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THE
NATIONAL ASSEMBLY
OF VIETNAM
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THE
SOCIALIST REPUBLIC OF VIETNAM
Independence - Freedom – Happiness
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Law
No. 135/2025/QH15
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Hanoi,
December 10, 2025
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LAW ON CONSTRUCTION
Pursuant to the Constitution of
the Socialist Republic of Vietnam, as amended by the Resolution No.
203/2025/QH15;
The National Assembly of Vietnam
hereby promulgates the Law on Construction.
Chapter I
GENERAL PROVISIONS
Article 1.
Scope
This Law deals with construction
activities; rights, obligations and responsibilities of authorities,
organizations and individuals in performing construction activities, and state
management of construction activities.
Article 2.
Regulated entities
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Article 3.
Definitions
For the purposes of this Law, these
terms are construed as follows:
1. “construction activities” include
formulation, verification, appraisal and approval of construction investment
projects and construction designs; construction survey; management of grant of
construction permits; execution of construction works and supervision thereof;
management of construction investment projects; management of capability to
perform construction activities; management of construction investment costs;
management of construction contracts; acceptance testing and transfer of works
for putting into operation or use; final statement of investment capital;
warranty and maintenance of construction works, and other activities related to
construction works.
2. “construction work” means
a product constructed according to design, created by human labor and with construction
materials and equipment installed therein, and affixed to land, which possibly
includes underground and surface components, underwater and water surface
components.
3. “technical infrastructure
system” includes traffic works, telecommunications works, works for energy
supply, public lighting, water supply and drainage, solid waste collection and
treatment, cemetery, and other technical infrastructure works.
4. “social infrastructure
system” includes works for healthcare, culture, education, sports,
commerce, service provision, parks and other works intended for public use.
5. “investment decision-maker” means
an individual or representative of an authority, organization or enterprise who
is competent to approve projects and make construction investment decisions in
accordance with regulations of law.
6. “construction investment
project” means a collection of proposals concerning use of capital for
performing construction activities, including construction of new works,
upgrading, expansion, repair, renovation or relocation of existing works with a
view to maintaining, developing and raising the quality of the works or
products/services within a given period of time and at predetermined costs.
7. “urban area construction
investment project” means a project on investment in and construction
of a new urban area or renovation and upgrading of an existing urban area,
ensuring the synchronization of technical and social infrastructure systems
with housing works according to urban and rural plannings approved by competent
authorities.
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9. “formulation of construction
investment project” includes the preparation of a pre-feasibility study
report, investment policy proposal report, or project proposal to serve as the
basis for making a decision on or approving an investment policy; the
preparation of a construction investment feasibility study report (hereinafter
referred to as “feasibility study report”) or construction investment
technical-economic report (hereinafter referred to as “technical-economic
report”) to serve as the basis for making an investment decision, as well as
the performance of other necessary tasks for the preparation of investment and
construction.
10. “preliminary design” means
a design that presents ideas for the construction of a work, technological
lines, and equipment.
11. “fundamental design” means
a design that presents the primary technical specifications in conformity with
applicable standards and technical regulations.
12. “Front-End Engineering
Design (FEED)” means a design that is prepared for a project having
technological design to provide specific requirements regarding technological
plans and technical specifications of technological equipment; demonstrates
solutions, technical specifications and main materials in conformity with
applicable standards and technical regulations.
13. “engineering design”
means a design that fully presents solutions, technical specifications and
materials used in conformity with applicable standards and technical regulations.
14. “construction drawing
design” means a design that fully presents technical specifications,
materials used and structural details in conformity with applicable standards
and technical regulations, ensuring all conditions for execution of a construction
work.
15. “verification” means a
process by which an organization or individual examines, assesses and draws
conclusions about necessary professional contents during the preparation and
implementation of a construction investment project at the request of the
investment decision-maker, employer, or specialized construction agency.
16. “appraisal” means a
process by which the investment decision-maker, employer, specialized
construction agency, or appraisal council organizes and carries out examination
and assessment of necessary contents during the preparation and implementation
of a construction investment project to serve as the basis for the competent
authority, organization or person to consider making construction investment
decision or approving construction design.
17. “authorities in charge of
state management of construction activities" (hereinafter referred to as
“construction authorities”) include Ministry of Construction of Vietnam,
People's Committees of provinces or cities (hereinafter referred to as
“provincial-level People's Committees”) and People's Committees of communes,
wards or special zones (hereinafter referred to as “commune-level People’s
Committees”).
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19. “specialized construction
agency” means a specialized agency assigned to manage the construction and
affiliated to a specialized construction work-managing Ministry, provincial-level
People’s Committee, commune-level People’s Committee; management board of an
industrial park, export processing zone, hi-tech zone or economic zone, or
another agency according the Government's regulations.
20. “specialized agency
affiliated to investment decision-maker” means an agency or organization
that has expertise relevant to the nature and contents of a project and is
tasked by the investment decision-maker with appraisal.
21. “construction permit” means
a document granted by a competent authority to an employer for construction of
a new work, or repair, renovation or relocation of an existing work.
22. “execution of construction
work” means the process of carrying out the construction of and
installation of construction equipment and technological equipment in a work;
and the demolition of a construction work.
23. “construction equipment” means
equipment installed in a construction work according to its construction
design.
24. “technological equipment”
means equipment included in the technological line installed in a construction
work according to its technological design.
25. “contractor in construction
activities” (hereinafter referred to as “contractor”) means an organization
or individual, or a consortium or joint venture established by organization(s)
and/or individual(s), that engages in performance of construction activities
under a construction contract.
26. “main contractor in
construction activities” (hereinafter referred to as “main contractor”) means
a contractor that enters into a construction contract directly with the
employer.
27. “subcontractor in
construction activities” (hereinafter referred to as “subcontractor”) means
a contractor that enters into a construction contract with a main contractor.
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29. “construction work incident”
means a damage that exceeds the allowable safety limit, putting the
construction work or supporting structures for the execution of the work at
risk of collapse, or resulting in the partial or total collapse of the work
during the execution of the construction work or its operation and use.
30. “danger zones in execution
of construction work” mean areas within or surrounding the construction
site where potential hazards may arise and cause harm or damage to human, the
construction work, property, equipment and/or facilities during the execution
process; these zones are determined according to applicable standards,
technical regulations and measures for execution of the construction work.
Article 4.
Application of Law on Construction and relevant laws
1. Any construction activities
performed in the territory of Vietnam must comply with provisions of the Law on
Construction.
