles 44, 45, 46 and
47 hereof.
3. The appraisal of the FEED
design by a specialized construction agency in case of an EPC contract as
prescribed in point a clause 2 Article 82 of the 2014 Law on Construction, as
amended in clause 24 Article 1 of the Law No. 62/2020/QH14 shall be subject to
the following provisions:
a) The specialized construction
agency shall appraise the contents specified in clauses 2 and 3 Article 83a
which is added according to clause 26 Article 1 of the Law No. 62/2020/QH14
(hereinafter referred to as "Article 83a of the Law on Construction”) if
the construction design dossier submitted for appraisal contains adequate
contents as prescribed in Article 39 hereof;
b) In order to establish the good
grounds for assessing the construction safety, and fire and explosion
prevention and control in the case the design dossier does not have adequate
contents as prescribed in Article 39 hereof, the specialized construction
agency shall appraise the contents specified in points a, b, d, e clause 2 and
clause 3 Article 83a of the Law on Construction to form the basis for the
employer to carry out appraisal and approval of the design included in the
bidding documents for EPC package. Additionally, the written notice of
appraisal results shall also request the employer to apply to the specialized
construction agency for additional appraisal of the contents specified in points
c and dd clause 2 Article 83a of the Law on Construction when the next-step
construction design dossier has adequate contents as prescribed.
4. During the appraisal, the
employer or specialized agency affiliated to the investment decision maker, or
the specialized construction agency may invite organizations and/or individuals
with appropriate competency and experience to engage in the appraisal of the
construction design following the fundamental design or request the appraisal
applicant to select an organization or individual that meets competency
requirements to carry out verification as the basis to carry out the appraisal
where it's deemed necessary.
5. Verification of the
construction design of the construction works prescribed in clause 6 Article 82
of the 2014 Law on Construction, as amended in clause 24 Article 1 of the Law
No. 62/2020/QH14, shall be subject to the following provisions:
a) The employer shall check and
give certification on the verification report before it is submitted to the
appraisal agency. During the appraisal, if the verification report does not
provide sufficient grounds to reach appraisal conclusions, the specialized
construction agency is entitled to request modification of the verification
report;
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c) The verification report is made
using Form No. 09 in Appendix I enclosed herewith. Verified drawings must be
sealed using Form No. 12 in Appendix I enclosed herewith.
6. The employer shall consolidate
the appraisal results of the construction design following the fundamental
design given by the specialized construction agency, and documents given by
other relevant authorities and/or organizations as the basis for approval of
the design. Results of appraisal and approval given by the employer shall be
included in the decision on approval of the construction design which is issued
using Form No. 11 in Appendix I enclosed herewith.
Article 44. Authority to
appraise construction designs following fundamental designs of specialized
construction agencies
1. Specialized construction
agencies shall, depending on their management sectors as prescribed in Article
121 hereof, carry out appraisal of designs following the fundamental designs of
the works belonging to the following projects:
a) Projects using public
investment capital;
b) PPP projects;
c) Group-B or higher-level
projects, projects that have construction works significantly affecting the
community safety and interests and use non-public investment state funds;
d) Projects that have construction
works significantly affecting the community safety and interests in areas where
neither of urban planning, special-purpose zone construction planning and
detailed planning on construction of rural residential areas is available.
2. Authority to appraise the
construction designs following fundamental designs of specialized construction
agencies in respect of the works specified in clause 1 of this Article is
elaborated as follows:
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b) Specialized construction
agencies affiliated to provincial-level People's Committees shall take charge
of appraising construction designs following fundamental designs of the works
belonging to construction investment projects in their provinces, except those
works specified in point a of this clause.
3. In some specific cases
prescribed in this clause, the authority to appraise construction designs
following fundamental designs of specialized construction agencies shall not be
subject to provisions of clause 2 of this Article but the following provisions:
a) Regarding the works belonging
to a project that falls under the jurisdiction of a specialized construction
work-managing ministry and is subject to the investment decision granted by
this ministry, the specialized construction agency affiliated to this ministry
shall take charge of appraisal tasks;
b) The specialized construction
agency affiliated to the Ministry of Transport of Vietnam shall take charge of
appraising construction designs following fundamental designs of the works
belonging to construction investment projects in the fields of aviation,
railway and maritime, except those projects specified in point dd of this
clause;
c) The specialized construction
agency affiliated to the Ministry of Agriculture and Rural Development of
Vietnam shall take charge of appraising construction designs following
fundamental designs of the works belonging to investment projects on
construction of hydraulic structures and flood control systems with investment
objectives and scope of operation/protection involving at least two provinces;
d) The specialized construction
agency affiliated to the Ministry of Industry and Trade of Vietnam shall take
charge of appraising construction designs following fundamental designs of the
works belonging to investment projects on construction of energy works at sea,
as prescribed by the law of the sea and relevant specialized laws, which fall
beyond the jurisdiction of provincial-level People’s Committees;
dd) The specialized construction
agency affiliated to Hanoi City People’s Committee or Ho Chi Minh City People’s
Committee shall take charge of appraising construction designs following
fundamental designs of the works belonging to projects in which the investment
is decided by or with authorization of its Chairperson;
e) Authority to appraise
construction designs following fundamental designs of the works belonging to
land reclamation projects or land reclamation work items of investment projects
shall be determined in accordance with regulations of the land law while the
authority to appraise those of the works belonging to other items of the
project shall be subject to provisions herein.
4. Regarding a project comprising
multiple works of different types and grades, the authority to carry out
appraisal of a specialized construction agency shall be determined according to
their management sectors as prescribed in Article 121 hereof in respect of the
main work of the project or the main work of the highest grade (if the project
has more than one main work).
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5. Where a project which is
subject to the appraisal of its construction design following the fundamental
design by a specialized construction agency and involves at least 02
provincial-level administrative divisions but does not fall under the
jurisdiction of the specialized construction agency affiliated to a specialized
construction work-managing ministry, the employer may submit the appraisal
application to the specialized construction agency affiliated to the People’s
Committee of one of the provinces in which the project is to be executed.
Regarding a project using public investment capital, the appraisal applicant
shall submit the appraisal application to the specialized construction agency
affiliated to the provincial-level People’s Committee that is assigned to act
as the governing body of the project (if any).
The specialized construction
agency that has been requested by the appraisal applicant to appraise the
feasibility study report as prescribed in clause 8 Article 16 hereof shall also
take charge of appraising the construction design following the fundamental
design of the works belonging to the project.
6. If a repair and refurbishment
work is subject to the appraisal by a specialized construction agency, the
authority to appraise its construction design following the fundamental design
shall be determined according to the scale of the repair and refurbishment work
item.
7. Regarding construction
investment projects comprising grade-I works, the appraisal applicant may
request the specialized construction agency affiliated to the specialized construction
work-managing ministry to appraise the construction design following the
fundamental design of the works belonging to the project following the rule
that all works belonging to each project shall be submitted to the one
specialized construction agency for appraisal; when submitting an appraisal
application to the specialized construction agency affiliated to the
specialized construction work-managing ministry, the appraisal applicant shall
concurrently send a notification thereof to the relevant provincial Department
in charge of managing specialized construction works for reference and
management (indicate information at the place of receipt of the application
form for appraisal which is made using Form No. 08 in Appendix I enclosed
herewith).
Article 45. Application for
appraisal of construction designs following fundamental designs by specialized
construction agencies
1. An appraisal application must
ensure legality and be conformable with the contents to be appraised. An
appraisal application is considered valid if it contains adequate documents as
prescribed in clause 2 of this Article, which are made in a proper format in
Vietnamese as the primary language, and is checked and confirmed by the
appraisal applicant that shall assume legal responsibility for the accuracy of
the appraisal application.
2. An application for appraisal of
the construction design following fundamental design shall include:
a) An application form for
appraisal which is made using Form No. 08 in Appendix I enclosed herewith;
b) Accompanied documents,
including: decision on approval of the construction investment project,
accompanied with the approved feasibility study report; written notice of
appraisal results given by the specialized construction agency and the
fundamental design drawings bearing the appraisal seal; report on verification
of the construction design made by the verification consultant and certified by
the employer (if required); document indicating appraisal and approval of the
fire protection design (if required as prescribed by the law on fire prevention
and control) and other relevant documents.
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c) The construction survey dossier
approved by the employer; the construction design dossier of the design step
subject to the appraisal;
d) Competency certificate codes of
survey contractors, contractors in charge of producing the construction design,
and verification contractors; practicing certificate codes of the following
title holders, including president in charge of construction survey; president
or chairperson in charge of designing; president or chairperson in charge of
verification tasks; foreign contractor license (if any);
dd) In addition to the documents
specified in points a, b, c and dd of this clause, an application for appraisal
of the construction design following the fundamental design of the works using
public investment capital or non-public investment state funds must also
include the construction cost estimate; information/data on prices, norms,
quotation, and appraisal results (if any) used as the basis for making the
construction cost estimate;
e) Where a project is involved in
an administrative violation against regulations on construction for which
penalties have been imposed and the violating entity is required to follow
procedures for appraisal, appraisal of adjustments, issuance or modification of
construction permit as the remedial measure, the appraisal application shall
also include the following: the employer’s report on the project implementation
process, actual execution of the project’s works by the time of submission of
the appraisal application; records of the administrative violation and decision
on imposition of penalties issued by competent authorities; inspection report
given by the construction inspection organization indicating assessment of
bearing capacity of the completed works;
g) Regarding a repair and
refurbishment work, the appraisal application shall also include the documents
on survey of existing conditions, and inspection report given by the
construction inspection organization indicating assessment of bearing capacity
of the works.
Article 46. Contents and
results of appraisal of construction designs following fundamental designs of
specialized construction agencies
Specialized construction agencies
shall appraise the contents specified in clauses 2 and 3 Article 83a of the Law
on Construction. Some contents of appraisal are elaborated as follows:
1. Examine the adequacy of
contents of the engineering design (in case of three-step design) or the
construction drawing design (in case of two-step design) as prescribed in
Article 39 and Article 40 hereof.
2. Examine and verify whether
competency certificates and practicing certificates of organizations and
individuals engaged in surveys, design or verification of the design meet
relevant requirements laid down in laws.
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4. Examine the verification
results given by the consultant in respect of the satisfaction of construction
safety requirements, compliance with national technical regulations, and
regulations of law on application of standards. To be specific:
a) Examine the adequacy of
contents of assessment of the satisfaction of construction safety requirements
as prescribed in clause 2 Article 39 hereof;
b) Examine the results of
assessment of the conformity of the construction design following the
fundamental design with relevant national technical regulations and applied
standards.
5. Examine the fulfillment of fire
and explosion prevention and control, and environmental protection
requirements:
a) Compare and assess the
conformity of the construction design following the fundamental design with the
certificate of appraisal and approval and the design bearing the seal
certifying that it has been duly appraised and approved or results of fire
protection-related procedures as prescribed;
b) Examine the completion of
procedures for environmental impact assessment report or environmental license
as prescribed in the Law on environmental protection (if required).
6. Examine the compliance with
regulations of law on preparation of the construction cost estimate (if
required) in accordance with regulations of law on management of construction
investment costs.
7. The appraisal results must
include assessment of the satisfaction of requirements for each appraisal
content as prescribed and a general conclusion for all appraisal contents, and
requirements to be satisfied by the investment decision maker, employer and
competent authorities for a PPP project. The appraisal results shall be sent to
the appraisal applicant for consolidation, and also sent to the local
construction authority for monitoring and management purposes.
8. If the construction design
meets approval requirements and is eligible for exemption from the construction
permit as prescribed in point g clause 2 Article 89 of the 2014 Law on Construction,
as amended in clause 30 Article 1 of the Law No. 62/2020/QH14, the appraisal
results must also include the requirement that the employer is requested to
send the required documents of an application for the construction permit as
prescribed herein (excluding the application form for construction permit) and
the notice of commencement date to the local construction authority for
monitoring and management as prescribed in Article 67 hereof.
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10. In case the employer transfers
a part of or the entire project, or makes capital contribution using LURs or
property on land, or follows split-up, split-off, merger or consolidation
procedures after the construction design following the fundamental design of
the works has been appraised by the specialized construction agency, the
transferee/capital receiving-entity or the entity established from the split-up,
split-off, merger or consolidation shall inherit the results of appraisal of
the construction design following the fundamental design given by the
specialized construction agency without re-following these appraisal
procedures, except the case of project adjustment prescribed in clause 1
Article 49 hereof.
Article 47. Procedures for
appraisal of construction designs following fundamental designs by specialized
construction agencies
1. The appraisal applicant shall
submit an application for appraisal to the specialized construction agency
according to regulations on handling of administrative procedures in clause 2
Article 7 hereof.
2. The receiving section shall
examine and receive or refuse to receive the application as prescribed. An
application for appraisal shall be refused in the following circumstances:
a) The application falls beyond
the jurisdiction of the specialized construction agency or the application is
not submitted by a duly authorized applicant as prescribed herein (according to
the contents of the application form);
b) The subject of the application
is not required to be appraised by the specialized construction agency as
prescribed;
c) The application is not valid as
prescribed herein;
d) If an application submitted by
post is refused, a written response indicating the reasons for refusal of the
application shall be sent to the appraisal applicant.
3. Within 07 working days from its
receipt of the application, the specialized construction agency shall:
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b) give a written refusal to carry
out appraisal in case the contents of the documents included in the submitted
application are found to be different from those of the application form
resulting in the refusal of the application prescribed in points a and b clause
2 of this Article.
4. During the appraisal, the
specialized construction agency has the right to suspend the appraisal (only
one suspension is permitted) and shall notify the appraisal applicant of
misstatements and erroneous information/figures in the application which make
it unable to reach appraisal conclusions.
5. Within 20 days from its receipt
of the request from the specialized construction agency as prescribed in point
a clause 3 and clause 4 of this Article, if the appraisal applicant fails to
modify its application as requested, the specialized construction agency shall
terminate the appraisal process. The appraisal applicant shall receive its
application returned by the section in charge of returning application
processing results according to regulations on handling of administrative
procedures.
6. At least 05 days before the
notice of appraisal results is to be given, if the specialized construction
agency fails to receive the results of handling of fire protection-related
procedures as prescribed in point b clause 2 Article 45 hereof, it shall
terminate the appraisal process. The appraisal applicant shall receive its
application returned by the section in charge of returning application
processing results according to regulations on handling of administrative
procedures.
7. Stamping documents included in
the construction design following the fundamental design and returning
application processing results:
a) If an application for appraisal
is considered satisfactory to be submitted for consolidation and approval, the
specialized construction agency shall examine and append its seal to the
drawings of the construction design following the fundamental design. The
appraisal applicant shall receive appraisal results which include the notice of
appraisal results and drawings bearing the seal appended to confirm that they
have been duly appraised;
b) If an application for appraisal
is considered unsatisfactory or satisfactory only after the construction design
following the fundamental design is modified, the appraisal applicant shall
receive the appraisal results which include the notice of appraisal results and
the submitted drawings (without bearing the appraisal seal);
c) If an application for appraisal
is considered satisfactory only after the construction design following the
fundamental design is modified, the appraisal applicant shall submit a written
request for stamping and the modified construction design following the
fundamental design to the receiving section according to the process of
handling of administrative procedures. The specialized construction agency
shall examine and append its seal to drawings which meet the requirements set
forth in the notice of appraisal results.
d) The specialized construction
agency shall append its seal to confirm appraised contents on relevant drawings
included in the construction design following the fundamental design. The
appraisal seal is provided for in Form No. 12 in Appendix I enclosed herewith.
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9. The time limit for appraisal of
a construction design following the fundamental design by a specialized
construction agency is counted from the date of receipt of an adequate and
valid application and shall not exceed:
a) 40 days, for the works of
special grade or grade I;
b) 30 days, for the works of grade
II or grade III;
c) 20 days, for the remaining
works.
Article 48. Approval of
construction designs following fundamental designs
1. The employer shall issue an
approval decision to give approval of the construction design following the
fundamental design which shall, inter alia, include:
a) Name of the work or each part
of the work;
b) Name of the project;
c) Type and grade of the work;
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dd) Contractor in charge of
preparing construction survey report;
e) Contractor in charge of
producing construction design;
g) Unit in charge of verifying the
construction design (if any);
h) Scale, technical norms; design
solutions to ensure efficient and economical use of energy and natural
resources (if any);
i) Design service life of the
work;
k) Estimated construction value by
each cost item;
l) Other contents.
2. The decision on approval of the
construction design following the fundamental design for projects using public
investment capital or non-public investment state funds shall be issued using
Form No. 11 in Appendix I enclosed herewith.
3. In case a project is managed by
a specialized or regional project management board or a single-project
management board, the employer may authorize its affiliated project management
board to consider granting approval of the construction design.
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5. If the construction design is
produced and appraised for each part of the work, the employer or his/her authorized
person shall consider approving the contents specified in clause 1 of this
Article for each appraised part of the work. Upon completion of appraisal of
all parts of the work, the employer or his/her authorized person shall consider
granting approval of the construction design of the work.
Article 49. Adjustment of
construction designs following fundamental designs
1. When the construction design of
a construction work which is subject to appraisal by a specialized construction
agency as prescribed in Article 44 hereof is adjusted, the specialized
construction agency shall only carry out appraisal of the adjusted construction
design in the following cases:
a) Adjustments to the construction
design involve the main structural solutions such as adjustment of solutions
for soft ground handling (except partial adjustments to the linear construction
works), design solutions for foundation/substructures, design solutions for
superstructures/main body of the works, and adjustment of solutions for using
materials for such structures;
b) Adjustments to construction
measures create impacts on the safety of load-bearing structures resulting in
adjustment of the load-bearing structures of the work which have been duly
appraised and approved;
c) Adjustment of the construction
investment project requires appraisal of the adjusted feasibility study report
by the specialized construction agency as prescribed in clause 2 Article 23
hereof.
2. The adjusted construction
design shall be verified according to provisions of clause 4 Article 43 hereof.
3. The employer shall itself
organize the appraisal of the adjusted construction design in the cases other
than those specified in clause 1 of this Article to establish the basis for
approval thereof.