2. Contents about construction
contracts which are not specified in this Law shall comply with provisions on
contracts laid down in the Law on Bidding, the Law on Public-Private
Partnership Investment and the Civil Code.
3. If any provisions of this Law
are different from those of the Law on Investment regarding construction
investment projects implemented following special investment procedures, the
latter shall apply.
4. If any provisions of this Law
are different from those of the Law on Railway Transport regarding projects on
investment in and construction of national and local railway lines, the latter
shall apply.
5. If any law or resolution passed
by the National Assembly of Vietnam after the date of entry into force of this
Law needs to include regulations on construction activities other than those
laid down in this Law, cases of compliance or non-compliance with regulations
of this Law must be specified.
Article 5.
Basic principles of construction activities
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2. Rationally use resources and
natural resources available in the area where the project is located, ensuring
proper purposes, subjects and sequence of construction investment.
3. Comply with applicable standards
and technical regulations on construction activities.
4. Ensure the safety and quality of
construction works, human lives and health, and cause no harm or damage to
property of other organizations and individuals; ensure the compliance with
regulations on fire safety, and environmental protection.
5. Ensure the synchronous
construction of items within each construction work, as well as the
synchronization of construction works with technical and social infrastructure
systems.
6. Ensure the openness,
transparency and efficiency; prevent and combat corruption, waste and
misconduct in construction activities.
7. Clearly distinguish the state
management of construction activities from the management roles of investment
decision-makers and employers in a manner suitable to each form of investment.
Article 6.
Types and grades of construction works
1. Types of construction works
shall be determined by structural characteristics and functions of the
construction works.
2. Grades of construction works
shall be determined for each type of construction works, including:
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The Minister of Construction shall
elaborate this point;
b) Grades of construction works
serving the construction design are provided for in applicable standards and
technical regulations; grades of construction works serving other management
tasks shall be determined in accordance with relevant laws.
Article 7.
Standards and technical regulations on application of science, technology, and
digital transformation to construction activities
1. Standards shall be applied to
construction activities following the rule of voluntariness, except those
standards referred to in technical regulations or other relevant legislative
documents.
2. Standards applied to
construction investment projects or construction works must be considered and
approved by investment decision-makers or employers in conformity with the
construction investment process, ensuring satisfaction of the following
requirements:
a) Requirements laid down in
national technical regulations and regulations of relevant laws are met;
b) The compatibility and
feasibility of the applied standards are ensured.
3. Research and application of
science, technology, innovation and digital transformation in construction
activities shall be required to meet the following requirements:
a) Ensure that applied technologies
are advanced, modern and capable of serving environmental protection and
sustainable development;
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4. Specialized construction
work-managing Ministries shall formulate and update national technical
regulations and standards applicable to specialized construction works in
accordance with regulations of law on standards and technical regulations,
ensuring their relevance to current conditions and trends in science and
technology development.
Article 8.
Construction materials
1. The development, production, and
use of construction materials must ensure safety, efficiency, environmental
friendliness and rational use of resources.
2. Materials and structural
components used in a construction work must comply with the approved
construction designs and technical instructions (if any), and meet quality
requirements in accordance with regulations of law on standards and technical
regulations, and law on quality of products and goods.
3. Construction materials used for
production, manufacturing or processing of semi-finished products must comply
with clauses 1 and 2 of this Article.
4. Priority is given to the use of
local construction materials to ensure investment efficiency, domestically
manufactured and processed construction materials and products, and products
with a high level of domestic content.
Article 9.
Employers
1. For a public investment project,
the employer shall be the construction investment project management board
affiliated to the investment decision-maker or the agency or organization
assigned by the investment decision-maker to organize and manage the
construction investment project. Such assigned agency or organization must meet
relevant eligibility requirements for a employer according to the Government’s
regulations.
2. For a public-private partnership
investment project (hereinafter referred to as “PPP project”):
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b) If the PPP project enterprise is
not yet established, the employer shall be the investor selected according to
regulations of the Law on Public-Private Partnership Investment.
3. For a construction investment
project falling within the governing scope of the Law on Investment for which
investor selection or investment registration procedures are required, the
employer shall be the investor selected or approved according to regulations of
the Law on Investment or the Law on Bidding or the Land Law or other relevant
laws.
4. For a project other than those
prescribed in point 1, 2 and 3 of this Article, the employer shall be the
organization or individual that funds the project or that is assigned to
organize, manage and use funds for performing construction investment activities.
Article 10.
Insurance in construction activities
1. Compulsory insurance in
construction activities shall be subjected to the following provisions:
a) Insurance for the work during
the construction period shall be purchased by the employer for a work
significantly affecting the community safety and interests; a construction work
posing a high risk of causing adverse environmental impacts or posing a risk of
causing adverse environmental impacts as prescribed by the Law on Environmental
Protection; or a large-scale and complex engineering work. The employer is
entitled to assign the contractor to purchase insurance for the work during the
construction period;
b) Professional liability insurance
for construction consultant in respect of such tasks as construction survey and
construction design of a construction work of grade II or higher shall be
purchased by the consultant;
c) Insurance for employees working
at the construction site and third-party civil liability insurance shall be
purchased by the contractor in charge of execution of the construction work
(herein after referred to as “construction contractor”).
2. Employers, consultants and
construction contractors are encouraged to purchase other types of insurance in
construction activities in addition to such compulsory insurance types
specified in clause 1 of this Article.
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Article 11.
Incentive policies in construction activities
1. Construction activities
performed to preserve, embellish and promote the value of historical and
cultural relics, and famous landscapes; for construction of social housing; and
those performed under plannings in mountainous areas, islands, areas facing
socio-economic difficulties or special socio-economic difficulties, and areas
adversely affected by climate change, are encouraged.
2. Engagement by entities of
different economic sectors in the performance of construction activities shall
be encouraged and facilitated.
3. A number of public services
provided by regulatory authorities in construction activities shall be
gradually transferred to qualified socio-professional organizations.
4. The State shall adopt mechanisms
and policies to encourage and give incentives for research, investment in the
development, and use of new construction materials, recycled, green, light,
smart, and eco-friendly materials, and those materials suitable for coastal
areas and islands, ensuring sustainable development and safeguarding national
defense and security; construction and certification of green buildings, smart
buildings, and energy- and resource-efficient buildings which meet
environmental protection requirements; development of smart and green-growth
cities that are resilient to climate change and oriented towards sustainable
development.
5. Research and application of
construction engineering and technologies, advanced science and technology, as
well as innovation to construction activities are encouraged.
Article 12.
International cooperation in construction activities
1. Domestic organizations and
individuals are encouraged to expand international cooperation in construction
activities, transfer of technologies, techniques, managerial experiences and
use of new materials.
2. The State shall facilitate the
conclusion and implementation of treaties and international agreements in
construction activities between domestic organizations or individuals and
foreign organizations or individuals on the basis of ensuring the fundamental
principles in construction activities; and the protection of Vietnamese
construction brands overseas in accordance with regulations of law.
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Article 13.
Force majeure events and fundamental changes in circumstances in construction
activities
1. Force majeure events in
construction activities include:
a) Disasters, environmental
disasters;
b) Fires, epidemics;
c) States of national security or
social order and safety emergency, and states of national defense emergency;
d) Strikes, embargoes, blockades;
dd) Activities related to the
discovery of antiquities and archaeology;
e) Other cases as prescribed by
relevant laws.
2. Fundamental changes in
circumstances in construction activities include:
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b) Unforeseeable geological
conditions;
c) Other cases as prescribed by
relevant laws.
3. Determination of such events and
circumstances in clauses 1 and 2 of this Article must comply with regulations
of the Civil Code regarding force majeure events and performance of contract
upon occurrence of fundamental changes in circumstances.
Article 14.
Development of information system and national database on construction
activities
1. The national database on
construction activities is a platform used for carrying out digital
transformation in management of construction activities. Data and information
in the national database on construction activities are provided as original
references for use in procedures related to urban and rural planning;
construction activities; formulating, promulgating, reviewing, and updating
construction norms, construction prices and price indices; formulating and
promulgating national technical regulations under the management of the
Ministry of Construction; and other procedures and activities related to
construction investment in accordance with regulations of law.
2. The information system and
national database on construction activities must be developed during the
handling of administrative procedures related to construction activities
specified in clause 1 of this Article, and must be regularly updated; ensure
synchronization and connectivity with national databases on land, planning, and
other relevant national and specialized databases; support management and
administration tasks; and meet requirements regarding openness, transparency,
and rights to access information of authorities, organizations and citizens.
3. The Government shall provide
detailed regulations on development, management, operation and use of the
information system and national database on construction activities.
Article 15.
Prohibited acts
1. Carry out construction works in
areas in which construction is prohibited as prescribed in this Law or another
relevant law.
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3. Commence construction works
without meeting the conditions for such commencement as prescribed herein.
4. Produce or use construction
materials which do not meet quality requirements, causing harm to the health of
communities and the environment.
5. Violate regulations on
occupational safety, property, fire safety, security, public order and
environmental protection in construction sector.
6. Use the works for purposes or
functions other then their intended ones, unless permitted by competent
authorities; build, expand or encroach upon areas or spaces which are lawfully
managed and used by another organization or individual, as well as public or
shared-use areas.
7. Give or take bribes in
construction activities; abuse other juridical or natural persons to
participate in construction activities; make arrangements or enter into
collusion to falsify the results of project formulation, survey, design or
supervision of execution of construction works.
8. Abuse one’s position or
authority to violate regulations of law on construction; conceal or delay the
handling of violations against regulations of law on construction.
9. Obstruct lawful construction
activities.
10. Deliberately make changes in
construction designs which have been duly appraised or approved, affecting
construction safety, environment, and fire safety.
Chapter II
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Section 1.
GENERAL PROVISIONS
Article 16.
Construction investment process
1. The construction investment
process of a project includes the following stages: project preparation,
project implementation and construction completion.
2. A project may be put under
investment phasing or divided into constituent projects; independent
constituent projects; independent compensation, support, residential
resettlement and site clearance projects (if any) for management and
implementation.
3. A competent authority shall,
depending on the nature and requirements of each project, decide the investment
phasing or division of the project as prescribed in clause 2 of this Article
when making decision on or approving the investment policy or when preparing
feasibility study report or technical-economic report.
Article 17. Classification
of construction investment projects
1. Construction investment projects
classified by the investment form, including:
a) Public investment projects;
b) PPP projects;
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d) Construction investment projects
falling under the governing scope of the Law on Investment, and construction
investment projects other than those specified in points a, b, and c of this
clause (hereinafter referred to as “business investment projects”).
2. Construction investment projects
classified by their scale and importance, including:
a) Projects of national importance;
projects whose investment policies are subject to the National Assembly’s
decision or approval;
b) Group-A, group-B and group-C
projects which are determined according to the relevant criteria set out in the
Law on Public Investment.
3. Construction investment projects
classified by their purposes and functions.
4. The Government shall elaborate
clause 3 of this Article and classification of projects funded by official
development assistance (ODA)/concessional loans granted by foreign donors for
management of construction activities.
Article 18.
Requirements attached to construction investment projects
1. Each construction investment
project must meet the following requirements:
a) Conform to the planning which is
used as the basis for project formulation (if any), except projects on routine
maintenance, or repair and renovation of existing construction works without
changing their objectives, scale and functions;
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c) Meet the requirements regarding
safety during construction, commercial operation and use of construction works,
fire safety, environmental protection, and response to climate change;
d) There are financial plans and
plans for mobilizing and allocating funds for efficiently implementing the
project according to the approved schedule.
2. In addition to the requirements
laid down in clause 1 of this Article, depending on the nature of each project
and the investment form, construction investment projects must also comply with
other regulations of relevant laws.
Article 19.
Construction design
1. Construction design may involve
one or more steps. The number and order of design steps shall be decided by the
investment decision-maker during the formulation of the construction investment
project or by the employer when proceeding with construction design steps after
the investment project has been approved. For a project which only requires
technical-economic report, the one-step design that is construction drawing
design shall apply.
2. Construction designs include:
a) Preliminary design;
b) Fundamental design;
c) FEED design;
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dd) Construction drawing design;
e) Other designs (if any).
Article 20.
Requirements attached to construction design
1. A construction design must align
with design tasks and meet the requirements regarding the contents and level of
detail of each design type.
2. It must comply with applicable
standards and technical regulations on construction; satisfy the requirements
regarding functions and applicable technology (if any); construction safety;
fire safety; environmental protection, response to climate change, and other
engineering requirements specific to each design type.
3. For a project implemented under
a multi-step design process, each subsequent design step shall further
elaborate the previous one, and may be adjusted to meet efficiency and use
requirements, provided that such adjustments do not change the approved
objectives and scale, and continue to meet technical-economic requirements of
the project.
4. A construction design must also
meet requirements regarding maintenance of the construction works; and the plan
for management, commercial operation and use of the construction works;
Article 21.