4. Adjustment of the construction
cost estimate shall comply with the Government’s regulations on management of
construction costs and relevant laws.
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a) The documents specified in
clause 2 Article 45 hereof and the construction design following the
fundamental design which has been duly appraised and approved;
b) The employer’s report on actual
status of execution of the works and reasons for adjustment.
6. The time limit for appraisal of
the adjusted construction design following the fundamental design shall comply
with provisions of clause 9 Article 47 hereof.
Chapter IV
CONSTRUCTION PERMIT AND CONSTRUCTION ORDER MANAGEMENT
Article 50. Eligibility
requirements for construction permit
1. Eligibility requirements for
construction permit in specific cases are provided for in Articles 91, 92, 93
and 94 of the 2014 Law on Construction, as amended in the 2019 Law on
Architecture and the Law No. 62/2020/QH14.
2. Types of planning used as the
basis for formulating the construction investment project as prescribed in
clause 2 Article 13 hereof shall be also used as the basis for issuance of the
construction permit.
3. The document issued by a
competent authority as prescribed in clause 1 Article 92 of the 2014 Law on
Construction is one of the following documents:
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b) Decision on approval of the
detailed special-purpose zone construction planning and overall land use
planning map, and other maps and drawings included in the approved dossier on
the detailed special-purpose zone construction planning project;
c) Decision on approval of the
detailed rural residential area construction planning and maps and drawings
included in the approved dossier on the detailed rural residential area
construction planning project;
d) Written approval of location,
direction of the route and master plan of the project as prescribed in relevant
laws. Approval of location, direction of the route and master plan of the
project shall be given according to provisions of clause 5 Article 121 hereof.
dd) Decision on approval of the
forest ecotourism and recreational area scheme, and maps/drawings included in
the scheme, in respect of a forest ecotourism and recreational area project
which is executed in the form of leasing of forest environment in accordance
with regulations of law on forestry.
4. Regarding construction works
which significantly affect the community safety and interests and require
verification as prescribed in clause 6 Article 82 of the 2014 Law on
Construction, as amended in clause 24 Article 1 of the Law No. 62/2020/QH14,
the verification report shall, in addition to the contents specifically
required by the employer, also include the conclusion that the construction
design dossier of the work meets safety requirements and complies with national
technical regulations and standards.
Article 51. Authority to issue
construction permit
1. The authority to issue, adjust,
renew, reissue and revoke construction permits (hereinafter referred to as “the
authority to issue construction permit”) shall comply with provisions of
Article 103 of the 2014 Law on Construction, as amended in clause 37 Article 1
of the Law No. 62/2020/QH14.
2. The authority to issue
construction permit shall be determined as follows:
a) Regarding a project comprising
multiple works of different types and grades, the authority to issue
construction permit shall be determined according to the work of the highest
grade of the project;
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c) In case of adjustment of a
construction design or repair and refurbishment of an existing work that
results in a change in the grade of the work, the authority to issue
construction permit shall be determined according to the grade of the work
after such adjustment or of the repair and refurbishment work;
d) In case of a work attached to
another existing work or work item, the authority to issue construction permit
shall be determined according to the grade of the work for which the
construction permit is applied;
dd) In case of a construction
investment project involving at least 02 provincial-level administrative
divisions, the authority to issue construction permit shall be determined
according to the location of each work.
Article 52. Procedures and
contents put into consideration for issuance of construction permit
1. Procedures for issuance of a
construction permit:
a) The authority competent to
issue construction permit (issuing authority) shall examine and assess the
received application, and issue the construction permit according to the
procedures set out in Article 102 of the 2014 Law on Construction, as amended
in clause 36 Article 1 of the Law No. 62/2020/QH14;
b) Within 05 days from its receipt
of an adequate and valid application, if the information included in the
application is considered inadequate or inconsistent, the issuing authority
shall send written request to regulatory authorities in charge of sectors
relevant to the construction work for their opinions;
c) The issuing authority shall
certify the design drawings accompanied with the construction permit issued to
the employer using its electronic signature or seal as provided for in Form No.
12 in Appendix II enclosed herewith.
2. The issuing authority shall
verify the fulfillment of eligibility requirements for the construction permit
laid down in Article 50 hereof. Examination of the contents which have been
appraised, appraised and approved, or verified by other authorities or
organizations in accordance with regulations of law shall be subject to the
following provisions:
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b) Examine the conformity of the
drawings of the construction design included in the application for
construction permit with those appraised and certified by competent authorities
to have meet fire protection requirements in respect of the construction works
subject to appraisal and approval of fulfillment of fire protection
requirements;
c) Examine the adequacy and
legitimacy of the report on verification of the work whose construction design
is subject to verification as prescribed herein.
Article 53. Lawful land
documents required in application for construction permit
The lawful land document used for
proving the conformity of the purpose of land use and building ownership as the
basis for issuance of a construction permit as prescribed herein is any of the
following documents:
1. LURs certificate issued in
accordance with regulations of the land law over periods of time.
2. Certificate of LURs and
ownership of property on land issued in accordance with regulations of the land
law over periods of time.
3. Certificate of house ownership
and rights to use residential land issued in accordance with regulations of the
land law and the housing law over periods of time.
4. Certificate of house ownership;
certificate of ownership of construction works issued in accordance with
regulations of the land law, the housing law and the construction law over
periods of time.
5. Documents proving the
applicant’s eligibility for a certificate of LURs, ownership of house and other
property on land which is yet to be issued, including: the documents specified
in Article 137 of the 2024 Land Law; other documents proving the applicant’s
eligibility for this certificate as prescribed in regulations of the land law.
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7. Report on current use of land
in case the land area is currently being used by a religious establishment or
organization without possessing a certificate of LURs, ownership of house and
other property on land, and the People’s Committee of province where the land
area is located has carried out a physical inspection of such actual use of
land and taken further actions in accordance with provisions of Articles 142
and 145 of the 2024 Land Law.
8. Documents on ranking of
historical-cultural monument or scenic beauty or list of inventoried monuments
as prescribed in the law on cultural heritage, issued by the provincial-level
People’s Committee in case a construction permit is issued to serve the
construction, repair and refurbishment or relocation of a historical-cultural
monument or scenic beauty for which a certificate of LURs, ownership of house
and other property on land is yet to be issued as prescribed.
9. Written approval of the
building site given by the district-level People’s Committee in respect of a
billboard, telecommunication station or antenna construction work or another
similar work as prescribed by law in an area of land which is not intended to
serve the construction of this type of work and cannot be repurposed.
10. Lawful land documents of the
forest owner and the forest environment lease signed by and between the forest
owner and organization or individual executing a forest ecotourism and
recreational area project in accordance with regulations of law on forestry.
11. LURs certificate or land
allocation decision or land lease decision which is issued by a competent
authority and in which the main land use purpose is also indicated in case the
construction work is located in a land area used for mixed purposes as
prescribed in Article 218 of the 2024 Land Law.
12. Land lease signed by and
between the employer and the manager or user of the traffic work or written
approval given by a competent transport authority in respect of a work located
in the land area dedicated to traffic works as prescribed by law.
13. A document issued by the
competent authority that issued the LURs certificate (at the request of the
authority competent to issue the construction permit) to certify the land areas
by type in case the land user possesses any of the lawful land documents
specified in clauses 1, 2, 3, 4 and 5 of this Article in which the specific
land areas by type are not available to form the basis for issuance of the
construction permit.
14. In case the employer leases
land or the work or its part from the land user or the work owner, in addition
to one of the abovementioned documents, the applicant for construction permit
shall provide a lawful land lease or lease of the work or its part.
15. Other lawful documents as
prescribed in the land law.
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1. Rules for following procedures
for issuance of construction permit shall comply with Article 7 hereof.
2. Documents, instruments and
design drawings included in an application for construction permit are
originals or certified true copies or electronic copies of equivalent legal
validity as prescribed.
3. Drawings of the construction
design included in an application for construction permit must comply with
regulations on specifications of the construction design dossier set out in
Article 37 hereof.
4. When submitting application
documents in the form of electronic copies, the employer shall only submit 01
application package comprising adequate documents as required in Articles 55,
56, 57, 58, 59 and 60 hereof.
Article 55. Application for
construction permit in case of new construction
An application for construction
permit shall be prepared according to provisions of Article 95 of the 2014 Law
on Construction, as amended in the Law No. 62/2020/QH14. To be specific:
1. An application for construction
permit for a non-linear construction work shall include:
a) An application form which is
made using the Form No. 01 in Appendix II enclosed herewith;
b) One of the lawful land
documents required in application for construction permit as prescribed in
Article 53 hereof;
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2. An application for construction
permit for a linear construction work shall include:
a) An application form which is
made using the Form No. 01 in Appendix II enclosed herewith;
b) Any of the lawful land
documents required in application for construction permit as prescribed in
Article 53 hereof; or written approval given by a competent authority of the
location and routing method or decision on land expropriation issued by a
competent authority as prescribed in the land law;
c) The documents prescribed in
point c Clause 1 of this Article.
d) 02 sets of construction design
drawings included in the construction design following the fundamental design
(construction drawing design, for a project which only requires
technical-economic report) which have been approved or duly sealed in
accordance with regulations of law on construction, including: diagram of the
route of the work; overall ground drawing or topographical plan of the work;
primary elevations and sections of the route of the work; foundation plans and
sections; drawings showing main structural solutions of the work; site plan of
connection with technical infrastructure systems outside the work or project.
3. Regarding religious or belief
works:
a) An application for construction
permit for a religious work shall include the documents specified in clause 1
of this Article and the written approval of the necessity of construction and
scale of the work given by a specialized agency in charge of religious and
belief affairs affiliated to the provincial-level People’s Committee;
b) An application for construction
permit for a belief work shall include the documents specified in clause 1,
clause 2 and point a clause 3 Article 58 of this Decree, and the document
indicating opinions given by a specialized agency in charge of religious and
belief affairs affiliated to the provincial-level People’s Committee (if
required by the law on religion and folk beliefs); report on verification of
the construction design of the belief work that significantly affecting the
community safety and interests;
c) In addition to the documents
specified in point a or b of this clause, an application for construction
permit for a religious or belief work belonging to a project on protection,
renovation and restoration of historical-cultural monument or scenic beauty
shall also include a written approval of the necessity of construction and
scale of the work given by a competent cultural management authority in
accordance with regulations of law on cultural heritage.
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An application for construction
permit shall include the documents specified in clause 1 of this Article and
the written approval of the necessity of construction and scale of the work
given by a competent cultural management authority.
5. Regarding advertising works:
Regulations of law on
advertisement shall apply.
6. Regarding the works of
diplomatic missions or international organizations:
Applications for construction
permits for the works in Vietnam of diplomatic missions, international
organizations or foreign organizations shall comply with corresponding
provisions in clause 1 or clause 2 of this Article and provisions of the
convention or agreement signed with the Government of Vietnam.
Article 56. Application for
construction permit by stages
1. An application for construction
permit for a non-linear construction work shall include:
a) An application form which is
made using the Form No. 01 in Appendix II enclosed herewith;
b) One of the lawful land
documents required in application for construction permit as prescribed in
Article 51 hereof;
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d) 02 sets of the construction
design drawings included in the construction design following the fundamental
design (construction drawing design, for a project which only requires
technical-economic report) which have been approved in accordance with
regulations of law on construction corresponding to the stage for which the
construction permit is applied for as prescribed in point d clause 1 Article 55
hereof.
2. An application for construction
permit for a linear construction work shall include:
a) An application form which is
made using the Form No. 01 in Appendix II enclosed herewith;
b) Any of the lawful land
documents required in application for construction permit as prescribed in
Article 53 hereof; or written approval given by a competent authority of the
location and routing method; decision on land expropriation issued by a
competent authority in respect of the land area used for construction by stage
or the entire project as prescribed in the land law;
c) The documents prescribed in
point c Clause 1 Article 55 hereof;
d) 02 sets of the construction
design drawings included in the construction design following the fundamental
design (construction drawing design, for a project which only requires technical-economic
report) which have been approved in accordance with regulations of law on
construction corresponding to the stage for which the construction permit is
applied for as prescribed in point d clause 2 Article 55 hereof.
Article 57. Application for construction permit
for all works of a project or group of works of a project
1. An application form which is made using the Form
No. 01 in Appendix II enclosed herewith.
2. One of the lawful land documents required in
application for construction permit as prescribed in Article 53 hereof of the
group of works or the entire project.
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4. 02 sets of the construction design drawings
included in the construction design following the fundamental design which have
been approved in accordance with regulations of law on construction for each
work in a group of works or all works of an approved project, including:
a) The construction design dossier as prescribed in
point d clause 1 Article 55 hereof for a non-linear construction work;
b) The construction design dossier as prescribed in
point d clause 2 Article 55 hereof for a linear construction work.
Article 58. Application for construction permit
for detached house
1. An application form which is made using the Form
No. 01 in Appendix II enclosed herewith.
2. One of the lawful land documents required in
application for construction permit as prescribed in Article 53 hereof.
3. The construction design dossier:
a) For a detached house of a household or
individual: 02 sets of the construction design drawings; results of handling of
administrative procedures as prescribed in law on fire protection; report on
verification of the construction design if required by the law on construction,
including: site plan locating the work on the land plot accompanied with the
work location diagram; floor plans, primary elevations and sections of the
work; foundation plans and sections accompanied with the diagram of connection
with technical infrastructure systems outside the work, including water supply
and drainage systems, power supply systems; the written commitment to ensure
safety of adjacent works (if any);
b) For a detached house of an organization: 02 sets
of the construction design drawings included in the construction design
following the fundamental design (construction drawing design, for a project
which only requires technical-economic report) which have been approved in
accordance with regulations of law on construction, accompanied with results of
handling of administrative procedures as prescribed in law on fire protection;
report on verification of the construction design if required by the law on
construction, including: site plan locating the work on the land plot
accompanied with the work location diagram; floor plans, primary elevations and
sections of the work; foundation plans and sections accompanied with the
diagram of connection with technical infrastructure systems outside the work,
including water supply and drainage systems, power supply systems; the written
commitment to ensure safety of adjacent works (if any);
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Article 59. Application for construction permit
in case of repair and refurbishment of works
An application for construction permit in case of
repair and refurbishment of a work shall be prepared according to provisions of
Article 96 of the 2014 Law on Construction, as amended in clause 35 Article 1
of the Law No. 62/2020/QH14. To be specific:
1. An application form for a permit for repair and
refurbishment of a detached house or work which is made using Form No. 01 in
Appendix II enclosed herewith.
2. One of the lawful land documents required in
application for construction permit as prescribed in Article 53 hereof.
3. Existing-condition drawings of parts of the work
to be repaired or refurbished which have been approved as prescribed and have
the scales corresponding to those of drawings included in the application for
repair and refurbishment permit and photos (of 10 x 15 cm size) of existing
conditions of the work and adjacent works before repair and refurbishment.
4. The repair and refurbishment design dossier
corresponding to each type of work as prescribed in Article 55 or Article 58
hereof.
5. A written approval of the necessity of
construction and scale of the work given by a competent cultural management
authority, for ranked historical-cultural monument or scenic beauty works.
Article 60. Application for relocation permit
An application for construction permit in case of
repair and refurbishment of a work shall be prepared according to provisions of
Article 97 of the 2014 Law on Construction. To be specific:
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2. The documents specified in clauses 2, 3, 4 and 5
Article 97 of the 2014 Law on Construction.
Article 61. Definite-term construction permit
1. Pursuant to provisions of Article 94 of the 2014
Law on Construction, as amended in clause 33 Article 1 of the Law No.
62/2020/QH14 and based on the action plan for implementation of the
construction planning, location of the work, each provincial-level People’s
Committee shall consider promulgating specific provisions on the scale and
height of the new construction work and the work for which a repair and
refurbishment permit is applied; and the service life of the work as the basis
for issuance of definite-term construction permits.
2. An application for a definite-term construction
permit shall be prepared according to the same regulations on application for
construction permit for each type of work or detached house prescribed in
Article 55, 58 and 59 hereof. The title of the application form shall be
changed into “Đơn đề nghị cấp giấy phép xây dựng có thời hạn” (“Application
form for definite-term construction permit”).
Article 62. Modification and renewal of
construction permit
1. Modification and renewal of construction permits
shall comply with provisions of Articles 98 and 99 of the 2014 Law on
Construction. The employer is not required to follow procedures for
modification of construction permit in case of adjustment of the construction
design which results in change in neither of the contents specified in clause 1
Article 98 of the 2014 Law on Construction.
2. An application for modification of construction
permit shall include:
a) An application form which is made using the Form
No. 02 in Appendix II enclosed herewith;
b) The original of the issued construction permit
accompanied with the drawing dossier;
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d) Verification report and written approval of the
adjusted construction design (except detached houses) of the employer, which
must include the contents about load-bearing structures, fire and explosion
prevention and control, and environmental protection, and be accompanied with
the documents specified in point c clause 1 Article 55 hereof corresponding to
the adjusted item of the construction design;
dd) One of the lawful land documents required in
application for construction permit as prescribed in Article 53 hereof in case
the adjustment of the design involves change in area of land used or land use
functions of the work for which the construction permit is applied.
3. An application for renewal of construction
permit shall include:
a) An application form which is made using the Form
No. 02 in Appendix II enclosed herewith;
b) The original of the issued construction permit.
4. Approval of modification or renewal of the
construction permit shall be specified directly on the original of the issued
construction permit or issued as an appendix to the issued construction permit
using the corresponding form in Appendix II enclosed herewith.
5. In case the employer transfers a part of or the
entire project, or makes capital contribution using LURs or property on land,
or follows split-up, split-off, merger or consolidation procedures after a
construction permit for the work has been issued, the transferee/capital
receiving-entity or the entity established from the split-up, split-off, merger
or consolidation shall inherit the issued construction permit without following
procedures for modifying it.
Article 63. Re-issuance of construction permit
1. A construction permit shall be re-issued in the
cases specified in Article 100 of the 2014 Law on Construction.
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Article 64. Revocation and invalidation of
construction permit
1. A construction permit shall be revoked in the
cases specified in clause 1 Article 101 of the 2014 Law on Construction.