Construction surveys
Construction surveys include:
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2. Engineering geological survey,
hydrogeological survey;
3. Hydrographic survey;
4. Existing condition survey of the
work;
5. Other survey tasks performed to
serve construction activities.
Article 22.
Requirements attached to construction survey
1. Survey tasks and technical plans
for construction survey must be developed to suit the type and grade of the
construction work, survey type, design step and the requirements of
construction design production.
2. A technical plan for
construction survey must meet requirements of construction survey tasks and
comply with applicable standards and technical regulations on construction
survey.
3. The construction survey work
must comply with the technical plan for construction survey, ensure safety and
environmental protection, meet requirements of the approved construction survey
tasks, and be subject to examination, supervision and acceptance as prescribed.
4. Construction survey results
shall be compiled into a survey report, ensuring accuracy, objectivity, and a
true reflection of actual conditions, and shall be subject to approval.
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Article 23.
Formulation of construction investment projects
1. An employer or agency or
organization tasked with project preparation shall make a feasibility study
report or technical-economic report which shall be used as a basis for project
appraisal and approval, except the cases prescribed in clause 3 of this
Article.
2. A construction investment
project shall only require the technical-economic report in the following
cases:
a) The construction investment
project involves the work used for religious purpose, except the case specified
in clause 4 of this Article;
b) The construction investment
project has a small scale or simple technical nature as prescribed by the
Government;
c) Other cases as prescribed by
relevant laws.
3. Preparation of feasibility study
reports or technical-economic reports for the works which are used by
individuals or residential communities to directly serve their agricultural
production as prescribed by the Land Law or detached housing works of family households
or individuals is not required, except multi-storey or multi-apartment detached
housing works which are subject to project formulation requirements as
prescribed by the Housing Law or such detached housing works which are located
within protection zones of world heritage sites or monuments and subject to
project formulation requirements as prescribed by the Law on Cultural Heritage.
4. For projects on preservation,
renovation and restoration of monuments, preparation and appraisal of
feasibility study reports/technical-economic reports, and project approval
shall comply with regulations of the Law on Cultural Heritage.
5. Preparation and appraisal of
pre-feasibility study reports/investment policy proposal reports and project
proposals as the basis for making of decisions on or approval for investment
policies shall comply with regulations of the Law on Public Investment, the Law
on Public-Private Partnership Investment, the Law on Investment and other
relevant laws.
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1. A feasibility study report shall
consist of an explanatory section and the construction design.
2. The explanatory section shall,
inter alia, include the following primary contents:
a) Construction investment
necessity and objectives, construction site and area of land used, capacity
scale;
b) Factors constituting the
feasibility, efficiency, achievement of objectives and suitability for the
nature of the project;
c) Total investment, investment
capital sources and investment form;
d) Assessment of the project’s
impacts related to land appropriation, site clearance and resettlement (if
any); safety during construction; fire safety; environmental protection and
other necessary contents;
dd) The employer and project
management form, project implementation duration; planned investment phasing or
division of the project into constituent projects (if any).
3. The construction design forms
part of the feasibility study report shall be fundamental design, except the
case specified in clause 4 of this Article.
4. Depending on the project’s
requirements, the investment decision-maker shall decide to use FEED design or
engineering design as a substitute for the fundamental design included in the
feasibility study report.
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1. A technical-economic report
shall consist of an explanatory section, construction drawing design and
technological design (if any).
2. The explanatory section shall
indicate the necessity of investment, construction objectives, construction
site, area of land used, scale, capacity, total investment, grade of the work,
solutions for execution of the construction work, site clearance plan,
construction safety, fire safety, environmental protection, capital sources,
construction duration, construction investment efficiency; employer and project
management form.
Article 26.
Appraisal of feasibility study reports and technical-economic reports
1. Appraisal of feasibility study
reports/technical-economic reports is required to form the basis for project
approval or making of construction investment decisions.
2. For PPP projects, competent
authorities shall carry out appraisal of feasibility study
reports/technical-economic reports in accordance with regulations of the Law on
Public-Private Partnership Investment.
3. For a public investment project,
the investment decision-maker shall assign its affiliated specialized agency or
affiliated agency or organization with appropriate expertise to carry out the
appraisal with the following subject matters:
a) Conformity of the feasibility
study report/technical-economic report with the investment policy (if any);
b) Factors constituting the
feasibility and efficiency of the project; determination of total construction
investment;
c) Conformity of the construction
design with construction design tasks;
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dd) Completion of
environment-related procedures as prescribed by the Law on Environmental
Protection;
e) Project management form;
g) Other contents as prescribed by
relevant laws and requested by the investment decision-maker;
h) The appraisal of a
technical-economic report must also include assessment of the satisfaction by
the construction drawing design of the requirements regarding safety of the
work and measures for ensuring safety of adjacent works; assessment of fire
safety design solutions as prescribed by the Law on Fire Safety, Search and
Rescue.
4. With respect to a business
investment project, the investment decision-maker shall assume responsibility
to organize the appraisal which includes the subject matters specified in
points a, c and d clause 3 of this Article, satisfaction of business and
investment requirements and compliance with regulations of other relevant laws.
5. Verification of construction
designs of the following works of construction investment projects is required
to form the basis for conducting appraisal:
a) Construction works significantly
affecting the community safety and interests, or projects involving large-scale
and complex engineering works, must undergo verification of construction
designs in terms of safety of the work, compliance with applicable standards
and technical regulations, and other contents as agreed upon the construction
contracts;
b) Works subject to appraisal of
fire safety designs as prescribed by the Law on Fire Safety, Search and Rescue
must undergo verification of construction designs to ensure that fire safety
design requirements are met.
6. For projects whose feasibility
study reports are subject to appraisal by specialized construction agencies as
prescribed in Article 27 of this Law, appraisal results given by specialized
construction agencies must be also submitted to investment decision-makers to
serve their consideration and making of decisions upon project approval.
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8. Apart from provisions of this
Article, construction investment projects included in the List of key projects
subject to national defense and security requirements as prescribed in clause 6
Article 28 of this Law must be also submitted to Ministry of National Defence
and/or Ministry of Public Security to seek their opinions about the project’s
satisfaction of national defense and security requirements before approving
such projects.
Article 27.
Appraisal of feasibility study reports by specialized construction agencies and
appraisal councils
1. The following projects must be
appraised by specialized construction agencies:
a) Public investment projects;
b) PPP projects;
c) Large-scale business investment
projects or those projects involving works significantly affecting the
community safety and interests as prescribed by the Government.
2. Appraisal of projects which only
require technical-economic reports as prescribed in clause 2 Article 23 of this
Law by specialized construction agencies is not required.
3. Regarding projects of national
importance or projects whose investment policies are subject to the National
Assembly’s decision or approval, Ministries or provincial-level People's
Committees are allowed to establish appraisal councils in charge of appraising
feasibility study reports for these projects.
4. Appraisal of a feasibility study
report shall mainly focus on the following subject matters:
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b) Regional technical
infrastructure connectivity;
c) Compliance with technical
regulations and application of standards as prescribed by law on technical
regulations and standards; factors constituting the construction safety of the
construction design; assessment of fire safety design solutions as prescribed
by the Law on Fire Safety, Search and Rescue;
d) Compliance with regulations of
law on management of construction investment costs, in respect of public
investment projects and PPP projects.
Article 28.
Approval of projects, grant of construction investment decisions, and
adjustment of construction investment projects
1. Depending on the investment
forms, the authority to approve projects or make construction investment
decision shall be determined according to regulations of the Law on Public
Investment, the Law on Public-Private Partnership Investment, and other
relevant laws. Investment decision shall be included in the decision on
approval of construction investment project.
2. A public investment project may
be adjusted in the following cases:
a) The State makes changes in their
policies or laws, resulting in an increase in total investment of the project,
or there are changes in investment policies made by a competent authority;
b) Adjustments to the planning used
as the basis for project formulation directly affect the investment scale
and/or construction site of the project;
c) There is any change in
investment scale or objectives, an increase in total investment or extension of
project implementation duration as a result of a force majeure event or
fundamental change in circumstances in construction activities as prescribed in
Article 13 of this Law;
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dd) The price index quoted during
the project implementation is higher than the one used for calculation of
contingencies for price escalation included in the project’s total investment
decided by a competent authority, resulting in an increase in total
construction investment.
3. Adjustment of PPP projects shall
comply with provisions of the Law on Public-Private Partnership Investment.
4. Adjustment of business
investment projects shall be subject to decisions issued by the investment
decision-makers.
5. The Government shall elaborate
formulation, appraisal, approval and adjustment of construction investment
projects.
6. The Minister of National Defense
and Minister of Public Security shall issue regulations on appraisal of
feasibility study reports and technical-economic reports of construction investment
projects serving national defense and security purposes in conformity with
particular management requirements; promulgate the List of key projects subject
to national defense and security requirements.
Section 3.
MANAGEMENT OF CONSTRUCTION DESIGN DEVELOPED UPON PROJECT APPROVAL
Article 29.
Appraisal and approval of construction designs
1. The employer shall take charge
of appraisal, control and approval of the construction design after the project
is approved.
2. Sub-projects that use public
investment capital of a PPP project as defined in the Law on Public-Private
Partnership Investment shall be managed in the same manner as constituent
projects of that PPP project. Preparation, appraisal and approval of
construction designs and construction cost estimates shall comply with
provisions of the Law on Public-Private Partnership Investment.
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4. Employers shall assume
responsibility to comply with the requirements laid down in laws on fire
safety, search and rescue, environmental protection, national defense and
security, and other relevant laws.
5. The Minister of National Defense
and the Minister of Public Security shall stipulate the authority and
procedures for production, appraisal, approval and adjustment of construction
designs of the construction investment projects serving national defense and
security purposes.
Article 30.
Subject matters of appraisal of construction design by employer
1. Regarding construction works of
a public investment project, the employer shall carry out an appraisal of the
following subject matters:
a) Satisfaction of the requirements
of design tasks;
b) Conformity of the construction
design developed upon project approval with the construction design included in
the feasibility study report;
c) Compliance with relevant
applicable standards, technical regulations, and regulations of law on use of
construction materials;
d) Assessment of the safety of
load-bearing structures and the safety of adjacent works; assessment of fire
safety design solutions as prescribed by the Law on Fire Safety, Search and
Rescue;
dd) Conformity of the estimated main
quantity with the designed quantity; conformity of the estimated costs of the
construction work with total construction investment; determination of
estimated costs of the construction work;
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2. Regarding construction works of
PPP projects or business investment projects, subject matters of appraisal
shall comply with the Government’s regulations.
Article 31.
Adjustment of construction design developed upon project approval
1. A construction design may be
adjusted in the following cases:
a) Adjustment of the construction
investment project results in adjustment of the construction design;
b) During the execution of the
construction work, the construction design must be adjusted to ensure quality
of the construction work, and meet efficiency and use requirements of the
project.
2. Employers shall decide the
adjustment of construction designs as prescribed in clause 1 of this Article.
Adjusted construction designs must be appraised and approved in accordance with
provisions of Article 29 of this Law.
3. The Government shall elaborate
formulation, appraisal, approval and adjustment of construction designs
developed upon project approval.
Section 4.
MANAGEMENT OF IMPLEMENTATION OF CONSTRUCTION INVESTMENT PROJECTS
Article 32.
Forms of organization of management of construction investment projects
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a) Construction investment project
management board;
b) The employer organizes the
project management by hiring a project management consultant or establishing
its affiliated project management board or performing the project management
tasks themselves.
2. The construction investment
project management board specified in point a clause 1 of this Article is
assigned by the investment decision-maker to concurrently or continuously
manage a number of projects of the same sector or in the same administrative division;
may provide project management consultancy when satisfying relevant eligibility
and competency requirements as prescribed.
Article 33.
Contents of construction investment project management
1. Contents of construction
investment project management shall include management of the scope and plan
for tasks; volume of tasks; construction quality; implementation schedule;
construction investment costs; safety during execution of construction works;
environmental protection during construction; contractor selection and
construction contract, and other necessary contents in accordance with this Law
and other relevant laws.
2. The employer shall undertake or
assign the project management board or the project management consultant to
undertake a part or all of the project management contents prescribed in clause
1 of this Article.
Article 34.
Management of schedule for implementation of construction investment projects
1. The investment decision-maker
shall decide the implementation duration and schedule upon project approval
(including cases of adjustment) which must ensure the feasibility of the
project, and comply with policies approved by a competent authority or
regulations of other relevant laws.
2. The employer and the
construction contractor shall draw up a schedule plan for execution of the
construction works and manage the project implementation to ensure it aligns
with the approved schedule.
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Section 5.
RIGHTS, OBLIGATIONS AND RESPONSIBILITIES OF ENTITIES INVOLVED IN MANAGEMENT OF
CONSTRUCTION INVESTMENT PROJECTS
Article 35.