2. Procedures for revocation and invalidation of
construction permit:
a) Within 10 days from the date of receipt of the
inspection conclusion or report which is given by a construction authority and
includes determination that the construction permit falls into one of the cases
specified in clause 1 of this Article, the authority competent to revoke
construction permit shall issue a decision on revocation of construction
permit;
b) The authority competent to revoke construction
permit shall send the decision on revocation of construction permit to the
organization/individual whose construction permit is revoked and post it on its
website; and send the information on such revocation to the People’s Committee
of commune-level administrative division where the construction work is located
to make it publicly available at the premises of the commune-level People’s
Committee within 05 working from the issue 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;
d) If the organization or individual whose
construction license is revoked fails to return the original of such permit as
prescribed, the authority competent to revoke construction permit shall issue a
decision to invalidate such construction permit according to provisions of
clause 2 Article 101 of the 2014 Law on Construction and give notification
thereof to the employer and the People's Committee of commune-level
administrative division where the construction work is located. The decision to
invalidate construction permit must be posted on the website of the authority
that revokes such permit and on the website of the relevant provincial-level
Department of Construction.
3. The organization or individual whose
construction permit is revoked may apply for construction permit according to
provisions of this Decree after their issued construction permit has been
returned to the issuing authority or invalidated and they have fulfilled
responsibilities and obligations in accordance with the law.
Article 65. Exemption from construction permits
for passive telecommunications infrastructure works
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1. Works on construction of antenna masts of an
antenna mast system outside urban areas which are conformable with the planning
on construction of passive telecommunications infrastructure systems approved
by a competent authority or given approval of the route direction by a
competent authority.
2. Works on construction of A1-type (bulky) antenna
masts as prescribed in the law on telecommunications in urban areas which are
conformable with the planning on construction of passive telecommunications
infrastructure systems approved by a competent authority or given approval of
the route direction by a competent authority.
Article 66. Announcement of construction permit
1. Issuing authorities shall publish the contents
of construction permits that they issued on their websites.
2. Employers shall make contents of their issued
construction permits publicly available at the locations of the works during
the execution of such works to serve monitoring and supervision by relevant
organizations and individuals in accordance with regulations of relevant laws.
Article 67. Construction order management
1. Construction order management must be carried
out from the receipt of the notice of commencement date or from the
commencement of execution of the works until the works are put under acceptance
testing and transferred for being put into operation in order to detect,
prevent and take actions against violations in a timely manner.
2. Details of construction order management:
a) Regarding the works which are granted
construction permit: Construction order management shall be carried out
according to contents of the issued construction permit and regulations of
relevant laws;
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3. When a violation is detected, the authority in
charge of managing construction order must order the suspension of
construction, consider taking actions against the violation within its
competence or request a competent authority to do so as prescribed.
Chapter V
SPECIFIC CONSTRUCTION WORKS AND EXECUTION OF OVERSEAS
CONSTRUCTION INVESTMENT PROJECTS
Section 1. SPECIFIC CONSTRUCTION WORKS
Article 68. Management of investment in and
construction of state-secret works
1. State-secret works are determined according to
regulations of law on protection of state secrets and relevant laws.
2. Execution of the construction investment
project, including the pre-construction, construction and post-construction
stages, shall be organized in accordance with regulations of law on protection
of state secrets, law on construction investment and specified in the decision
on project approval or investment decision.
3. Relevant authorities, organizations and
individuals shall manage applications, documents and relevant information made
or obtained during the investment in and construction of the state-secret works
in accordance with regulations of law on the protection of state secrets.
Article 69. Management of investment in and
construction of urgent works
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1. Heads of central authorities and Chairpersons of
People’s Committees at all levels shall have the power to decide the
construction of urgent works under their jurisdiction by giving orders for
construction of urgent works.
2. An order for construction of urgent work shall
be made in writing and include: the purposes and location of construction,
person assigned to take charge of management and construction of the work,
construction time, estimated costs and resources for construction and other
relevant requirements.
3. The person assigned to manage and execute the
construction of the work may, at his/her discretion, make decisions on
activities performed during the construction investment process, including:
assign organizations/individuals with appropriate competency and experience to
carry out surveys, production and verification of the construction design, if
required, execution of construction tasks and other tasks necessary for the
construction of the urgent work; make decisions on procedures for carrying out
surveys, design and execution of the work; make decisions on supervision of
construction and acceptance testing to meet the requirements of the order for
construction of the urgent work.
4. Regarding the works subject to the scope of the
law on bidding, within 15 days from the day on which the person in charge of
managing the construction of the urgent work assigns qualified organizations/individuals
to perform the tasks specified in clause 3 of this Article, relevant parties
shall complete these procedures:
a) Submit, approve direct contracting results;
publish direct contracting results on Vietnam National E-Procurement System
(VNEPS);
b) Sign contract with the bidder selected through
direct contracting procedures which includes the following contents:
requirements regarding the scope and tasks to be performed, performance
duration, required quality, corresponding value and other contents as
prescribed in law on construction contracts.
5. Upon completion of construction of an urgent
work, the person assigned to take charge of construction of the urgent work is
responsible for preparing and completing the as-built documentation, including:
an order for construction of urgent work; construction survey documents (if
any); typical design or construction drawing design (if any); construction site
diaries and photos of the construction process; commissioning or acceptance
testing records; results of testing, monitoring and measurement (if any);
documents on management of construction materials, products, components and
equipment used for the construction; as-built drawings; appendix of defects to
be repaired or remedied (if any) after the construction work is put into
operation; record of commissioning or acceptance testing of the completed work
made between the employer, contractors and relevant regulatory authorities;
grounds or bases for determination of volume of works completed and other
documents, materials or instruments related to investment in and construction
of the urgent work.
6. Regarding urgent works using public investment
capital, management, payment and final statement of construction investment
costs shall comply with relevant regulations of law on management, payment and
final statement of projects using public investment capital.
Section 2. EXECUTION OF OVERSEAS CONSTRUCTION
INVESTMENT PROJECTS
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1. Formulation, appraisal of and decision on
investment policies for projects using public investment capital in foreign
countries shall comply with regulations of law on public investment. Approval
of investment policies for or grant of decisions on outward investment to other
projects shall comply with regulations of law on investment.
2. Decisions on investment in project shall be made
in accordance with regulations of law on public investment, for projects using
public investment capital, or regulations of law on management and use of state
capital invested in production and business of enterprises, for projects of
enterprises using state investment funds.
3. Construction activities of overseas missions of
the Socialist Republic of Vietnam shall be performed in accordance with
regulations of law on overseas missions of the Socialist Republic of Vietnam
and relevant laws.
4. Execution of a construction investment project
for which the investment policy has been decided or approved by a competent
authority shall comply with international conventions to which the Socialist
Republic of Vietnam is a member or international agreement entered into between
Vietnam and a foreign country, domestic legislation of the country in which
construction investment work is to be executed and the following specific
provisions:
a) Formulation and appraisal of feasibility study
reports for projects using public investment capital or non-public investment
state funds shall comply with the provisions of Article 71 hereof;
b) Formulation, appraisal and approval of the
construction design steps after a decision on investment in a project has been
issued shall be subject to the decision issued by the investment decision maker
in conformity with the domestic legislation of the country in which
construction investment work is to be executed and conditions for execution of
the project;
c) Contents about national technical regulations
and standards; construction plannings; requirements regarding natural and
social conditions, cultural and environmental characteristics; liability to
purchase compulsory insurance; construction permit; competency requirements to
be satisfied for performing construction activities; construction contract,
execution and supervision of construction, acceptance testing or commissioning,
transfer of completed works and other specific contents or requirements shall
firstly comply with the domestic legislation of the country in which
construction investment work is executed, unless otherwise prescribed in the relevant
international convention or agreement;
d) Upon determination of total investment of the
work and preparation of the construction cost estimate, domestic regulations on
management of construction costs of the country in which construction
investment work is executed shall be preferred.
5. Final statement of capital invested in overseas
construction investment projects using public investment capital shall comply
with relevant regulations of law on management, payment and final statement of
overseas construction investment projects using public investment capital and
relevant laws.
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1. Employers shall consider formulating feasibility
study reports, technical-economic reports or documents of equivalent validity
as prescribed by the domestic legislation of the host countries (hereinafter
referred to as “feasibility study reports”) and submit them to specialized
agencies affiliated to investment decision makers for appraisal as the basis
for investment decision makers to consider granting project approval or issuing
construction investment decision.
2. A feasibility study report shall include the fundamental
design or other construction designs produced according to international
practices and in conformity with the formulation of feasibility study report.
Explanatory notes to the feasibility study report shall, inter alia, include:
a) Necessity and investment policy, construction
investment objectives;
b) Analysis of natural conditions, selection of
construction site, area of land used, construction investment scale and form;
c) Conformity with construction planning or other
planning as prescribed by the domestic legislation of the host country;
d) Expected project execution progress;
dd) Determination of total investment, structure of
capital sources;
e) Project execution solutions, identification of
the employer, analysis and selection of the form of project management and
execution, and socio-economic efficiency analysis;
g) Other contents, depending on specific
characteristics of each project and subject to the domestic legislation of the
host country.
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4. On the basis of the verification report, the
specialized agency affiliated to the investment decision maker shall carry out
appraisal of the feasibility study report and may get opinions from the
specialized construction agency where necessary. The specialized construction
agency whose opinions are to be obtained is the one that is competent to carry
out appraisal of projects of a scale equivalent to that of the subject project
as prescribed herein.
5. Contents of appraisal of a feasibility study
report include:
a) Compliance by the appraisal application with
regulations of law;
b) Conformity of the feasibility study report with
the investment policy approved or accepted by a competent authority;
c) Examination of the verification report in
respect of the conformity of the construction design used for formulation of
the feasibility study report with the construction planning or other planning
as prescribed by the domestic legislation of the host country, and assurance of
construction safety, fire protection and environmental protection as prescribed
in relevant laws;
d) Factors constituting the feasibility of the
project, including: selection of construction location, scale of the project,
identification of employer, and form of project management;
dd) Factors constituting the efficiency of the
project, including: determination of total investment, capacity to raise funds
according to the project’s schedule, financial efficiency, socio-economic
efficiency;
e) Other contents as required by the investment
decision maker (if any).
Article 72. Acceptance testing
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Chapter VI
COMPETENCY REQUIREMENTS FOR PERFORMING CONSTRUCTION
ACTIVITIES
Section 1. COMPETENCY REQUIREMENTS TO BE
SATISFIED BY INDIVIDUALS PERFORMING CONSTRUCTION ACTIVITIES
Article 73. Construction practicing certificate
1. Construction practicing certificates
(hereinafter referred to as “practicing certificate”) shall be issued to
Vietnamese citizens, overseas Vietnamese or foreigners who legally perform
construction activities in Vietnam in order for them to hold certain positions
or run their own construction business as prescribed in clause 3 Article 148 of
the 2014 Law on Construction, as amended in clause 53 Article 1 of the Law No.
62/2020/QH14.
Consultancy on architecture and fire protection
shall be provided in accordance with regulations of law on architecture and
fire protection.
2. If any foreigner or overseas Vietnamese who
holds a practicing competency license issued by a foreign authority or
organization practices construction in Vietnam for a period of less than 06
months or provides construction consulting services in Vietnam while living
abroad, his/her training qualifications and practicing competency license must
bear consular legalization and be accompanied with their Vietnamese
translations notarized or certified in accordance with regulations of the law
of Vietnam for recognition of practicing. If he/she practices construction in
Vietnam for a period of 06 months or longer, he/she is required to apply for
conversion of the practicing certificate to the authority competent to issue
practicing certificate as prescribed in Article 77 of this Decree.
3. Title holders or individuals specified in clause
3 Article 148 of the 2014 Law on Construction, as amended in clause 53 Article
1 of the Law No. 62/2020/QH14 are not required to obtain practicing
certificates as prescribed herein when performing the following construction
activities:
a) Production and/or verification of preliminary
design included in the pre-feasibility study report;
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c) Production and/or verification of design, and
supervision of finishing activities of a construction work such as plastering,
tiling, painting, installing doors and windows, and performing other similar
tasks without affecting the load-bearing structures of the work; filling or
sealing road cracks; supervision of execution of furniture and interior works;
d) Construction of detached houses as prescribed in
point b clause 7 Article 79 of the 2014 Law on Construction; greenery parks;
public lighting works; telecommunications cable lines; projects which only
comprise the works mentioned in this point.
4. An individual who does not hold a practicing
certificate may only perform construction activities in certain fields
appropriate to his/her training major in accordance with provisions of the
Labour Code, and shall not hold any title or position that requires a
practicing certificate.
5. A new practicing certificate is valid for up to
10 years. The validity of a foreigner’s practicing certificate shall be
determined according to the period of validity specified in his/her work permit
or temporary resident card issued by a competent authority but shall not exceed
10 years.
In case of re-issuance of a practicing certificate
as prescribed in point b clause 1 Article 75, the validity period of the
re-issued practicing certificate shall be specified according to that of the
former one.
6. Format and minimum information of a practicing
certificate are provided for in Form No. 05 in Appendix IV enclosed herewith.
7. Practicing certificates are managed using
practicing certificate numbers, including 02 groups of symbols joined together
by a hyphen (-) as follows:
a) First group includes 03 characters representing
the certificate’s place of issue as prescribed in Appendix IX enclosed
herewith;
b) Second group indicates the practicing
certificate code.
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9. The Ministry of Construction shall consistently
manage the issuance and revocation of practicing certificates; manage
practicing certificate codes; publish the list of individuals issued with
practicing certificates on its website.
Article 74. Fields and scope of practicing
certificate
1. An individual is required to meet competency
requirements laid down herein when holding a specific position or run his/her
own business in the following fields:
a) Construction survey, including: topographical
survey; geological survey;
b) Construction planning design;
c) Construction design, including: architectural
design (as prescribed in the Law on architecture); construction design;
mechanical and electrical design for the works;
d) Supervision of construction of the works,
including: supervision of construction process; supervision of equipment
installation;
dd) Construction valuation;
e) Management of construction investment projects.
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Article 75. Issuance, revocation of practicing
certificate
1. A practicing certificate shall be issued to an
individual in one of the following cases:
a) Issuance of new practicing certificate,
including: initial issuance; modification of class of the certificate; issuance
upon expiry of the certificate or re-issuance of unexpired certificate in the
case other than that in point b clause 1 of this Article;
b) Re-issuance of practicing certificate,
including: a practicing certificate is still unexpired but has been lost or
otherwise damaged or contains inaccurate information or requires modification
of personal information thereon or in the case prescribed in clause 4 of this
Article;
c) Issuance for conversion of practicing
certificates of individuals in the cases prescribed in clause 2 Article 73
hereof;
d) In case the system for issuance of practicing
competency licenses of the host country is not available, foreigners may follow
procedures for issuance of new practicing certificates according to provisions
of point a clause 1 of this Article;
dd) If a foreigner who has been issued with a
practicing certificate as prescribed in point a clause 1 of this Article
continues performing construction activities in Vietnam, he/she may follow
procedures for conversion of practicing certificate as prescribed in point c
clause 1 of this Article upon successfully completion of procedures for renewal
of his/her work permit or temporary resident card.
2. A practicing certificate may be revoked in one
of the following cases:
a) The practicing certificate holder no longer
satisfies the requirements laid down in clause 1 Article 79 hereof;
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c) The practicing certificate holder lends (with or
without fees charged) or allows other to use his/her practicing certificate;
d) Contents of the practicing certificate are
altered or erased;
dd) The practicing certificate contains
misstatements at the fault of the issuing authority;
e) The practicing certificate has been issued ultra
vires;
g) The practicing certificate has been issued to an
individual who fails to meet competency requirements as prescribed;
h) The practicing certificate involves in a
violation and thus is revoked at the request of a competent authority.
3. The individual whose practicing certificate is
revoked may apply for issuance of a new practicing certificate following the
procedures in point a clause 2 Article 76 hereof after:
a) 12 months from the issue date of the decision on
revocation of practicing certificate in the cases prescribed in points b, c and
d clause 2 of this Article;
b) the period of time specified in the decision on
administrative penalty imposition under which the practicing certificate or operation
of the violating entity is suspended as prescribed in point h clause 2 of this
Article.
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5. An individual whose practicing certificate is
revoked in the case prescribed in point dd clause 2 of this Article may be
re-issued with a new practicing certificate following the procedures in point b
clause 2 Article 76 hereof.
Article 76. Procedures for issuance, revocation
of practicing certificate
1. An application for practicing certificate as
prescribed in clauses 1, 2, 3 Article 88 hereof shall be submitted to the
authority competent to issue practicing certificate (hereinafter referred to as
“issuing authority”) in any of the forms specified in clause 2 Article 7
hereof.
2. From its receipt of an adequate and valid
application as prescribed in Article 88 hereof, the issuing authority shall
consider issuing the practicing certificate within:
a) 10 days from the date of receipt of “Passed”
examination results, in case of issuance of a new practicing certificate as
prescribed in point a or d clause 1 Article 75 hereof;
b) 05 working days, in case of re-issuance of
practicing certificate as prescribed in point b clause 1 Article 75 hereof;
c) 25 days, in case of conversion of practicing
certificate as prescribed in point c clause 1 Article 75 hereof.
3. Practicing competency in construction of an
individual shall be assessed according to his/her satisfaction of general
requirements and professional experience requirements laid down herein.
4. The issuing authority shall decide to issue a
practicing certificate after obtaining assessment results from the Council in
charge of processing applications for practicing certificate in case of
issuance of new practicing certificate or conversion thereof. Assessment
results of an application for a new practicing certificate shall be given
within the time limit prescribed in clause 3 Article 89 hereof.
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6. In case of revocation of practicing certificate:
a) Within 10 days from its receipt of the
inspection conclusion indicating the request for revocation of practicing
certificate from a competent authority or from the date on which it is
discovered or there are grounds for determining that the practicing certificate
falls into one of the revocation cases prescribed in clause 2 Article 75
hereof, the authority competent to revoke practicing certificate shall issue a
decision to revoke and pronounce invalidation of the practicing certificate. If
the request for revocation of practicing certificate is refused, the requester
shall be provided with written explanations for such refusal;
b) The authority competent to revoke practicing
certificate shall send the revocation decision to the individual whose
practicing certificate is revoked and publish it on its website; integrate it
into the website of the Ministry of Construction within 05 working days from
its issue date;
c) The individual whose practicing certificate is
revoked shall return the original of the practicing certificate to the
authority that issued the revocation decision within 05 working days from
his/her receipt of this decision.
Article 77. Authority to organize examination
for, issue and revoke practicing certificate
1. Authority to organize examination for and issue
practicing certificate:
a) Authority to organize examination for and issue
class-I practicing certificates as prescribed in clause 3 Article 149 of the
2014 Law on Construction is delegated to provincial-level People's Committees.
Provincial-level People's Committees may delegate provincial Departments of
Construction to do these tasks in accordance with regulations of the Law on
local government organization;
b) Provincial Departments of Construction shall
consider issuing class-II, class-III and class-I practicing certificates as
delegated by provincial-level People's Committees;
c) Socio-professional organizations that are
recognized to be eligible to issue practicing certificates as prescribed in
Article 92 hereof shall have the power to organize examination for and issue
class-II and class-III practicing certificates to individuals that are their
members and members of their members that have been admitted at least 03 months
before the time of application for practicing certificate.
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a) The authority that is competent to issue
practicing certificate is also the one competent to revoke the practicing
certificate that it issued;
b) If the issuing authority fails to revoke the
practicing certificate that is found to have been issued against regulations of
law, the Ministry of Construction of Vietnam shall directly issue decision to
revoke it.
3. The authority competent to issue practicing
certificate as prescribed in clause 1 of this Article shall consider re-issuing
the practicing certificate that it previously issued.
4. The authority competent to issue practicing
certificate shall itself organize or assign its affiliated unit (including its
affiliated public service unit) to organize examinations for applicants for
practicing certificate.
Article 78. Rights and obligations of applicants
for practicing certificate
1. An applicant for practicing certificate shall be
entitled to the following rights:
a) Request provision of information about the
issuance of practicing certificate;
b) Perform construction activities nationwide
according to the contents specified in his/her practicing certificate;
c) File complaints or denunciations of violations
against regulations of law on issuance of practicing certificates.
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a) Provide truthful information in the application
for practicing certificate as prescribed herein; assume legal responsibility
for the information provided in the application; provide information at the
request of competent authorities;
b) Practice according to the contents specified in
the issued practicing certificate, comply with regulations of law on
construction and other relevant laws;
c) Do not lend (with or without fees charged) or
allow others to use his/her practicing certificate;
d) Do not alter or erase any contents of the
practicing certificate;
dd) Comply with the code of professional ethics;
e) Present the practicing certificate at the
request of competent authorities and comply with their inspection requirements.
Article 79. General eligibility requirements for
practicing certificate
In order to be issued with a practicing
certificate, an individual is required to meet the following general
eligibility requirements:
1. Have full capacity for civil acts as prescribed
by law; a foreigner or overseas Vietnamese must also have residence-related
document or work permit in Vietnam.
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a) An applicant for class-I practicing certificate
must have a bachelor’s degree in appropriate major and at least 07 years'
working experience relevant to the fields of the practicing certificate applied
for;
b) An applicant for class-II practicing certificate
must have a bachelor’s degree in appropriate major and at least 04 years'
working experience relevant to the fields of the practicing certificate applied
for;
c) An applicant for class-III practicing
certificate must have a qualification in appropriate major and at least 02
years' working experience, if the applicant holds a bachelor’s degree, or at
least 03 years' working experience, if the applicant holds an associate degree,
relevant to the fields of the practicing certificate applied for.
3. Have professional experience appropriate to the
class and field of the practicing certificate applied for within the past 10
years prior to the time of application for practicing certificate. If an
individual has appropriate professional experience but more than 10 years have
elapsed before the time of application, he/she may applied for a practicing
certificate of a lower class to the competent authority as prescribed in
Article 77 hereof.
4. Have “passed” examination result appropriate to
the class and field of the practicing certificate applied for, in case of
application for new practicing certificate as prescribed in point a or d clause
1 Article 75 hereof.
5. An applicant’s working experience as prescribed
in clause 2 of this Article shall be counted from the time when he/she performs
relevant construction activities specified in the application for
issuance/conversion of practicing certificate or the employment contract or
certification given by his/her employer or social insurance-related document or
other similar documents.
Article 80. Professional experience requirements
to be satisfied when applying for construction survey practicing certificate
An individual may be issued with a construction
survey practicing certificate if he/she meets the general eligibility
requirements laid down in Article 79 hereof and the professional experience
requirements corresponding to each class of the practicing certificate as
follows:
1. Class I:
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b) Regarding geological survey: The applicant has
worked as a president in charge of construction survey in the field specified
in the submitted application for at least 01 work of grade I or higher, or 02
grade-II works.
2. Class II:
a) Regarding topographical survey: The applicant
has worked as a president in charge of construction survey in the field
specified in the submitted application for at least 01 group-B project or 02
group-C projects or 01 grade-II work, or 02 grade-III works;
b) Regarding geological survey: The applicant has
worked as a president in charge of construction survey in the field specified
in the submitted application for at least 01 grade-II work or 02 grade-III
works.
3. Class III: The applicant has engaged in
construction survey in the field specified in the submitted application for 01
project of group C or higher, or 01 work of grade III or higher, or 02 grade-IV
works.
Article 81. Professional experience requirements
to be satisfied when applying for practicing certificate in construction
planning design
An individual may be issued with a practicing
certificate in construction planning design if he/she meets the general
eligibility requirements laid down in Article 79 hereof and the professional
experience requirements corresponding to each class of the practicing
certificate as follows:
1. Class I: The applicant has worked as a president
or chairperson in charge of designing construction planning in his/her
professional field for 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 or district construction planning project or general
or zoning planning project) that have been approved by the provincial-level
People’s Committee.
2. Class II: The applicant has worked as a
president or chairperson in charge of designing construction planning in
his/her professional field for at least 01 construction planning project that
has been approved by the provincial-level People’s Committee or 02 construction
planning projects that have been approved by the district-level People’s
Committee.
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Article 82. Professional experience requirements
to be satisfied when applying for construction design practicing certificate
An individual may be issued with a construction
design practicing certificate if he/she meets the general eligibility
requirements laid down in Article 79 hereof and the professional experience
requirements corresponding to each class of the practicing certificate as
follows:
1. Class I: The applicant has worked as a president
or chairperson in charge of designing and/or verifying the construction design
in the field specified in the submitted application for at least 01 work of
grade I, or higher, or 02 grade-II works.
2. Class II: The applicant has worked as a
president or chairperson in charge of designing and/or verifying the
construction design in the field specified in the submitted application for at
least 01 grade-II work or 02 grade-III works.
3. Class III: The applicant has engaged in
designing and/or verification of the construction design in the field specified
in the submitted application for at least 03 work of grade III or higher, or 05
grade-IV works.
Article 83. Professional experience requirements
to be satisfied when applying for construction supervision practicing
certificate
An individual may be issued with a construction
supervision practicing certificate if he/she meets the general eligibility
requirements laid down in Article 79 hereof and the professional experience
requirements corresponding to each class of the practicing certificate as
follows:
1. Class I: The applicant has taken charge of
construction supervision tasks of a specialized or regional project management
board, or has worked as a chief supervisor or chairperson in charge of
construction design tasks in the field specified in the submitted application
for at least 01 work of grade I or higher or 02 grade-II works.
2. Class II: The applicant has taken charge of
construction supervision tasks of a specialized or regional project management
board, or has worked as a chief supervisor or chairperson in charge of
construction design tasks in the field specified in the submitted application
for at least 01 grade-II work or 02 grade-III works.
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Article 84. Tasks and professional experience
requirements to be satisfied when applying for practicing certificate in
construction valuation
1. Construction cost management tasks include:
a) Prepare and verify total investment; carry out
risk analysis and assessment of efficiency of investment in the project;
b) Determine investment capital rate; construction
norms; price of the construction work; construction price indexes;
c) Conduct quantity take-offs;
d) Determine and verify construction cost estimate;
dd) Determine package price; prices of contracts
signed to perform construction activities;
e) Carry out control of construction costs;
g) Prepare and verify payment dossier; prepare and
verify documents on final statement of construction investment capital; convert
investment capital invested in the construction work upon completion,
acceptance testing and transfer of the work for use.
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a) Class I: The applicant has taken charge of
professional tasks of a specialized or regional project management board or has
worked as a chairperson in charge of any of the construction cost management
tasks for at least 01 group-A project or 02 group-B projects or 01 work of
grade I or higher or 02 grade-II works;
b) Class II: The applicant has taken charge of
professional tasks of a specialized or regional project management board or has
worked as a chairperson in charge of any of the construction cost management
tasks for at least 01 group-B project or 02 group-C projects or 01 grade-II
work or higher or 02 grade-III works;
c) Class III: The applicant has engaged in
performance of any of construction cost management tasks for at least 01
project of group C or higher or 01 work of grade III or higher or 02 grade-IV
works.
Article 85. Professional experience requirements
to be satisfied when applying for practicing certificate in management of
construction investment projects
An individual may be issued with a practicing
certificate in management of construction investment projects if he/she meets
the general eligibility requirements laid down in Article 79 hereof and the
professional experience requirements corresponding to each class of the
practicing certificate as follows:
1. Class I: The applicant has worked as a project
manager for at least 01 group-A project or 02 group-B projects.
2. Class II: The applicant has worked as a project
manager for at least 01 group-B project or 02 group-C projects.
3. Class III: The applicant has engaged in
management of construction investment projects for at least 01 project of group
C or higher.
Article 86. Professional experience requirements
to be satisfied when applying for practicing certificate for site manager
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1. Class I: The applicant is required to hold a
bachelor’s degree; have at least 07 years’ experience in performing
construction activities; have worked as a site manager in the field specified
in the submitted application for at least 01 work of grade I or higher or 02
grade-II works.
2. Class II: The applicant is required to hold a
bachelor’s degree; have at least 04 years’ experience in performing
construction activities; have worked as a site manager in the field specified
in the submitted application for at least 01 grade-II work or 02 grade-III
works.
3. Class III: The applicant is required to have at
least 02 years’ experience, if he/she holds a bachelor’s degree, or 03 years’
experience, if he/she holds an associate degree, in performing construction
activities; have engaged in performance of construction tasks in the field
specified in the submitted application for at least 01 work of grade III or
higher or 02 grade-IV works.
Article 87. Eligibility requirements for
practicing construction inspection
An individual who works as a chairperson in charge
of inspecting quality, identifying causes of damage, service life of the
construction work/its parts; or as a chairperson in charge of carrying out
inspection to indentify causes of construction incidents shall be required to
meet the same eligibility requirements as an individual holding a construction
design practicing certificate appropriate to the contents of inspection.
Article 88. Application for practicing
certificate
1. An application for practicing certificate in the
case prescribed in point a or d clause 1 Article 75 hereof includes:
a) The original (if the application is submitted in
person or by post) or the file containing the photocopy of the original (if the
application is submitted online) of the application form which is made using
Form No. 01 in Appendix IV enclosed herewith;
b) The file containing the applicant’s color photo
of 4 x 6 cm size with a white background which needs to have been taken within
the last 06 months;
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d) Practicing certificate (if any) previously
issued by a competent authority with appropriate validity and scope to prove
the applicant’s experience;
dd) Decision(s) on task assignment (or appointment)
issued by organization(s) to the applicant, or written certification of
completed tasks as declared by the applicant which is given by the employer’s
lawful representative who also takes responsibility for the truthfulness of
such certification, or a specialized construction agency’s document whose
contents are relevant to the applicant’s experience; economic contracts and
records of acceptance of tasks declared by the applicant who runs his/her own
business;
e) Residence-related document or work permit in
Vietnam, if the applicant is a foreigner or overseas Vietnamese;
g) The documents specified in points c, d, dd, e of
this clause shall be certified true copies or files containing their electronic
copies which have been certified as prescribed;
h) In case an individual has his/her right to sit
an examination preserved as prescribed in clause 8 Article 89 hereof, his/her
application for practicing certificate shall include an application form, photo
as prescribed in points a, b of this clause and notice of results of assessment
of the application for practicing certificate previously submitted.
2. An application for re-issuance of practicing
certificate in the case prescribed in point b clause 1 Article 75 hereof
includes:
a) The original (if the application is submitted in
person or by post) or the file containing the photocopy of the original (if the
application is submitted online) of the application form which is made using
Form No. 01 in Appendix IV enclosed herewith;
b) The file containing the applicant’s color photo
of 4 x 6 cm size with a white background which needs to have been taken within
the last 06 months;
c) The original of the issued practicing certificate.
If the practicing certificate has been lost or revoked by a competent authority
as prescribed in clause 4 Article 75 hereof, the applicant's commitment shall
be submitted.
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a) The original (if the application is submitted in
person or by post) or the file containing the photocopy of the original (if the
application is submitted online) of the application form for conversion of
practicing certificate which is made using Form No. 02 in Appendix IV enclosed
herewith;
b) The file containing the applicant’s color photo
of 4 x 6 cm size with a white background which needs to have been taken within
the last 06 months;
c) The qualification(s) or practicing competency
license issued by foreign training institution(s) or foreign authorities or
organizations which must bear consular legalization and be accompanied with
their Vietnamese transactions certified or notarized in accordance with
regulations of law of Vietnam;
d) Residence-related document or work permit in
Vietnam;
dd) The documents specified in points c, d of this
clause shall be certified true copies or files containing their electronic
copies which have been certified as prescribed.
4. When submitting an application for practicing
certificate, the applicant shall also pay application fee as prescribed in
Sub-section 21.3 Section III Table B in Appendix No. 01 of the 2015 Law on fees
and charges.
Article 89. Examination for issuance of
practicing certificate
1. The issuing authority shall decide whether to
organize direct or online examination; issue examination regulations which
should meet examination management, technical infrastructure and software
requirements.
2. The examination shall be conducted on a
periodical basis of every month or on ad hoc basis to meet actual demands at
the examination place, subject to decision of the issuing authority.
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4. The issuing authority shall notify the time and
place of examination, list of eligible candidates at least 05 working days
before the planned date of examination.
5. Software and technical infrastructure serving
online examination:
a) The establishment in charge of organizing online
examination shall meet requirements regarding internet connections and
connection equipment, computers, terminal devices with appropriate
configuration in order to install and operate the online examination software
system; provide space for installing equipment for monitoring candidates;
b) There are solutions for ensuring information
security, storage of electronic data and protection of personal information as
prescribed when organizing an online examination;
c) The examination software must be capable of
suspending the examination whenever a violation is found during the
examination; if the candidate proves that the violation occurs due to objective
reasons, the proctor shall make a record of the violation and allow the
candidate to re-sit the examination;
d) The software has a mechanism to ensure the
integrity and confidentiality of information before, during and after an
examination; is capable of serving an online examination during its entire
process.
6. An individual may have his/her right to sit an
examination for issuance of practicing certificate preserved for 12 months from
the date on which he/she receives a notice that he/she is eligible to sit the
examination as prescribed in clause 3 of this Article (including the case where
an applicant is eligible to sit the examination but has failed such
examination).
7. The Ministry of Construction of Vietnam shall
issue the question bank used in examinations for issuance of practicing
certificate. The examination software shall be transferred by the specialized
construction agency affiliated to the Ministry of Construction of Vietnam for
being consistently used nationwide.
Article 90. Organization of examination for
issuance of practicing certificate
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a) The place of examination must have an
examination area and a waiting area and/or area for providing examination
instructions;
b) The examination area must be large enough to
arrange at least 10 sets of table and chair and 10 computers used for the
examination;
c) Equipment used for the examination must be
connected to the Internet, and operate in a synchronous, stable and
uninterrupted during the examination;
d) Identity verification system and camera system
must have a resolution which is high enough to serve the observation of the
examination area and be capable of storing data for a minimum period of at
least 30 days from the date of the examination.
2. When sitting an examination for issuance of
practicing certificate, each candidate must pay examination fee. Such
examination fees shall be collected, transferred, managed and used in
accordance with regulations adopted by the Ministry of Construction of Vietnam.
3. An examination for issuance of practicing
certificate comprises legal knowledge (general legislation and law on
construction in each field) and professional knowledge and experience.
4. An examination question sheet is comprised of 10
questions about legal knowledge and 20 questions about professional knowledge
and experience relevant to the field specified in the submitted application.
The maximum duration of an examination is 30 minutes. The maximum score per
each question sheet is 30 points, comprising a maximum of 20 points for
professional experience and a maximum of 10 points for legal knowledge. A
candidate is considered successful if he/she gets a total score of at least 21
points of which the score for legal knowledge is at least 7 points.
5. Management of online examination:
a) The examination process shall be observed via
the camera of the candidate’s device, examination software and monitoring
equipment and screen system of the establishment in charge of organizing the
examination.
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Article 91. Council in charge of processing
applications for practicing certificate
1. The head of the issuing authority shall consider
issuing a decision on establishment of a council in charge of processing
applications for practicing certificate (hereinafter referred to as “Council”)
to carry out assessment of competency in performing construction activities as
the basis for issuance of practicing certificate in case of issuance of new
practicing certificate or conversion thereof. Assessment is carried out on the
basis of applicants’ documents on competency in performing construction
activities which are consolidated by the issuing authority’s affiliated unit
taking charge of processing applications.
2. A council that is established by a
provincial-level People’s Committee or Department of Construction is composed
of:
a) A Chairperson who is the head or deputy head of
the issuing authority;
b) A standing member who is a public official or
employee of the issuing authority;
c) Members who are public officials or employees,
and experts in the fields relevant to the field specified in the submitted
application;
d) A secretary who is a public official or employee
of the issuing authority.
3. A council that is established by a socio-professional
organization is composed of:
a) A Chairperson who is the head or deputy head of
this socio-professional organization;
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c) Members who are members of this socio-professional
organization, and experts whose expertise is relevant to the field specified in
the submitted application;
d) A secretary who is a member of this
socio-professional organization.