Rights, obligations and responsibilities of project formulation consultants,
design consultants and project management consultants
1. Project formulation consultants,
design consultants and project management consultants shall have the following
rights:
a) Request employers, or agencies
or organizations tasked with project preparation, and relevant parties to
provide information and documents relating to assigned consultancy tasks;
b) Have the intellectual property
rights over their consultancy products protected in accordance with regulations
of law;
c) Reject unlawful requests of
employers;
d) Subcontract part of consultancy
tasks in accordance with terms and conditions of construction contracts;
dd) Exercise other rights as stated
in construction contracts and prescribed by relevant laws.
2. Project formulation consultants,
design consultants and project management consultants shall discharge the
following obligations and responsibilities:
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b) Assume responsibility for
results and quality of the tasks performed as stated in construction contracts
and as prescribed by law;
c) Assume responsibility for
quality of the tasks performed by subcontractors (if any). Subcontractors shall
assume responsibility for results of the tasks performed before the main
contractor and the law;
d) Pay compensation for damage
caused to employers due to use of inappropriate information, documents,
standards, technical regulations and/or engineering solutions, failure to meet
requirements regarding results and quality of tasks performed, or breaches of
construction contracts;
dd) Discharge other obligations and
responsibilities as stated in construction contracts and prescribed by relevant
laws.
Article 36.
Rights, obligations and responsibilities of verification consultants
1. Verification consultants shall
have the following rights:
a) Request employers, or
organizations or individuals responsible for formulating projects or producing
construction designs to provide, clarify or explain information for
verification purposes;
b) Reserve verification results and
reject requests to falsify verification results or requests falling beyond
their capacity or the scope of verification tasks;
c) Exercise other rights as stated
in construction contracts and prescribed by relevant laws.
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a) Carry out verifications with
adequate contents as required by construction contracts;
b) Explain and clarify verification
results to support the performance of project appraisal tasks;
c) Assume responsibility before the
law and employers for adequacy, accuracy, truthfulness, quality and contents of
verification reports;
d) Pay compensation for damage
caused to employers due to inaccurate information in their verification reports
or breaches of construction contracts;
dd) Discharge other obligations and
responsibilities as stated in construction contracts and prescribed by relevant
laws.
Article 37.
Rights, obligations and responsibilities of construction survey contractors
1. Construction survey contractors
shall have the following rights:
a) Request employers and relevant
parties to provide relevant data and information in accordance with
construction contracts to support construction surveys;
b) Reject requests falling beyond
the scope of construction survey contracts;
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d) Exercise other rights as stated
in construction contracts and prescribed by relevant laws.
2. Construction survey contractors
shall discharge the following obligations and responsibilities:
a) Strictly comply with
construction survey requirements in accordance with this Law and construction
contracts;
b) Propose and add construction
survey tasks when detecting factors directly affecting design solutions;
c) Take responsibility for results
and quality of construction surveys they have conducted; take responsibility
for managing the quality of surveys conducted by subcontractors (if any) and
survey results provided by subcontractors. When participating in construction
surveys, subcontractors shall take responsibility for survey results before the
main contractor and the law;
d) Pay compensation for damage
caused by improper performance of survey tasks, use of inappropriate
information, documents, standards and/or technical regulations on construction
survey, or breaches of construction contracts;
dd) Discharge other obligations and
responsibilities as stated in construction contracts and prescribed by relevant
laws.
Article 38.
Rights and responsibilities of agencies in charge of appraisal of feasibility
study reports and technical-economic reports
1. Specialized agencies affiliated
to investment decision-makers or agencies or organizations assigned by
investment-decision makers to take charge of appraisal tasks shall have the
following rights:
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b) Request employers to hire
verification consultants or invite qualified and experienced organizations
and/or individuals to engage in the appraisal;
c) Reserve appraisal results, and
reject requests to falsify appraisal results or requests falling beyond their
capacity or the scope of appraisal tasks as prescribed.
2. Specialized agencies affiliated
to investment decision-makers or agencies or organizations assigned by
investment-decision makers to take charge of appraisal tasks shall have the
following responsibilities:
a) Appraise feasibility study
reports and technical-economic reports in accordance with regulations laid down
herein, and send consolidated opinions and appraisal results given by relevant
agencies and organizations to investment decision-makers for approving projects
or issuing construction investment decisions;
b) Take responsibility before the
law and investment decision-makers for results of the tasks they have
performed.
3. Appraisal councils and
specialized construction agencies shall have the following rights:
a) Request employers, relevant
organizations and individuals to clarify or explain information concerning
construction surveys, preparation and verification of feasibility study reports
to support the performance of appraisal tasks;
b) Request the planning or
architecture-managing agency of the administrative division where the project
is located to provide relevant planning information, when necessary;
c) Request employers to hire
verification consultants or invite qualified and experienced organizations and
individuals to engage in the appraisal, when necessary;
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4. Appraisal councils and
specialized construction agencies shall have the following responsibilities:
a) Carry out appraisal in
accordance with regulations laid down herein;
b) Send written notices of
appraisal opinions and results to employers and relevant authorities;
c) Take responsibility before the
law for the results of the tasks they have performed.
Article 39.
Rights and responsibilities of investment decision-makers
1. Investment decision-makers shall
have the following rights:
a) Approve projects or delegate or
authorize others to do so; decide determination of construction design types in
feasibility study reports of technical-economic reports or delegate or
authorize others to do so; take charge of final settlement of construction
investment capital. Such delegation and authorization of powers shall comply
with in accordance with regulations of the Law on Organization of the
Government, the Law on Organization of Local Governments, the Law on Public
Investment, the Law on Public-Private Partnership Investment, and other
relevant laws;
b) Reject to approve projects when
the investment objectives and project efficiency requirements are not met;
c) Suspend or terminate the
implementation of construction investment projects which have been approved or
are in progress if such suspension or termination is deemed necessary as
prescribed by law;
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dd) Exercise other rights as
prescribed by law.
2. Investment decision-makers shall
discharge the following responsibilities:
a) Organize project appraisal and
make construction investment decisions;
b) Ensure the availability of
capital for implementation of construction investment projects;
c) Examine the implementation of
construction investment projects by employers;
d) Assume responsibility before the
law for their decisions; within the ambit of their assigned powers, assume the
full responsibility for any matters that arise during the implementation and
upon completion and transfer of projects for putting into operation and use,
and final settlement of construction investment capital.
Article 40.