4. Council members shall work under the dual office
holding regime and in accordance with regulations promulgated by the council
chairperson.
5. The council’s working regulations include
working rules; structure, tasks, powers and responsibilities of the council and
each of its members; procedures for assessment of a candidate's competency in
performing construction activities; the council’s funding for covering its
operating expenses.
Article 92. Recognizing socio-professional
organizations to be eligible to issue practicing certificate
1. A socio-professional organization may be
recognized to be eligible to issue practicing certificate when meeting the
following requirements:
a) It engages in business sectors relevant to
construction activities and has a nationwide scale of operation as specified in
its establishment decision;
b) It has obtained establishment permission and
approval of its charter from a competent authority;
c) It meets the requirements laid down in clause 1
Article 90 hereof in case of direct examination; or clause 5 Article 89 and
clause 5 Article 90 hereof in case of online examination.
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a) The original (if the application is submitted in
person or by post) or the file containing the photocopy of the original (if the
application is submitted online) of the application form which is made using
Form No. 01 in Appendix V enclosed herewith;
c) Certified true copies or files containing
electronic copies, which have been certified as prescribed, of the written
permission for establishment and approval of charter of the socio-professional
organization, given by competent authorities;
c) List of material facilities used for the
examination; list of proposed members of the Council in which professional
qualification and experience of each member must be specified. The originals
(if the application is submitted in person or by post) or files containing
electronic copies, which have been certified as prescribed, of these lists shall
be submitted.
3. Procedures and power to recognize a
socio-professional organization to be eligible to issue practicing certificate:
a) The socio-professional organization shall submit
an application as prescribed in clause 2 of this Article in any of the forms
prescribed in clause 2 Article 7 hereof to the Ministry of Construction of
Vietnam;
b) Within 20 days from its receipt of an adequate
and valid application, the Ministry of Construction shall carry out an
inspection of material facilities and the contents declared as prescribed in
clause 2 of this Article, and issue a decision to recognize the
socio-professional organization to be eligible to issue practicing certificates
or give a notification that the socio-professional organization is ineligible/is
not yet eligible to issue practicing certificates. The recognition decision
shall be sent to the subject socio-professional organization and published on
the website of the Ministry of Construction within 05 working days from the
issue date of the decision.
Article 93. Suspension and revocation of
decision to recognize socio-professional organizations to be eligible to issue
practicing certificate
1. A decision to recognize the socio-professional
organization to be eligible to issue practicing certificates shall be suspended
for a corresponding period in the following cases:
a) It shall be suspended for 06 months when issuing
a practicing certificate to an individual who fails to meet competency
requirements as prescribed;
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2. A decision to recognize the socio-professional
organization to be eligible to issue practicing certificates shall be revoked
in the following cases:
a) The socio-professional organization no longer
satisfies one of the requirements laid down in clause 1 Article 92 hereof;
b) Practicing certificates have been issued to
ineligible individuals;
c) The socio-professional organization fails to
provide explanation and take actions for remedying its violation in case of
decision suspension as prescribed in clause 4 of this Article.
3. The Ministry of Construction shall suspend or
revoke the decision to recognize the socio-professional organization to be
eligible to issue practicing certificates when it is discovered that or there
are grounds to believe that the socio-professional organization falls in one of
the cases specified in clauses 1 and 2 of this Article. Consideration and
issuance of decision to suspend or revoke the decision to recognize the
socio-professional organization to be eligible to issue practicing certificates
shall be completed within 15 days from the day on which there are sufficient
grounds for such suspension or revocation. The suspension or revocation
decision shall be sent to the subject socio-professional organization and
published on the website of the Ministry of Construction.
4. The socio-professional organization that has its
decision to recognize eligibility to issue practicing certificates suspended in
the case prescribed in clause 1 of this Article shall provide explanation about
its violation and send a written notice of outcomes of remedial measures to the
Ministry of Construction for consideration and verification before re-issuing a
decision to recognize the socio-professional organization to be eligible to
issue practicing certificates.
5. The socio-professional organization that has its
decision to recognize eligibility to issue practicing certificates revoked in
the case prescribed in clause 2 of this Article may apply for recognition after
24 months and must provide written explanation and report on its remedial
measures taken and outcomes thereof.
6. The Ministry of Construction shall organize
inspection of outcomes of remedial measures taken before re-issuing a decision
to recognize the socio-professional organization to be eligible to issue
practicing certificates. Procedures for re-issuing a decision to recognize the
socio-professional organization to be eligible to issue practicing certificates
shall be followed as prescribed in clause 3 Article 92 hereof.
Section 2. COMPETENCY REQUIREMENTS TO BE
SATISFIED BY ORGANIZATIONS
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1. An organization is required to satisfy all of
competency requirements laid down herein when performing construction
activities in the following fields:
a) Construction survey;
b) Construction planning design;
c) Production and verification of construction
design;
d) Consultancy on management of construction
investment projects;
dd) Execution of construction works;
e) Consultancy on construction supervision;
g) Construction inspection;
h) Management of construction investment costs.
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3. An organization is not required to obtain a
competency certificate as prescribed herein when performing the following
tasks:
a) Production or verification of preliminary design
included in the pre-feasibility study report;
b) Provision of architectural services as
prescribed in the law on architecture;
c) Performance of project management tasks of a specialized
or regional project management board (except project management consulting
services as prescribed in clause 4 Article 25 hereof); a single-project
management board as prescribed in Article 26 hereof; or the employer that
itself organizes the project management as prescribed in Article 27 hereof;
d) Consultancy on design, verification, supervision
and execution of fire protection systems as prescribed in the law on fire
protection;
dd) Production and verification of design,
consultancy on supervision and execution of communication or telecommunications
systems of the work;
e) Production and verification of design,
consultancy on supervision and execution of installation of technological
equipment; finishing activities of a construction work such as plastering,
tiling, painting, installing doors and windows; other similar tasks without
affecting the load-bearing structures of the work; consultancy on supervision
and execution of furniture and interior works;
g) Engagement in construction of detached houses as
prescribed in point b clause 7 Article 79 of the 2014 Law on Construction;
greenery parks, public lighting works; telecommunications cable lines; projects
which only comprise the works mentioned in this point.
h) Performance of construction activities of
foreign organizations under foreign contractor licenses as prescribed in clause
2 Article 148 of the 2014 Law on Construction.
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5. The organization performing the construction
activities specified in clause 1 of this Article must be an enterprise or its
branch established under the Law on enterprises or an organization that is
licensed to perform construction activities, duly established in accordance
with regulations of law, has appropriate business lines and meets specific
requirements for each construction field as prescribed herein.
6. The maximum period of validity of a new
competency certificate is 10 years or is determined according to the period
specified in the establishment document issued by a competent authority in
accordance with regulations of the law of Vietnam but shall not exceed 10
years. In case of re-issuance, the period of validity of the re-issued
competency certificate shall be determined according to that of the former one.
7. Format and minimum information of a competency
certificate are provided for in Form No. 06 in Appendix IV enclosed herewith.
8. Competency certificates are managed using
competency certificate numbers, including 02 groups of symbols joined together
by a hyphen (-) as follows:
a) First group includes no more than 03 characters
representing the certificate’s place of issue as prescribed in Appendix IX
enclosed herewith;
b) Second group indicates the competency
certificate code.
9. The Ministry of Construction shall consistently
manage the issuance and revocation of competency certificates; manage issuance
of competency certificate codes; publish the list of organizations issued with
competency certificates on its website; organize processing of online applications
for competency certificates.
Article 95. Issuance, revocation of competency
certificates
1. A competency certificate shall be issued to an
organization in one of the following cases:
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b) Re-issuance of competency certificate in case
the issued competency certificate is still unexpired but has been lost or
otherwise damaged or contains inaccurate information or in case the information
on the organization issued with the certificate needs to be modified (except the
information mentioned in point a clause 1 of this Article) or a competency
certificate is re-issued to cover the fields of the previously issued one which
are not subject to revocation.
2. A competency certificate shall be revoked in one
of the following cases:
a) The organization issued with the competency
certificate terminates its engagement in construction activities, is dissolved
or faces bankruptcy;
b) It no longer meets the competency requirements
for performing construction activities in the fields specified in the issued
certificate as prescribed;
c) Documents included in the application for
issuance or re-issuance of the competency certificate are found forged;
d) The organization issued with the competency
certificate allows others to use its competency certificate;
dd) Contents of the competency certificate are
altered or erased;
e) The competency certificate has been issued ultra
vires;
g) The competency certificate contains
misstatements at the fault of the issuing authority;
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i) The competency certificate is revoked at the
request of a competent authority.
3. The organization that has its competency
certificate revoked may apply for issuance of competency certificate after 12
months, counting from the issue date of the revocation decision, in the case of
revocation prescribed in point c, d or dd clause 2 of this Article, or after
the specific period of time specified in the decision on administrative penalty
imposition in the case of revocation prescribed in point i clause 2 of this
Article. Procedures for issuance of competency certificate shall be followed in
the same manner of those for issuance of competency certificate in the case
prescribed in point a clause 1 of this Article.
An organization that has its competency certificate
revoked in the case prescribed in point g clause 2 of this Article may be
re-issued with a new competency certificate following the procedures in clause 2
Article 100 hereof.
Article 96. Authority to issue and revoke
competency certificate
1. Regarding class-I competency certificate:
Each provincial-level People’s Committee shall be
vested with authority to consider issuing class-I competency certificate as
prescribed in clause 4 Article 148 of the 2014 Law on Construction, as amended
in point a clause 53 Article 1 of the Law No. 62/2020/QH14, to the
organizations that are headquartered in the province or city under its
management. The provincial-level People's Committee may delegate the provincial
Department of Construction to do these tasks in accordance with regulations of
the Law on local government organization.
2. Regarding class-II and class-III competency
certificate:
a) Each provincial Department of Construction shall
have the power to consider issuing competency certificates to the organizations
that are headquartered in the province or city under its management;
b) Each socio-professional organization that has
been recognized as prescribed in Article 111 hereof shall have the power to
consider issuing competency certificates to its members admitted to this
organization at least 03 months before the application submission date.
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If the issuing authority fails to revoke the
competency certificate that is found to have been issued against regulations of
law, the Ministry of Construction of Vietnam shall directly issue a decision to
revoke it.
4. The authority competent to issue competency
certificate as prescribed in clause 1 of this Article shall consider re-issuing
the competency certificate that it previously issued.
Article 97. Council in charge of processing
applications for competency certificate
1. The head of the issuing authority shall consider
establishing a council in charge of processing applications for competency
certificate (hereinafter referred to as “Council”) to carry out assessment of
competency as the basis for issuance of competency certificate in case of
issuance of new competency certificates. Assessment is carried out at the
request for assessment of applications for competency certificates of the issuing
authority’s affiliated unit in charge of processing applications.
2. Structure and number of members of the Council
shall be subject to decision issued by the head of the issuing authority.
3. A Council that is established by a
provincial-level People’s Committee or Department of Construction is composed
of:
a) A Chairperson who is the head or deputy head of
the issuing authority;
b) The Council’s standing member and secretary who
are public officials or employees of the issuing authority;
c) Members who are public officials or employees of
the issuing authority, and experts in the fields relevant to the field
specified in the submitted application where necessary.
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a) A Chairperson who is the head or deputy head of
the socio-professional organization;
b) The Council’s standing member and secretary who
are members of this socio-professional organization;
c) Members who are members of this
socio-professional organization with qualifications relevant to the field
specified in the submitted application, and experts in the fields relevant to
the field specified in the submitted application where necessary.
5. Council members shall work under the dual office
holding regime and in accordance with regulations promulgated by the council
chairperson.
6. The council’s working regulations include
working rules; tasks, powers and responsibilities of the council and each of
its members; the council’s regulations on assessment of an organization’s
competency in performing construction activities; the council’s funding for
covering its operating expenses.
Article 98. General eligibility requirements to
be satisfied when applying for competency certificate
1. The issuing authority shall decide whether a
competency certificate will be issued after obtaining assessment results from
the Council.
2. Competency in performing construction activities
of an organization shall be assessed taking into account the experience of the
organization and competency in performing construction activities of its
employees as prescribed herein.
3. Required experience of the organization:
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b) If the organization only performs specialized
construction activities, only a competency certificate for such specialized
construction activities is issued;
c) If an organization undergoes split-off,
split-up, merger or consolidation, it shall inherit personnel and experience as
defined in the agreement on v in accordance with regulations of law on
enterprises;
d) An organization that applies for class-III
competency certificate is not required to prove its satisfaction of experience
requirements.
4. Personnel requirements:
a) An organization is considered to have meet
personnel requirements if its employees as prescribed in the law on labour meet
competency requirements relevant to the type of the competency certificate
applied for;
b) Each employee may undertake one or more job
positions of which the holder is required to possess a practicing certificate
when he/she meets relevant competency requirements as prescribed.
5. An individual possessing practicing certificate
or individual holding the position of site manager of the organization applying
for the competency certificate by field or type is required to meet the
following requirements:
a) For a construction survey organization: The
individual who works as a president in charge of carrying out construction
survey must hold a construction survey practicing certificate, as prescribed in
Section 1 Appendix VII hereof, of a class appropriate to that of the competency
certificate applied for. In case he/she holds a practicing certificate covering
a specific field of construction survey, only competency certificate covering
such field of construction survey shall be issued;
b) For an organization engaged in construction
planning design: The individual who works as a president or chairperson in
charge of specialized fields of construction planning, transportation,
electricity, water supply and drainage of a construction planning project must
hold a corresponding practicing certificate, as prescribed in Section 2
Appendix VII hereof, of a class appropriate to that of the competency
certificate applied for;
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d) For an organization engaged in production and
verification of construction designs for industrial works on mining and mineral
processing; petroleum; energy (excluding contents about technologies in
electrical sector): The individual who works as a president in charge of
construction design or chairperson in charge of producing and verifying
construction design in respect of these subjects, including building structure,
mechanical and electrical systems, and water supply and drainage systems
included in the construction design must hold a practicing certificate in
construction design, including: structural design, mechanical and electrical
design (including electrical system; water supply and drainage system;
ventilation - heating system), as prescribed in Section 3 Appendix VII hereof,
appropriate to the tasks he/she will take charge of and of a class appropriate
to that of the competency certificate applied for. In case an individual only
works as a chairperson in charge of one or some construction design subjects,
only competency certificate covering such construction design subject(s) shall
be issued;
dd) For an organization engaged in production and
verification of construction design for traffic works: The individual who works
as a president in charge of construction design or chairperson in charge of
producing and verifying construction design must hold a practicing certificate
in production of construction design for traffic works (roadways; railways;
bridges - tunnels; inland waterways - maritime), as prescribed in Section 3 of
Appendix VII enclosed herewith, appropriate to the type of works and of a class
appropriate to that of the competency certificate applied for;
e) For an organization engaged in production and
verification of construction design for agricultural and rural development
works: The individual who works as a president in charge of construction design
or chairperson in charge of producing and verifying construction design must
hold a practicing certificate in production of construction design for
agricultural and rural development works (hydraulic structures and flood
control systems), as prescribed in Section 3 of Appendix VII enclosed herewith,
appropriate to the type of works and of a class appropriate to that of the
competency certificate applied for;
g) For an organization engaged in production and
verification of construction design for technical infrastructure works: The
individual who works as a president in charge of construction design or
chairperson in charge of producing and verifying construction design must hold
a practicing certificate in production of construction design for technical infrastructure
works (water supply - water drainage; solid waste treatment), construction
design for works (building structures), as prescribed in Section 3 of Appendix
VII enclosed herewith, appropriate to the type of works and of a class
appropriate to that of the competency certificate applied for;
h) For an organization engaged in production and
verification of specialized construction designs (piles; foundation
strengthening, building structures; prestressed concrete structures; covering
structures, building facades, etc.): The individual who works as a president in
charge of construction design or chairperson in charge of producing and
verifying construction design must hold a construction design practicing
certificate appropriate to specialized tasks and of a class appropriate to that
of the competency certificate applied for;
i) For a project management consultancy: The
individual who works as a project manager must hold a project management
practicing certificate as prescribed in Section 6 Appendix VII hereof, of a
class appropriate to that of the competency certificate applied for; the
individual who takes charge of professional fields must hold a practicing
certificate in construction supervision or construction valuation appropriate
to the project group, grade of the works, and tasks that he/she will take
charge, and of a class appropriate to that of the competency certificate
applied for;
k) For an organization engaged in execution of
construction works, including execution of construction tasks and installation
of equipment: The individual who works as a site manager must meet the relevant
requirements laid down in Article 86 hereof. If the organization declares that
the individual who works as a site manager has a practicing certificate in one
of construction supervision fields (supervision of construction tasks or
supervision of equipment installation) or only has working experience as a site
manager in charge of construction tasks or equipment installation tasks, only
competency certificate covering the corresponding field of construction
execution shall be issued;
l) For an organization engaged in supervision of
construction of the works, including supervision of construction tasks and
supervision of equipment installation: The individual who works as a chief
supervisor or supervisor must hold a construction supervision practicing
certificate appropriate to the field and of a class appropriate to that of the
competency certificate applied for. If the individual only has a practicing
certificate in one construction supervision field (supervision of construction
tasks or supervision of equipment installation), only competency certificate
covering the corresponding construction supervision field shall be issued.
6. An individual engaged in performance of tasks of
an organization must be an employee of the organization as prescribed by the
law on labour, and shall be considered to have met relevant requirements for
the field or type of the competency certificate applied for when he/she holds
qualifications, as prescribed in Appendix VI hereof, relevant to the tasks that
he/she will take charge of. Particularly, an individual in charge of
construction tasks must hold qualifications equivalent to those of an applicant
for issuance of construction supervision practicing certificate.
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Article 99. Application for competency
certificate
1. An application for issuance of a new competency
certificate includes:
a) An application form which is made using Form No.
03 in Appendix IV hereof;
b) The establishment decision (if available);
c) Unexpired decision on recognition of specialized
construction laboratory or an agreement on cooperation in carrying out tests
serving construction surveys which is signed with a recognized construction
laboratory according to regulations of the civil code (for an organization
applying for a competency certificate in geological survey);
d) Records or contracts on lease or purchase of
machines and equipment declared in the submitted application (for an
organization applying for competency certificate in construction survey or
execution of construction works);
dd) Documents proving the organization's rights to
use copyrighted software for calculation of structural design and geotechnical engineering
(for an organization applying for class-I competency certificate in production
and verification of construction design);
e) Practicing certificate code, specified in the
application form for competency certificate, of the individual holding the
position of which the holder is required to obtain a practicing certificate.
With respect to an individual holding the position of site manager, the
application shall include his/her qualifications appropriate to the tasks that
he/she will take charge of as prescribed in Section 07 in Appendix VI hereof,
accompanied with the statement which is made using Form No. 04 in Appendix IV
enclosed herewith; qualifications of the individuals engaged in performance of
tasks; employment contracts and social insurance-related documents of the
individuals holding job positions of which the holder is required to obtain
practicing certificate;
g) The competency certificate issued by a competent
authority (if any);
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i) Contracts and records of acceptance testing for
completed work items or construction works or their parts (in case of
specialized construction activities) as declared in the submitted application
or notice of inspection results of acceptance testing tasks given by a
specialized construction agency, for an organization applying for class-I or
class-II competency certificate in execution of construction works or
construction supervision; decision on project approval or construction permit
indicating information on the project group; type and grade of the works;
structural scale, capacity and location of the declared work item, construction
work or its parts;
k) Documents on split-off, split-up, merger or
consolidation (for an organization undergoing split-off, split-up, merger or
consolidation as prescribed in the law on enterprises).
2. An application for re-issuance of a competency
certificate includes:
a) An application form which is made using Form No.
03 in Appendix IV hereof;
b) The original of the issued competency
certificate which contains inaccurate information or contains the information
on the organization which needs to be modified;
c) Supporting documents for modifications in case
the information on the organization included in the issued competency
certificate is to be modified;
d) The organization’s commitment on the accuracy of
the causes and time of loss or damage in case of application for re-issuance of
the competency certificate due to loss or damage.
3. The documents included in the application as
prescribed in clauses 1 and 2 of this Article shall be certified true copies or
files containing their electronic copies which have been certified as
prescribed.
4. When submitting an application for competency
certificate, the organization shall also pay application fee as prescribed in
Sub-section 21.2 Section III Table B in Appendix No. 01 of the 2015 Law on fees
and charges.
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1. In case of issuance of a competency certificate:
a) An application for competency certificate as
prescribed in Article 99 hereof shall be submitted to the issuing authority according
to regulations on handling of administrative procedures in clause 2 Article 7
hereof;
b) Upon its receipt of an adequate and valid
application, the issuing authority shall consider issuing the competency
certificate within 20 days, in case of issuance of a new competency
certificate, or within 10 days, in case of re-issuance of a competency
certificate. Where an application is inadequate or invalid, the issuing
authority shall give the only written notification thereof to the applicant
within 05 days from its receipt of the application.
2. In case of revocation of a competency
certificate:
a) Within 10 days from its receipt of the
inspection conclusion indicating the request for revocation of competency
certificate from a competent authority or from the date on which it is
discovered or there are grounds for determining that the competency certificate
falls into one of the revocation cases prescribed in clause 2 Article 95
hereof, the authority competent to revoke competency certificate shall issue a
decision to revoke the competency certificate. If the request for revocation of
competency certificate is refused, the requester shall be provided with written
explanations for such refusal;
b) The authority competent to revoke competency
certificate shall send the revocation decision to the organization whose
competency certificate is revoked and publish it on its website; integrate it
into the website of the Ministry of Construction within 05 days from its issue
date;
c) The organization whose competency certificate is
revoked shall return the original of the competency certificate to the
authority that issued the revocation decision within 05 days from its receipt
of this decision.
d) In case the organization fails to meet
competency requirements for a field specified in the competency certificate
resulting in revocation of competency certificate as prescribed in point b
clause 2 Article 95 hereof, the authority competent to revoke competency
certificate shall decide to re-issue the competency certificate covering other
fields of the revoked certificate within 05 days from its receipt of the
application form for re-issuance and the revoked competency certificate;
dd) If a competency certificate is revoked in case
it contains misstatements at the fault of the issuing authority, the authority
competent to revoke competency certificate shall re-issue the competency
certificate within 05 days from its receipt of the revoked competency
certificate;
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Article 101. Rights and obligations of
organizations applying for competency certificates
1. An organization applying for competency
certificate shall have the following rights:
a) Request provision of information about the
issuance of competency certificate;
b) Perform construction activities nationwide
according to the contents specified in its competency certificate;
c) File complaints or denunciations of violations
against regulations of law on issuance and use of competency certificates.
2. An organization applying for competency
certificate shall have the following obligations:
a) Provide truthful information in its application
for issuance of competency certificate as prescribed; assume legal
responsibility for the accuracy and legitimacy of the documents included in its
submitted application; provide information at the request of competent
authorities; pay application fees as prescribed;
b) Operate in the field specified in and within the
scope of the issued competency certificate; strictly comply with regulations of
law on construction and other relevant laws;
c) Maintain and ensure its satisfaction of
competency requirements under the issued competency certificate;
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dd) The organization’s legal representative must
present the competency certificate at the request of competent authorities and
comply with their inspection requests.
Article 102. Competency requirements to be
satisfied by construction survey organization
1. General requirements for all classes of the
competency certificate:
a) Have a laboratory or an agreement which is
signed with a recognized laboratory according to regulations of the Civil Code
on cooperation in carrying out tests serving construction surveys in the field
of geological survey;
b) Have sufficient machinery and equipment or be
capable of mobilizing machinery and equipment to serve the surveys in the field
specified in the submitted application.
2. Class I:
a) At least 02 individuals who work as survey
presidents hold class-I construction survey practicing certificate appropriate
to the field specified in the submitted application for competency certificate;
b) Individuals performing survey tasks have
appropriate qualifications, as prescribed in Section 1 Appendix VI enclosed
herewith, relevant to the type of construction survey specified in the
submitted application;
c) For a topographical survey organization: It has
carried out topographical survey for at least 01 project of group A or higher
or at least 02 projects of group B or higher or at least 01 work of grade I or
higher or at least 02 works of grade II or higher;
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3. Class II:
a) The individual who works as a survey president
must hold a construction survey practicing certificate of class II or higher,
appropriate to the field specified in the submitted application for competency
certificate;
b) Individuals performing survey tasks have
appropriate qualifications, as prescribed in Section 1 Appendix VI enclosed
herewith, relevant to the type of construction survey specified in the
submitted application;
c) For a topographical survey organization: It has
carried out topographical survey for at least 01 project of group B or higher
or at least 02 projects of group C or higher or at least 03 projects that
require technical-economic reports or higher or at least 01 work of grade II or
higher or at least 02 works of grade III or higher;
d) For a geological survey organization: It has
carried out geological survey for at least 01 work of grade II or higher or at
least 02 works of grade III or higher.
4. Class III:
a) The individual who works as a survey president
must hold a construction survey practicing certificate of class III or higher,
appropriate to the field specified in the submitted application for competency
certificate;
b) Individuals performing survey tasks have
appropriate qualifications, as prescribed in Section 1 Appendix VI enclosed
herewith, relevant to the type of construction survey specified in the
submitted application.
Article 103. Competency requirements to be
satisfied by organization engaged in construction planning design
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1. Class I:
a) At least 02 individuals who work as president or
chairperson in charge of each of the specialized fields of construction
planning, transportation, electricity, water supply and drainage of the
construction planning project have class-I practicing certificate relevant to
their specialized fields;
b) The organization has formulated at least 01
construction planning project that falls under the jurisdiction of and 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 fall under the jurisdiction of and have been approved by the
Provincial-level People’s Committee.
2. Class II:
a) The individual who works as president or
chairperson in charge of the specialized fields of construction planning,
transportation, electricity, water supply and drainage of the construction
planning project holds a practicing certificate of class II or higher, relevant
to his/her specialized field;
b) The organization has formulated at least 01
construction planning project that falls under the jurisdiction of and has been
approved by the Provincial-level People’s Committee or 02 construction planning
projects that fall under the jurisdiction of and have been approved by the
district-level People’s Committee.
3. Class III:
The individual who works as president or
chairperson in charge of the specialized fields of construction planning,
transportation, electricity, water supply and drainage of the construction
planning project holds a practicing certificate of class III or higher,
relevant to his/her specialized field.
Article 104. Competency requirements to be
satisfied by organization engaged in production and verification of
construction designs
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1. Class I:
a) At least 02 individuals who work as president or
chairperson in charge of producing and verifying construction design in respect
of each construction design subject must have class-I practicing certificate or
architecture practicing certificate, if taking charge of producing and
verifying architectural designs, issued in accordance with regulations of law
on architecture, relevant to their specialized fields;
b) Individuals engaged in production and
verification of construction design must have appropriate qualifications, as
prescribed in Section 3 Appendix VI enclosed herewith, relevant to the field
and type of the works specified in the submitted application;
c) The organization has successfully taken charge
of production and verification of design for at least 01 work of grade I or
higher or at least 02 works of grade II or higher of the same type;
d) Software programs used in structural design and
geotechnical engineering calculations are lawfully protected by copyright.
2. Class II:
a) The individual who works as president or
chairperson in charge of producing and verifying construction design in respect
of construction design subjects must have practicing certificate of class II or
higher or architecture practicing certificate, if taking charge of producing
and verifying architectural designs, issued in accordance with regulations of
law on architecture, relevant to his/her specialized field;
b) Individuals engaged in production and
verification of construction design must have appropriate qualifications, as prescribed
in Section 3 Appendix VI enclosed herewith, relevant to the field and type of
the works specified in the submitted application;
c) The organization has successfully taken charge
of production and verification of design for at least 01 work of grade II or
higher or at least 02 works of grade III or higher of the same type.
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a) The individual who works as president or
chairperson in charge of producing and verifying construction design in respect
of construction design subjects must have practicing certificate of class III
or higher or architecture practicing certificate, if taking charge of producing
and verifying architectural designs, issued in accordance with regulations of
law on architecture, relevant to his/her specialized field;
b) Individuals engaged in production and
verification of construction design must have appropriate qualifications, as
prescribed in Section 3 Appendix VI enclosed herewith, relevant to the field
and type of the works specified in the submitted application.
Article 105. Competency requirements to be
satisfied by project management consultancy
An organization that provides consultancy on
management of construction investment projects is required to meet corresponding
requirements for each class of the competency certificate as follows:
1. Class I:
a) At least 02 individuals who work as project
managers must have class-I project management practicing certificate;
b) Individuals in charge of specialized fields must
have class-I practicing certificate in construction supervision or construction
valuation, relevant to their tasks;
c) Individuals performing project management tasks
must have appropriate qualifications, as prescribed in Section 6 Appendix VI
enclosed herewith, relevant to their tasks;
d) The organization has performed project
management tasks for at least 01 group-A project or at least 02 projects of
group B or higher.
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a) The individual who works as project manager must
have a project management practicing certificate of class II or higher;
b) Individuals in charge of specialized fields must
have practicing certificate in construction supervision or construction
valuation of class II or higher, relevant to their tasks;
c) Individuals performing project management tasks
must have appropriate qualifications, as prescribed in Section 6 Appendix VI
enclosed herewith, relevant to their tasks;
d) The organization has performed project
management tasks for at least 01 project of group B or higher or at least 02
projects of group C or higher.
3. Class III:
a) The individual who works as a project manager
must have a project management practicing certificate of class III or higher;
b) Individuals in charge of specialized fields must
have practicing certificate in construction supervision or construction
valuation of class III or higher, relevant to their tasks;
c) Individuals performing project management tasks
must have qualifications appropriate to their tasks.
Article 106. Competency requirements to be
satisfied by organization engaged in execution of construction works
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1. Class I:
a) At least 02 individuals who work as site
managers must meet competency requirements for class-I site manager, relevant
to their specialized fields;
b) Individuals performing execution tasks in a
specialized field must have bachelor’s degree or associate degree, as
prescribed in Section 7 Appendix VI enclosed herewith, relevant to their tasks,
and have at least 03 years’ working experience, for bachelor’s degree holder,
or at least 05 years’ working experience, for association degree holder;
c) The organization is capable of mobilizing
sufficient machinery and equipment to serve execution of construction works,
relevant to its tasks;
d) The organization has directly taken charge of
execution of work items, works or their parts (in case of specialized construction
activities), relevant to the field specified in the submitted application, for
at least 01 work of grade I or higher or at least 02 works of grade II or
higher of the same type, in case of construction tasks;
dd) The organization has directly carried out
installation of equipment of work items, works or their parts, relevant to the
field specified in the submitted application, for at least 01 work of grade I
or higher or at least 02 works of grade II or higher, in case of equipment
installation tasks.
2. Class II:
a) The individual who works as a site manager must
meet competency requirements for site manager of class II or higher, relevant
to their specialized fields;
b) Individuals performing execution tasks in a
specialized field must have bachelor’s degree or associate degree or
intermediate professional education diploma, as prescribed in Section 7
Appendix VI enclosed herewith, relevant to their tasks, and have at least 01
year’s working experience, for bachelor’s degree holder, or at least 03 years’
working experience, for association degree or intermediate professional
education diploma holder;
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d) The organization has directly taken charge of
execution of work items, works or their parts (in case of specialized
construction activities), relevant to the field specified in the submitted
application, for at least 01 work of grade II or higher or at least 02 works of
grade III or higher of the same type, in case of construction tasks;
dd) The organization has directly carried out
installation of equipment of work items, works or their parts, relevant to the
field specified in the submitted application, for at least 01 work of grade II
or higher or at least 02 works of grade III or higher, in case of equipment
installation tasks.
3. Class III:
a) The individual who works as a site manager must
meet competency requirements for site manager of class III or higher, relevant
to his/her specialized field;
b) Individuals performing execution tasks in a
specialized field must have bachelor’s degree or associate degree or
intermediate professional education diploma, as prescribed in Section 7
Appendix VI enclosed herewith, relevant to their tasks;
c) The organization is capable of mobilizing
sufficient machinery and equipment to serve execution of construction works,
relevant to its tasks.
Article 107. Competency requirements to be
satisfied by construction supervision consultancy
An organization that provides construction
supervision consultancy is required to meet corresponding requirements for each
class of the competency certificate as follows:
1. Class I:
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b) The organization has supervised construction
tasks of at least 01 work of grade I or higher or 02 works of grade II or
higher of the same type as that of the works specified in the submitted
application for competency certificate, in case of supervision of construction
tasks;
c) The organization has supervised equipment
installation tasks of at least 01 work of grade I or higher or 02 works of
grade II or higher, in case of supervision of equipment installation tasks.
2. Class II:
a) The individual who works as chief supervisor
must have a construction supervision practicing certificate of class II or
higher or who works as a supervisor must have a construction supervision
practicing certificate, relevant to the type of works for which the competency
certificate is applied;
b) The organization has supervised construction
tasks of at least 01 work of grade II or higher or 02 works of grade III or
higher of the same type as that of the works specified in the submitted
application for competency certificate, in case of supervision of construction
tasks;
c) The organization has supervised equipment
installation tasks of at least 01 work of grade II or higher or 02 works of
grade III or higher, in case of supervision of equipment installation tasks.
3. Class III:
The individual who works as chief supervisor must
have a construction supervision practicing certificate of class III or higher
or who works as a supervisor must have a construction supervision practicing
certificate, relevant to the type of works and supervision field specified in
the submitted application for competency certificate.
Article 108. Competency requirements to be
satisfied by and scope of operation of construction inspection organization
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a) Class I:
At least 02 individuals who work as chairpersons in
charge of construction inspection must meet class-I competency requirements
laid down in Article 87 hereof;
Individuals performing construction inspection
tasks must have appropriate qualifications, as prescribed in Section 8 Appendix
VI enclosed herewith, relevant to inspection contents;
The organization has conducted construction
inspection of at least 01 work of grade I or higher or 02 works of grade II or
higher.
b) Class II:
The individual who works as a chairperson in charge
of construction inspection must meet class-II competency requirements laid down
in Article 87 hereof;
Individuals performing construction inspection
tasks must have appropriate qualifications, as prescribed in Section 8 Appendix
VI enclosed herewith, relevant to inspection contents;
The organization has conducted construction
inspection of at least 01 work of grade II or higher or 02 works of grade III
or higher.
c) Class III:
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Individuals performing construction inspection
tasks must have appropriate qualifications, as prescribed in Section 8 Appendix
VI enclosed herewith, relevant to inspection contents.
2. Scope of operation:
a) Class I: The organization may conduct
construction inspection of works of all grades of the same type;
b) Class II: The organization may conduct
construction inspection of works of grade II or lower of the same type;
c) Class III: The organization may conduct
construction inspection of works of grade III or lower of the same type.
3. An organization engaged in inspection of quality
of construction materials, components and products is required to meet the
following requirements:
a) The organization must use a specialized
construction laboratory capable of conducting tests recognized by a competent
authority, relevant to the inspection contents;
b) Individuals performing inspection tasks must
have qualifications appropriate to construction inspection tasks.
Article 109. Competency requirements to be
satisfied by and scope of operation of construction cost management consultancy
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a) Class I:
At least 02 individuals who work as chairperson in
charge of managing construction investment costs must have class-I construction
valuation practicing certificate;
Individuals engaged in management of construction
investment costs must have appropriate qualifications as prescribed in Section
5 Appendix VI enclosed herewith;
The organization has performed cost management
tasks for at least 01 group-A project or at least 02 projects of group B or
higher.
b) Class II:
The individual who works as a chairperson in charge
of managing construction investment costs must have a construction valuation
practicing certificate of class II or higher;
Individuals engaged in management of construction
investment costs must have appropriate qualifications as prescribed in Section
5 Appendix VI enclosed herewith;
The organization has managed construction
investment costs for at least 01 project of group B or higher or 02 projects of
group C or higher or 03 projects that require technical-economic report or
higher.
c) Class III:
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Individuals engaged in management of construction
investment costs must have appropriate qualifications as prescribed in Section
5 Appendix VI enclosed herewith.
2. Scope of operation:
a) Class I: The organization may perform tasks
related to management of construction investment costs of all projects;
b) Class II: The organization may perform tasks
related to management of construction investment costs of projects of group B
or lower;
c) Class III: The organization may perform tasks
related to management of construction investment costs of projects of group C
and projects that only require technical-economic reports.