Rights, obligations and responsibilities of employers
1. Employers shall have the
following rights:
a) Formulate projects, produce and
verify construction designs, and conduct construction surveys in accordance
with regulations herein;
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c) Organize project formulation and
management;
d) Exercise other rights as
prescribed by law.
2. Employers shall discharge the
following obligations and responsibilities:
a) Select qualified and experienced
consultants on production and verification of construction designs, and
construction surveys as prescribed;
b) Determine the requirements and
contents of project formulation, construction survey, production and verification
of construction designs;
c) Provide necessary information
and documents for consultants on project formulation, construction survey,
production and verification of construction designs;
d) Organize check and acceptance of
results of project formulation, construction survey and construction design,
and retention of dossiers on construction investment projects, construction
designs and construction surveys;
dd) Properly execute construction
contracts; pay compensation for damage due to breaches of construction
contracts;
e) Examine and supervise the
project implementation; submit periodic reports on the project implementation
to investment decision-makers and competent regulatory authorities;
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h) Discharge other obligations and
responsibilities as stated in construction contracts and prescribed by relevant
laws.
Article 41.
Rights, obligations and responsibilities of construction investment project
management boards
1. Construction investment project
management boards shall have the following rights:
a) Request employers to provide
information and documents concerning their assigned project management tasks in
case they are not assigned to act as employers;
b) Exercise the rights to manage
projects as assigned;
c) Propose plans and solutions for
organizing project management, and submit the matters falling beyond their
competence to competent authorities to seek their resolution;
d) Hire qualified consultants to
participate in project management if deeming it necessary after obtaining
approval from employers in case they are not assigned to act as employers.
2. Construction investment project
management boards shall discharge the following obligations and
responsibilities:
a) Discharge the employer’s project
management obligations within the scope of their assigned tasks;
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c) Submit reports on performance of
tasks at the request of employers during the project management in case they
are not assigned to act as employers;
d) Assume responsibility before
investment decision-makers or employers in case they are not assigned to act as
employers and before the law for project management results. Consultants hired
to engage in project management shall assume responsibility for results of the
tasks they have performed before construction investment project management
boards and the law;
dd) Discharge other obligations and
responsibilities as prescribed by law.
Article 42.
Retention of construction work dossiers
1. Employers shall be responsible
for retaining appraisal dossiers, documents received from competent
authorities, and as-built documentation. Contractors engaged in construction
activities shall retain all documents on the tasks they have performed.
2. Documents used to serve the
management and use of a construction work shall be retained by the entity in
charge of managing and using such construction work for a period which is not
shorter than the service life of the work as prescribed by law.
3. The compilation and retention of
dossiers on construction works shall comply with provision of the Law on
Archives.
Chapter III
CONSTRUCTION PERMIT AND
CONSTRUCTION ORDER MANAGEMENT
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1. Construction permits include:
a) New construction permit;
b) Permit for repair, renovation or
relocation of works;
c) Definite-term construction
permit.
2. Before commencing their
construction work, the employer is required to obtain a construction permit,
except the following cases:
a) State-secret works; emergency or
urgent works; works belonging to special public investment projects; works
belonging to investment projects implemented following special investment
procedures; temporary construction works as defined in this Law; works built in
land areas dedicated to serve national defense and security purposes as
prescribed by the Land Law;
b) Works belonging to public
investment projects in which the construction investment is decided by the
Prime Minister, heads of central-level agencies of political organizations,
People’s Supreme Procuracy, People’s Supreme Court, State Audit Office of
Vietnam, Office of the President, Office of the National Assembly, Ministers,
heads of ministerial-level agencies, Governmental agencies, central-level
agencies of Vietnamese Fatherland Front and of socio-political organizations or
Chairpersons of People’s Committees at different levels;
c) Linear construction works
involving at least two provincial-level administrative divisions; linear
construction works located outside areas intended for urban development which
are determined according to urban and rural planning or detailed sector
planning approved by a competent authority or for which routing plans have been
approved by competent authorities;
d) Offshore works belonging to
offshore construction investment projects to which sea areas have been assigned
by competent authorities for project implementation; airports, works located
within airports, and air navigation works located outside airports;
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e) Construction works belonging to
construction investment projects for which feasibility study reports or
adjusted feasibility study reports have been appraised by specialized
construction agencies and approved as prescribed;
g) Grade-IV construction works or
detached housing works with a scale of less than 07 stories and a total construction
floor area of less than 500 m2, located in neither of the following
areas and zones: special-purpose zones or areas intended for urban development,
as defined in general plannings of cities; special-purpose zones, rural
residential areas or areas intended for urban development, as defined in
general urban planning of provinces or cities, or general planning for economic
zones and national tourism areas; construction areas subject to general
planning of communes; areas subject to architectural management rules in force;
h) Works involving repair and
renovation of their interior parts, or works involving repair and renovation of
their external parts not facing roads in urban areas, subject to architectural
management requirements laid down by competent regulatory authorities; such
repair and renovation activities do not alter the purposes, functions and
force-bearing structures of the works, meet fire safety and environmental
protection requirements, and must be capable of technical infrastructure connection.
3. Before commencing their
construction works, employers of the works specified in points a, b, c, d, dd,
e, g and h clause 2 of this Article must send commencement date notices (except
state-secrete works, emergency or urgent works, or temporary construction works
specified in point a clause 2 of this Article, and detached housing works of
family households or individuals) to construction authorities in charge of
areas where such works are located as delegated by provincial-level People's
Committees. To be specific:
a) Regarding the works specified in
points b and c clause 2 of this Article, commencement date notices shall be
sent;
b) Regarding the works specified in
points a, d, dd, e, g and h clause 2 of this Article, commencement date notices
accompanied with required documents of application for construction permit as
prescribed (excluding the application form for construction permit) shall be
sent.
Article 44.
Issuance of construction permit
1. In order to be issued with the
construction permits specified in clause 1 Article 43 of this Law, the
following conditions must be met:
a) The construction work is
conformable with land use purposes as prescribed by the Land Law;
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c) The construction design must
ensure the safety of the subject work and adjacent works; satisfy environmental
protection and fire safety requirements; and be capable of technical
infrastructure connection.
2. Definite-term construction
permits are issued to the works located in areas subject to the plannings in
effect as prescribed by the Law on Urban and Rural Planning or other detailed
sector plannings which have been approved and announced by competent regulatory
authorities but are yet to be implemented and for which land expropriation
decisions are yet to be issued by competent regulatory authorities.
3. The Government shall elaborate
conditions, authority, documentation requirements and procedures for issuance,
modification, extension, re-issuance, revocation, invalidation and disclosure
of construction permits.