Article 110. Publishing information on
competency of organizations and individuals performing construction activities
1. Information on competency in performing
construction activities of organizations and individuals issued with competency
or practicing certificates must be published on the websites managed by the
issuing authorities and integrated into the website of the Ministry of
Construction (http://www.nangluchdxd.gov.vn) for consistent
management.
2. Issuing authorities shall assume responsibility
to publish information on competency in performing construction activities of
organizations and individuals on the websites under their management, and
integrate the same information into http://www.nangluchdxd.gov.vn.
3. Such information must be published within 05
working days from the date on which a certificate is granted.
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1. A socio-professional organization may be
recognized to be eligible to issue competency certificate when meeting the
following requirements:
a) It has obtained establishment permission and
approval of its charter from a competent authority;
b) It engages in business sectors relevant to
construction activities and has a nationwide scale of operation as specified in
its establishment permission decision;
c) It has qualified employees to become members of
the Council in charge of processing applications for competency certificate as
prescribed in clause 4 Article 97 hereof.
2. An application for recognition of eligibility to
issue competency certificate includes:
a) An application form which is made using Form 02
in Appendix V enclosed herewith;
b) Certified true copies or electronic copies,
which have been certified as prescribed, of the written permission for
establishment and approval of charter of the socio-professional organization,
given by competent authorities;
c) List of individuals recommended to be members of
the Council in charge of processing applications for competency certificate in
which information on qualifications and professional experience of each
individual must be specified; list of members of the socio-professional
organization.
3. Procedures for recognizing eligibility to issue
competency certificate:
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b) Within 20 days from its receipt of an adequate
and valid application, the Ministry of Construction shall consider the received
application and issue a decision to recognize the socio-professional
organization to be eligible to issue competency certificates. The recognition
decision shall be sent to the subject socio-professional organization and
published on the website of the Ministry of Construction within 05 working days
from the issue date of the decision. If an application is considered inadequate
or invalid, the Ministry of Construction shall send the only notification
thereof to the socio-professional organization within 07 days from the receipt
of the application.
Article 112. Suspension and revocation of
decision to recognize socio-professional organizations to be eligible to issue
competency certificate
1. A socio-professional organization shall be
suspended from issuing competency certificates under the issued decision to
recognize its eligibility to issue competency certificates for a fixed period
in one of the following cases:
a) It shall be suspended for 06 months when issuing
competency certificates in construction fields other than those specified in
the recognition decision;
b) It shall be suspended for 12 months when issuing
competency certificates ultra vires.
2. A decision to recognize a socio-professional
organization to be eligible to issue competency certificate shall be revoked in
one of the following cases:
a) The socio-professional organization no longer
satisfies one of the requirements laid down in clause 1 Article 111 hereof;
b) The socio-professional organization has issued
competency certificates to organizations that fail to meet competency
requirements as prescribed.
3. The Ministry of Construction shall suspend or
revoke the decision to recognize the socio-professional organization to be
eligible to issue competency certificates when it is discovered that or there
are grounds to believe that the socio-professional organization falls in one of
the cases specified in clauses 1 and 2 of this Article. Consideration and
issuance of decision to suspend or revoke the decision to recognize the
socio-professional organization to be eligible to issue competency certificates
shall be completed within 15 days from the day on which there are sufficient
grounds for such suspension or revocation. The suspension or revocation
decision shall be sent to the subject socio-professional organization and
published on the website of the Ministry of Construction.
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5. The socio-professional organization that has its
recognition decision revoked in the case prescribed in clause 2 of this Article
may apply for recognition after 12 months from the issue date of the revocation
decision when meeting the relevant requirements laid down in clause 1 Article 111
hereof, and must provide explanation about its violation and report on outcomes
of remedial measures taken.
6. The Ministry of Construction shall organize
inspection of outcomes of remedial measures taken before re-issuing a decision
to recognize the socio-professional organization to be eligible to issue
competency certificates. Documentation requirements and procedures for
re-issuing a decision to recognize the socio-professional organization to be
eligible to issue competency certificates shall comply with provisions of
Article 111 hereof.
Section 3. FOREIGN CONTRACTOR LICENSE
Article 113. Rules for managing operation of
foreign contractors
1. A foreign contractor may only perform
construction activities in Vietnam after obtaining a foreign contractor license
issued by a construction authority.
2. Activities performed by foreign contractors in
Vietnam must comply with regulations of the law of Vietnam and relevant
international conventions to which Vietnam is a signatory or accedes.
Article 114. Eligibility requirements for
foreign contractor license
1. A foreign contractor shall be issued with a
foreign contractor license when it/(s)he wins the bid under a contract award
decision or is selected by the employer/main contractor (subcontractor).
2. The foreign contractor is requested to set up a
joint venture with Vietnamese contractor(s) or use Vietnamese subcontractor(s),
unless Vietnamese contractors are incapable of performing any tasks of the contract
package. When setting up a joint venture or using a Vietnamese contractor, the
specific tasks to be performed by the Vietnamese contractor entering into the
joint venture or by the Vietnamese subcontractor, volume and value thereof must
be clearly determined.
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1. The foreign contractor shall submit an
application to the authority competent to issue foreign contractor license
(hereinafter referred to as “issuing authority”) in any of the forms specified
in clause 2 Article 7 hereof. Such an application includes:
a) An application form which is made using Form No.
01 or Form No. 04 in Appendix III enclosed herewith;
b) A certified true copy or electronic copy, which
has been duly certified as prescribed, of the notice of bidding results or
lawful contract award decision;
c) Certified true copies or electronic copies,
which have been duly certified as prescribed, of the establishment license or
business registration certificate of the organization and practicing
certificate (if any) issued by competent authorities of its/his/her country of
nationality;
d) Declaration of experience in performance of
similar contracts and certified true copy or electronic copy, which has been
duly certified as prescribed, of the consolidated financial audit report of the
last 03 years (in case regulations of the Law on bidding are not applied); if a
contractor’s operating duration is fewer than 03 years, the consolidated
financial audit report of its actual operating years shall be submitted;
dd) Certified true copy or electronic copy, which
has been duly certified as prescribed, of the joint-venture agreement signed
with a Vietnamese contractor or official agreement or agreement in principle
signed with a Vietnamese subcontractor to perform the tasks (which is included
in the bid package);
e) A power of attorney which is lawfully made to
give authorization to a person who is not the contractor's legal
representative.
2. The application form shall be made in
Vietnamese. The establishment license or business registration certificate
issued by a foreign authority must bear consular legalization, unless such
consular legalization is exempted under an international convention to which
Vietnam and relevant countries are members. If the documents prescribed in
points b, c, dd and e clause 1 of this Article are made in foreign languages,
their Vietnamese translations which are notarized or certified in accordance
with regulations of the law of Vietnam shall be provided.
3. Authority to issue foreign contractor license:
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Article 116. Modification of foreign contractor
license
1. In case there are changes in the name and/or
address of the contractor issued with the foreign contractor license or
replacement of the parties to the join venture or subcontractor(s) occurs or
there are changes in any other contents of the issued foreign contractor
license, the foreign contractor shall submit an application according to
regulations on handling of administrative procedures in clause 2 Article 7
hereof to the issuing authority for considering and modifying the issued
foreign contractor license. The modified foreign contractor license is issued
using Form No. 7 in Appendix III enclosed herewith.
2. An application for modification of foreign
contractor license shall include:
a) An application form which is made using Form No.
8 in Appendix III enclosed herewith;
b) Supporting documents for requested
modifications. These documents must be made in Vietnamese and notarized or
certified in accordance with regulations of the law of Vietnam.
3. Modification of the foreign contractor license
must be completed within 20 days from the date of receipt of an adequate and
valid application.
Article 117. Time limit for processing
application for issuance/modification of foreign contractor license and
application fees
1. The specialized construction agency specified in
clause 3 Article 115 hereof shall consider issuing or modifying the foreign
contractor license within 20 days from its receipt of an adequate and valid
application. If an application for issuance/modification of foreign contractor
license is refused, the issuing authority shall give a written response
indicating reasons for such refusal to the applicant/
2. When receiving the foreign contractor license,
the foreign contractor must pay fees according to provisions of Sub-section
21.1 Section III Table B in Appendix 01 of the 2015 Law on fees and charges.
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a) the tasks of the signed contract have been
completed and the contract is finalized; or
b) the signed contract becomes null and void in
case the foreign contractor is suspended from performing construction
activities, is dissolved or faces bankruptcy or due to other reasons as
prescribed in the law of Vietnam and the domestic legislation of the
contractor’s country of nationality.
Article 118. Revocation of foreign contractor
license
1. An issued foreign contractor license shall be
revoked in the following cases:
a) The documents included in the submitted
application for foreign contractor license are found forged;
b) Contents of the issued foreign contractor
license are erased or altered;
c) The issued foreign contractor license contains
misstatements at the fault of the issuing authority.
2. Authority to revoke foreign contractor license:
a) The authority that is competent to issue foreign
contractor license is also the one competent to revoke the foreign contractor
license that it issued;
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3. Procedures for revoking a foreign contractor
license:
a) Within 10 days from its receipt of the
inspection conclusion or report indicating the request for revocation of the
issued foreign contractor license from a competent construction authority or
from the date on which it is discovered or there are grounds for determining
that the issued foreign contractor license falls into one of the revocation
cases prescribed in clause 1 of this Article, the authority competent to revoke
foreign contractor license shall issue a decision to revoke the issued foreign
contractor license. If the request for revocation of foreign contractor license
is refused, the requester shall be provided with written explanations for such
refusal;
b) The authority competent to revoke foreign
contractor license shall send the revocation decision to the organization or
individual whose foreign contractor license is revoked; and also send it to the
employer and relevant authorities for information;
c) The organization or individual whose foreign
contractor license is revoked shall return the original of such foreign
contractor license to the authority that issues the revocation decision within
05 days from its/his/her receipt of the revocation decision;
d) If a foreign contractor license is revoked in
case it contains misstatements at the fault of the issuing authority, the
authority competent to revoke foreign contractor license shall consider
reissuing the foreign contractor license within 05 days from its receipt of the
revoked foreign contractor license; where the foreign contractor license is
revoked in the case of violation prescribed in point a or b clause 1 of this
Article, the issuing authority shall only consider issuing the foreign contractor
license after 12 months from the issue date of the revocation decision;
dd) If the organization or individual whose foreign
contractor license is revoked fails to return the issued foreign contractor
license as prescribed, the authority competent to revoke foreign contractor
license shall issue a decision to invalidate the foreign contractor license,
send it to organization or individual whose foreign contractor license is
invalidated, and also provide information on the license invalidation to the employer
and relevant authorities.
Article 119. Rights and obligations of foreign
contractor
1. A foreign contractor is entitled to:
a) Request competent authorities to provide
guidelines for preparation of application for the foreign contractor license and
about other issues concerning activities to be performed by the contractor as
prescribed herein;
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c) Have its/his/her legitimate rights and benefits
during conduct of business in Vietnam under the issued foreign contractor
license.
2. A foreign contractor is obliged to:
a) Establish an executive office in the area where
the project is located after obtaining the foreign contractor license; follow
procedures for registration of address, telephone number, fax number, email
address, seal, account and tax identification number for this executive office.
Regarding a contract on formulation of construction planning, formulation of construction
investment project, construction survey or construction design, the foreign
contract may establish an executive office in the area where the employer is
headquartered or decide not to establish an executive office in Vietnam.
Regarding a contract on execution or supervision of construction works
involving more than one province, the foreign contractor may establish an
executive office in the area where the office of the authority that issued the
construction permit is located. The executive office shall only exist during
the validity period of the signed contract and be shut down upon expiry of this
contract;
b) Follow procedures for registration or
cancellation of the specimen seal and return the seal upon completion of the
signed contract as prescribed in law. The foreign contract shall only use this
seal to perform tasks under the signed contract in Vietnam according to the
terms of the issued foreign contractor license;
c) Follow procedures for tax registration and pay
taxes in accordance with regulations of the law of Vietnam, and comply with
regulations on accounting, account opening and payment adopted by the Ministry
of Finance of Vietnam and the State Bank of Vietnam during the conduct of
business under the signed contract;
d) Recruit and use Vietnamese and foreign workers
in accordance with regulations of the labour code of Vietnam. The foreign
contractor may only follow procedures for bringing foreign economic/technical
management experts and highly skilled workers to Vietnam to perform tasks that
cannot be performed by Vietnamese employees;
dd) Follow procedures for export/import of
materials, machinery and equipment related to the signed contract in Vietnam in
accordance with regulations of the law of Vietnam;
e) Perform the joint-venture agreement signed with
the Vietnamese contractor or use Vietnamese subcontractor(s) as declared in the
application for foreign contractor license;
g) Purchase insurance in accordance with
regulations of the law of Vietnam for the tasks performed by the contractor,
including: professional liability insurance for construction investment
consultant; cargo insurance for supplier of goods; compulsory insurance types
for construction contractor and other insurance types as prescribed by the law
of Vietnam;
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i) Register inspection of safety of construction
equipment and vehicles related to the foreign contractor’s business in
accordance with regulations of the law of Vietnam;
k) Comply with national technical regulations and
standards on management of quality of construction works, occupational safety
and environmental protection, and other relevant regulations of the law of
Vietnam;
l) Upon completion of the work, the foreign
contract must prepare an as-built documentation; take responsibility for
warranty; make statement of exported materials and equipment; take actions
against unused quantity of materials and equipment specified in the
construction contract in accordance with regulations of law on import and
export; re-export construction materials and equipment as registered in
accordance with regulations on temporary import for re-export; follow
procedures for contract finalization; and send notices of contract termination
and shutdown of the executive office which is made using Form No. 09 in
Appendix III enclosed herewith to relevant regulatory authorities.
Article 120. Responsibilities of employer or
project owner or main contractor towards foreign contractor
1. Enter into the contract with the foreign
contractor only after this foreign contractor has been issued with a foreign
contractor license by a competent authority; instruct the foreign contractor to
strictly comply with regulations herein; provide information and documents on
the work to be executed under the signed contract which the foreign contractor
is required to declared in its/his/her application for foreign contractor
license. Manage the registration of import/export of materials, machinery and
equipment used for performance of the signed contract that the foreign
contractor has to carry out as prescribed herein.
2. Supervise the foreign contractor’s fulfillment
of commitments specified in the joint-venture agreement signed with the
Vietnamese contractor or use of Vietnamese subcontractor(s) as prescribed in
Article 114 hereof.
3. Consider the domestic capacity for supplying
construction equipment before reaching an agreement on the list of construction
machinery and equipment which the foreign contractor applies for temporary
import for re-export.
4. Consider the domestic capacity of supplying
technical workers in Vietnam before reaching an agreement on the foreign
contractor’s list of foreign workers applying for permission to enter Vietnam
for performing the foreign contractor’s tasks under the signed contract.
5. Certify final statements of materials and
equipment imported by the foreign contractor upon completion of the work.
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Chapter VII
IMPLEMENTATION
Article 121. Responsibility for implementation
1. The Ministry of Construction of Vietnam shall:
a) assume responsibility before the Government for
consistently performing state management of the contents subject to the
governing scope of this Decree. Provide guidelines for and inspect the
implementation of this Decree by relevant Ministries, authorities and
organizations;
b) Direct and inspect its affiliated specialized
agencies’ handling of administrative procedures as prescribed herein;
c) Give opinions about the special-grade works that
apply new technologies for the first time and fall under the appraisal
jurisdiction of the specialized construction agencies affiliated to specialized
construction work-managing ministries.
2. Specialized construction work-managing
ministries shall direct and inspect their affiliated specialized construction
agencies' organization of appraisal of feasibility study reports,
technical-economic reports, construction designs following the fundamental
design of projects/construction works in their specialized fields. To be
specific:
a) The Ministry of Construction is responsible for
civil construction investment projects and the works of these projects;
housing/urban area construction investment projects; projects on investment in
and construction of technical infrastructure facilities of special-purpose
areas; construction investment projects in light industries and other
industries such as production of construction materials, construction products,
technical infrastructure, and projects on investment in and construction of
roads, highway bridges or road tunnels in urban areas (excluding national
highways running through urban areas);
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c) The Ministry of Agriculture and Rural
Development is responsible for agricultural and rural development construction
investment projects and the works belonging to these projects;
dd) The Ministry of National Defence and the
Ministry of Public Security are responsible for projects on investment in and
construction of national defense and security works.
3. Specialized construction agencies affiliated to
Specialized construction work-managing ministries shall:
a) Assume responsibility to inspect the appraisal
of feasibility study reports, construction designs following the fundamental
design, and inspection of acceptance testing tasks by specialized construction
agencies affiliated to provincial-level People’s Committees as delegated
according to regulations herein.
b) Inspection procedures shall be followed
according to clauses 3, 5 Article 13 of the Government’s Decree No.
35/2023/ND-CP dated June 20, 2023 providing amendments to some Decrees in the
fields under state management of the Ministry of Construction.
4. The Ministry of Finance shall provide
regulations on revenues and expenses of employers and management boards in
charge of state budget-funded construction investment projects.
5. Provincial-level People's Committees shall
assume responsibility to perform state management of the activities subject to
the governing scope of this Decree in their administrative divisions under
their delegated authority; promulgate procedures for appraising, approving and
adjusting feasibility study reports and technical-economic reports for projects
using public investment capital or non-public investment state funds in which
decisions to make investment fall under the jurisdiction of provincial-level,
district-level or commune-level People's Committees; give approval for
locations, route directions and master plans of construction investment
projects in areas for which construction planning or other technically
specialized planning is not required or delegate district-level People's
Committees to perform this task; delegate construction management agencies
affiliated to district-level People's Committees to carry out appraisal of
feasibility study reports, technical-economic reports, and construction designs
following the fundamental design for construction investment projects in which
decisions to make investment fall under the jurisdiction of commune-level
People's Committees.
6. Provincial-level People's Committees shall
direct and inspect specialized construction agencies' organization of appraisal
of feasibility study reports, construction designs following the fundamental
design of projects/construction works in their specialized fields. To be
specific:
a) Provincial Departments of Construction are
responsible for civil construction investment projects and the works of these
projects; housing/urban area construction investment projects; projects on investment
in and construction of technical infrastructure facilities of special-purpose
areas; construction investment projects in light industries and production of
construction materials; technical infrastructure construction investment
projects, projects on investment in and construction of roads, highway bridges
or road tunnels in urban areas whose boundaries are determined in urban
plannings (excluding national highways running through urban areas);
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c) Provincial Departments of Agriculture and Rural
Development are responsible for agricultural and rural development construction
investment projects and the works belonging to these projects;
d) Provincial Departments of Industry and Trade are
responsible for projects on investment in and construction of industrial works
and the works belonging to these projects (except those projects and works
under the management of Provincial Departments of Construction as prescribed in
point a of this clause);
dd) Management boards of industrial parks,
export-processing zones, hi-tech zones or economic zones are responsible for
construction investment projects located in the parks or zones under their
management, and the works belonging to these projects;
e) In provinces or central-affiliated cities where
Departments of Transport - Construction are established, these Departments
shall perform the tasks specified in points a and b of this clause.
7. Depending on specific conditions of each
locality, provincial-level People’s Committees are entitled to adjust or
delegate the authority to carry out appraisal prescribed in clause 5 of this
Article as follows:
a) The authority between provincial Departments in
charge of managing specialized construction works and management boards of
industrial parks, export-processing zones, hi-tech zones or economic zones in
respect of construction investment projects and their works located in the
parks or zones under their management;
b) The authority between the provincial Department
of Construction and the provincial Department of Transport in respect of
projects on investment in and construction of roads, highway bridges or road
tunnels in urban areas;
c) The authority between provincial Departments in
charge of managing specialized construction works and construction management
agencies affiliated to district-level People’s Committees in respect of
construction investment projects located in district-level administrative
divisions.
8. Provincial-level People’s Committees shall take
the full responsibility for construction order management of construction works
in their provinces or cities (except state-secret works). To be specific:
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b) Delegate district-level and commune-level
People’s Committees to perform construction order management tasks in
accordance with regulations of law and actual situations;
c) Delegate or give authorization to receive
commencement date notices accompanied with construction designs; in case the
works are exempted from the construction permit as prescribed in point g clause
2 Article 89 of the 2014 Law on Construction, as amended in clause 30 Article 1
of the Law No. 62/2020/QH14, other additional documents must be submitted at
the request of specialized construction agencies as prescribed in clause 8
Article 46 hereof;
d) Direct district-level or commune-level People's
Committees to monitor, inspect, detect, prevent and promptly take actions
against violations committed within their responsible districts and communes;
direct and organize the implementation of coercive measures against the works
in violation of the construction order in their responsible districts and
communes in accordance with regulations of law;
dd) Resolve important and complex issues and
difficulties that occur during the performance of construction order management
tasks in their provinces or cities.
9. District-level and commune-level People's
Committees shall assume responsibility to perform construction order management
tasks in their responsible districts or communes as designated by
provincial-level People's Committees. To be specific:
a) Organize implementation of measures for
monitoring, inspecting, detecting, preventing and promptly taking actions
against violations committed within their responsible districts or communes;
b) Supervise suspension of construction works and
apply necessary measures for enforcing suspension of construction works in
accordance with regulations of law on penalties for administrative violations;
c) Implement coercive measures against the works in
violation of the construction order in their responsible districts or communes.
10. Ministries, regulatory authorities and
provincial-level People's Committees shall establish, organize and re-arrange
specialized and regional project management boards to take charge of managing
construction investment projects using public investment capital under their
respective jurisdiction.
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Article 122. Transition
1. If the notice of results of appraisal of
feasibility study report by implementation stage of a project/the notice of
results of appraisal of construction design following the fundamental design
for one or some works belonging to this project has been given by specialized
construction agencies before the effective date of this Decree, performance of
appraisal tasks according to regulations herein is not required. Performance of
following steps, including appraisal of feasibility study report for other
stages of the project and appraisal of construction design following the
fundamental design for other works belonging to the project, project
adjustment, and adjustment of construction designs, shall comply with
regulations herein.
2. If the feasibility study report or adjusted
feasibility study report/construction design following the fundamental design
for a project/construction work has been submitted to a specialized
construction agency for appraisal before the effective date of this Decree and
considered to have met appraisal requirements but the appraisal result notice
is yet to be issued, the specialized construction agency shall continue
carrying out the appraisal according to provisions of the Decree No.
15/2021/ND-CP, as amended by the Government’s Decree No. 35/2023/ND-CP dated
June 20, 2023. In case appraisal requirements are not met or it is concluded
that the said document is still not yet satisfactory, the employer shall modify
and resubmit it for appraisal as prescribed herein.
3. If a construction investment project is
considered a project using non-public investment state funds under the decision
on project approval or legal documents regarding investment policy issued by
competent authorities before the effective date of this Decree, management of
the implementation of subsequent steps of this project shall be subject to
regulations on projects using non-public investment state funds herein.
4. If the adjustment of a construction investment
project which is prescribed in clause 4 Article 14 of the Decree No.
37/2010/ND-CP, clause 4 Article 10 of the Decree No. 44/2015/ND-CP (as amended
in the Decree No. 72/2019/ND-CP) and has been approved in accordance with
regulations of law before the effective date of the Decree No. 35/2023/ND-CP
results in changes in neither of the planning quotas, the concise detailed
general ground planning shall not be required and the feasibility study report
or technical-economic report for the project may be adjusted on the basis of
the approved zoning planning.
5. The implementation of construction investment
projects or construction works which have been duly appraised, approved,
granted construction permit and have underground works or substructures
conformable with regulations herein shall be continued. Assessment of
conformity of the underground work or substructure with the construction
planning when carrying out appraisal of feasibility study report/construction
design following fundamental design and issuing construction permit (including
adjustment/modification case) shall be subject to regulations herein.
6. If a project which is considered as an urban
area construction investment project in the construction planning/investment
policy approved or decided by a competent authority before the effective date
of the Decree No. 15/2021/ND-CP fails to meet scale requirements laid down in
clause 1 Section VII of Appendix X enclosed herewith, it shall not be subject
to specific regulations on urban areas laid down herein.
7. The transition of projects applying Build -
Transfer (BT) contract shall comply with regulations of law on investment in
public-private partnership (PPP) form. If a BT project undergoes the transition
in accordance with regulations of the PPP law, when implementing the subsequent
steps of the project, the authority, contents and procedures for carrying out
the appraisal of feasibility study report/construction design following the
fundamental design of the specialized construction agency shall comply with
regulations applicable to PPP projects herein.
8. If the fundamental designs of some works of a
construction investment project have been duly appraised by a specialized
construction agency according to provisions of the 2014 Law on Construction,
the specialized construction agency shall only carry out appraisal of other
works of the project upon its receipt of an application for appraisal of
feasibility study report submitted by the appraisal applicant in
accordance with regulations herein.
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10. If the notice of results of appraisal of the
construction design following the fundamental design for a construction work
has been given by a specialized construction agency in accordance with
provisions of the Decree No. 113/2020/ND-CP dated September 18, 2020 but it is
found that the appraisal of the construction design following the fundamental
design for this construction work by a specialized construction agency is not
required as prescribed in the 2014 Law on Construction, as amended in the Law
No. 62/2020/QH14, the appraisal and management of construction permit upon
adjustment of the project or the construction design following the fundamental
design shall be provided for as follows:
a) In the case of project adjustment prescribed in
clause 2 Article 22 hereof, the adjusted feasibility study report must be
submitted to the specialized construction agency for appraisal. The employer
shall self-organize the appraisal and approval of the construction design
following the fundamental design as prescribed;
b) If the notice of results of appraisal of the
construction design following the fundamental design shows that the eligibility
requirements for exemption from construction permit have been satisfied, the
exemption from construction permit is still valid upon adjustment of the
project and/or construction design following the fundamental design. The
employer shall send notice of adjustments accompanied with the construction
design dossier to the local construction authority before continuing the
execution of the construction work;
c) If the notice of results of appraisal of the construction
design following the fundamental design does not mention whether or not the
eligibility requirements for exemption from construction permit are satisfied,
procedures for issuance or modification of the construction permit must be
followed as prescribed.
11. In case an application for issuance,
modification, renewal or re-issuance of construction permit has been submitted
as prescribed in the Government’s Decree No. 15/2021/ND-CP, as amended in the
Government’s Decree No. 35/2023/ND-CP dated June 20, 2023, to the competent
issuing authority before the effective date of this Decree but the construction
permit is yet to be issued, the processing of such an application shall
continue complying with provisions of the Government’s Decree No. 15/2021/ND-CP,
as amended in the Government’s Decree No. 35/2023/ND-CP dated June 20, 2023.
Applications for issuance, modification, renewal or re-issuance of construction
permit submitted on the effective date of this Decree onwards shall be
processed in accordance with regulations herein.
12. If a construction permit has been issued to a
construction investment project by each implementation stage or for one or some
works of the project as prescribed in the Government’s Decree No.
15/2021/ND-CP, as amended in the Government’s Decree No. 35/2023/ND-CP dated
June 20, 2023, before the effective date of this Decree, the authority to issue
construction permit for subsequent implementation stages or other works of the
project shall be determined in accordance with regulations herein.
13. Regarding the construction work belonging to a
construction investment project specified in Clause 3 of this Article, the
urban planning and construction planning which have been duly approved in
accordance with regulations of the law and used as the basis for formulating
the construction investment project shall also be used as the basis for issuing
the construction permit.
14. Applications for competency certificate or
practicing certificate which have been submitted before the effective date of
this Decree shall be processed in accordance with provisions of the
Government’s Decree No. 15/2021/ND-CP dated March 03, 2021, as amended in the
Government’s Decree No. 35/2023/ND-CP dated June 20, 2023.
15. The authority competent to issue competency
certificate as prescribed in clause 2 Article 96 of this Decree shall consider
re-issuing the competency certificates that it issued in accordance with
regulations in force before the effective date of this Decree to the
organizations that are not headquartered in the area under its management.
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17. The authority competent to issue practicing
certificate as prescribed in point a clause 1 Article 77 hereof shall consider
re-issuing the practicing certificates that were previously issued by the
specialized construction agency affiliated to the Ministry of Construction of
Vietnam as requested by the certificate holders.
18. Organizations or individuals issued with
competency certificate or practicing certificate as prescribed by the 2014 Law
on Construction before the effective date of this Decree may continue operating
according to the fields and scope of their issued certificates until the expiry
dates thereon. In case the scope of a field is expanded as prescribed herein,
regulations herein shall apply.
19. Transitional provisions on amendments to the
Decree No. 06/2021/ND-CP:
a) The type of a construction work shall be
determined in accordance with regulations of law in force at the time a
decision on investment in the construction work is issued;
b) If the specialized construction agency has not
yet carried out inspection of acceptance testing or commissioning upon
completion of the construction work which has been commenced before the
effective date of this Decree and is subject to inspection of acceptance
testing or commissioning as prescribed in the Government’s Decree No.
06/2021/ND-CP, as amended in the Government’s Decree No. 35/2023/ND-CP dated
June 20, 2023, the authority competent to carry out such inspection of
acceptance testing or commissioning tasks shall be determined according to
regulations herein. If the specialized construction agency is organizing the
inspection of acceptance testing or commissioning upon completion of the
construction work, this agency shall continue performing the ongoing
inspection.
Article 123. Amendments to Government’s Decree
No. 06/2021/ND-CP dated January 26, 2021 elaborating regulations on management
of quality, execution and maintenance of construction works, and Government’s
Decree No. 39/2010/ND-CP dated April 07, 2010 prescribing management of spaces
for construction of underground urban works
1. Some Articles of the Government’s Decree No. 06/2021/ND-CP
dated January 26, 2021 elaborating regulations on management of quality,
execution and maintenance of construction works, as amended in the Government’s
Decree No. 35/2023/ND-CP dated June 20, 2023 are amended as follows:
a) Clause 2 is amended, clauses 2a, 2b, 2c and 2d
are added following clause 2 Article 24 as follows:
"2. Authority to conduct inspection:
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b) The specialized construction agencies affiliated
to specialized construction work-managing ministries shall take charge of
conducting inspection of the works as assigned by the Prime Minister,
special-grade works falling under their management as prescribed in clause 3
Article 52 of this Decree, and take charge of conducting inspection of other
works at the request of employers as prescribed in clause 2d of this Article,
except those works prescribed in point a of this clause, works belonging to
those construction investment projects that only require technical-economic
report and repair and refurbishment works;
c) The specialized construction agencies affiliated
to provincial-level People's Committees shall take charge of conducting
inspection of the works located in their responsible areas as prescribed in
clause 4 Article 52 of this Decree, except those works prescribed in points a
and b of this clause; provincial-level People's Committees may also delegate
specialized agencies affiliated to district-level People's Committees to
perform such inspection tasks;
d) The Minister of National Defense of Vietnam,
Minister of Public Security of Vietnam shall provide for the authority to
conduct inspection of the works serving national defense and security purposes.
2a. In some specific cases prescribed in this
clause, the authority to conduct inspection of the works specified in point b,
point c clause 1 of this Article shall not be subject to provisions of clause 2
of this Article but the following provisions:
a) Regarding a work in a specialized field under
the jurisdiction of a specialized construction work-managing ministry and is
subject to the investment decision granted by this ministry, the specialized
construction agency affiliated to this ministry shall take charge of inspecting
acceptance testing or commissioning of this work;
b) The specialized construction agency affiliated
to the Ministry of Transport of Vietnam shall take charge of conducting
inspection of the works in the fields of aviation, railway and maritime, except
those works specified in point dd of this clause;
c) The specialized construction agency affiliated
to the Ministry of Agriculture and Rural Development of Vietnam shall take
charge of conducting inspection of hydraulic structure works and flood control
system works with investment objectives and scope of operation/protection
involving at least 02 provinces;
d) The specialized construction agency affiliated
to the Ministry of Industry and Trade of Vietnam shall take charge of
conducting inspection of energy works at sea, as prescribed by the law of the
sea and relevant specialized laws, which fall beyond the jurisdiction of
provincial-level People’s Committees;
dd) The specialized construction agency affiliated
to Hanoi City People’s Committee or Ho Chi Minh City People’s Committee shall
take charge of conducting inspection of the works belonging to projects using
public investment capital in which the investment is decided by or with
authorization of its Chairperson;
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2b. If a construction investment project or a
constituent project, in case a construction investment project is divided into
multiple constituent projects, comprises multiple works prescribed in point b,
point c clause 1 of this Article of different types and grades, the authority
to conduct inspection of the works belonging to the project shall be the
authority competent to conduct inspection of the main standalone work of the
highest grade of that construction investment project or constituent project.
In case there are multiple main works of the same grade which is considered the
highest one, the authority to conduct inspection of the works belonging to the
project shall be the authority competent to conduct inspection of the main work
which is used as the basis for determining the authority taking charge of
appraising the feasibility study report.
2c. In case a construction work involves at least
02 provincial-level administrative divisions and does not fall under the
authority to conduct inspection of specialized construction agencies affiliated
to specialized construction work-managing ministries, the employer shall send
the notice of commencement date and application for inspection of acceptance
testing or commissioning of the finished work item or the entire work to the
specialized construction agency affiliated to the provincial-level People’s
Committee that carried out appraisal of its feasibility study report.
2d. Regarding a construction investment project
comprising grade-I works, the employer may send the notice of commencement date
or application for inspection of acceptance testing or commissioning of the
finished work item or the entire work to a specialized construction agency
affiliated to the specialized construction work-managing ministry for
inspection. Only one specialized construction agency shall be requested to
carry out inspection of all works belonging to the project.”.
b) Clause 5 Section II of Appendix I is amended as
follows:
"5. Energy works:
A standalone work, complex of works or
technological line within the following facilities: Hydropower plants, thermal
power plants, nuclear power plants; wind power plants, solar power plants
(excluding power generating equipment installed on the roof of works),
geothermal power plants, tidal power plants, waste-to-energy power plants
(excluding solid waste treatment sites), biomass power plants; biogas power
plants; cogeneration plants; heat, gas, compressed air supply plants; power
transmission lines and transformer stations; stores/stations retailing
gasoline, oil, liquefied gas and other fuel and energy types; battery supply
stations; charging stations (excluding charging equipment/points installed to
the works or work items to serve public utilities and used for vehicles, other
instruments, vehicles or for personal use).”
c) Clause 7 Section III of Appendix II is amended
as follows:
"7. Land reclamation works.”
2. Clause 4 Article 2 of
the Government’s Decree No. 39/2010/ND-CP dated April 07, 2010 prescribing
management of spaces for construction of underground urban works is amended as
follows:
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Article 124. Effect
1. This Decree comes into force from the day on
which it is signed.
2. The following Decrees cease to have effect from
the effective date of this Decree, including:
a) Government’s Decree No. 15/2021/ND-CP dated
March 03, 2021 elaborating regulations on management of construction investment
projects;
b) Government’s Decree No. 53/2017/ND-CP dated May
08, 2017 prescribing some lawful land-related documents required for issuance of
construction permit.
3. Some Articles and clauses of these Decrees are
abrogated:
a) Article 12, Appendix VI, Appendix VII of the
Decree No. 35/2023/ND-CP dated June 20, 2023 providing amendments to Decrees in
fields under state management of the Ministry of Construction;
b) Points b, c clause 3 Article 111 of the
Government’s Decree No. 102/2024/ND-CP dated July 30, 2024 elaborating some
Articles of the Land Law.
4. Ministers, heads of ministerial agencies, heads
of Governmental agencies, and Chairpersons of People’s Committees of provinces
or central-affiliated cities are responsible for the implementation of this
Decree.
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ON BEHALF OF
THE GOVERNMENT
PP. PRIME MINISTER
DEPUTY PRIME MINISTER
Tran Hong Ha