Article 45.
Rights and responsibilities of authorities competent to issue construction
permits; responsibilities of agencies and organizations involved in issuance of
construction permits
1. Authorities competent to issue
construction permits shall have the following rights:
a) Request employers, or
organizations or individuals responsible for producing construction designs to provide,
clarify or explain information for issuance of construction permits;
b) Reject requests to falsify
processing results of applications for construction permit or requests falling
beyond the ambit of theirs assigned functions and tasks, or the scope of
issuance of construction permits as prescribed;
c) Examine the satisfaction of
relevant conditions as prescribed in this Law and send written requests for
opinions of regulatory authorities in charge of fields or sectors related to
the construction work in question in accordance with law.
2. Authorities competent to issue
construction permits shall discharge the following responsibilities:
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b) Monitor and return results of
processing of applications for construction permits, or notify employers of
their unsatisfactory applications;
c) Issue construction permits
according to the procedures and within the time limit prescribed;
d) Play the leading role and
cooperate with relevant agencies in examining the construction according to
construction permits; suspend the construction and revoke construction permits
within their competence;
dd) Persons competent to issue
construction permits shall bear legal responsibility and pay compensation for
damage caused by their issuance of construction permits against regulations or
delay in such issuance of construction permits in accordance with regulations
of law;
e) Examine the validity of
applications for construction permit.
3. Agencies and organizations
involved in issuance of construction permits shall discharge the following
responsibilities:
a) Give opinions about the fields
or sectors related to the subject construction works at the request of
authorities competent to issue construction permits in accordance with
regulations of law;
b) Take actions within their
competence as prescribed by law against the construction works built without
construction permits or against the issued construction permits.
Article 46.
Rights and obligations of applicants for construction permit
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a) Request authorities competent to
issue construction permit to explain and provide guidelines on, and comply with
regulations on issuance of construction permits;
b) File complaints, lawsuits and
denunciations against organizations or individuals committing violations
against regulations of law on issuance of construction permits;
c) Commence the construction works
in accordance with provisions of this Law.
2. Applicants for construction
permit shall discharge the following responsibilities:
a) Submit adequate documents as
required, and bear responsibility for the accuracy and truthfulness of
documents included in their applications for construction permit;
b) Make sure that the land use
rights and ownership of structures on land to be covered by the construction
permit are legitimate;
c) Pay fees for issuance of
construction permits as prescribed;
d) Notify the commencement of
construction works as prescribed in point dd clause 1 Article 48 of this Law;
dd) Properly comply with contents
of the issued construction permits.
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1. Construction order management
must be carried out from the receipt of the commencement date notice or from
the commencement of the construction work until the work is put under
acceptance testing and transferred for being put into operation and use, in order
to detect, prevent and promptly take actions against any violations.
2. Construction order management
must be carried out with adequate and appropriate contents for works that
require a construction permit and those that do not.
3. Provincial-level People's
Committees shall bear the full responsibility for managing construction order
with respect to works located in areas under their management; commune-level
People’s Committees shall bear the full responsibility for managing
construction order with respect to works located in areas delegated by
provincial-level People's Committees.
4. When a violation is detected,
the authority in charge of managing construction order must take actions
against the violation within their competence as prescribed by law.
Chapter IV
PROVISIONS ON
CONSTRUCTION WORKS
Section 1.
PREPARATION FOR CONSTRUCTION WORKS
Article 48.
Conditions for commencement of construction works
1. In order to commence a
construction work, except such works specified in clauses 2 and 3 of this Article,
the following conditions must be met:
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b) A construction permit issued
according to Article 43 of this Law is available;
c) There is an approved
construction drawing design for the work part or work item or the work to be
constructed;
d) The employer has signed
construction contracts with the contractors performing construction activities
related to the work to be constructed according to the execution schedule;
dd) The employer has sent a
commencement date notice in writing or online (except detached housing works of
family households or individuals) to the local construction authority.
2. Commencement of the following
construction works only requires meeting the condition set out in point a
clause 1 of this Article:
a) Emergency or urgent works and
works belonging to special public investment projects;
b) Works which must be commenced as
soon as possible according to the directives of competent authorities as
decided by the Prime Minister.
3. Commencement of detached housing
works of family households or individuals only requires meeting the condition
set out in point b clause 1 of this Article and on a condition that such works
are constructed on lawful land areas as prescribed by the Land Law.
Article 49.
Requirements attached to construction sites
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2. Construction contractors shall
manage the entire construction sites in accordance with regulations of law,
except cases where employers organize such management tasks.
3. Construction contractors shall
take measures to ensure occupational safety and health; safety of people and
vehicles entering and leaving the construction sites, gather and treat
construction waste in a proper manner without adversely affecting the
environment around the construction sites.
Section 2.
EXECUTION OF CONSTRUCTION WORKS
Article 50.
Requirements attached to execution of construction works
1. Comply with the approved
construction designs, technical regulations and standards applicable to
construction works, regulations of law on use of construction materials; ensure
satisfaction of requirements regarding load-bearing structures, fire safety,
safety during use, beautiful looking, environmental protection, and other
safety conditions as prescribed by law.
2. Ensure occupational safety and
health; safety of construction works, people, construction equipment, underground
works and adjacent works; adopt necessary measures to minimize loss of life and
property in case of incidents threatening safety of works during construction.
3. Adopt separate safety
engineering measures for work items and tasks subject to strict occupational
safety and fire safety requirements.
4. Use supplies and materials of
appropriate types to meet the requirements of construction designs during the
execution of construction works.
5. Conduct examination, supervision
and acceptance testing of construction tasks and important transitional stages
of execution of construction works when necessary, and acceptance testing of
completed work items or construction works before they are transferred for
putting into operation and use.
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1. Construction contractors shall
assume responsibility for ensuring occupational safety and health; safety of
construction works, property, equipment and vehicles during the execution of
construction works; environmental protection; and fire safety.
2. Employers shall organize the
supervision of construction contractors’ compliance with safety regulations;
temporarily suspend or halt the execution of construction works when detecting
any signs of violation against safety regulations, incidents threatening safety
of works; cooperate with contractors in handling and remedying consequences of
incidents or occupational accidents; promptly notify and cooperate with competent
regulatory authorities in responding to fatal construction work incidents or
occupational accidents.
3. Construction contractors shall
determine danger zones in execution of construction works; organize development
and submission of measures to ensure safety of people, construction works,
property, equipment and vehicles in danger zones in execution of construction
works to employers; review such safety measures in a periodical or ad hoc basis
and adjust them to suit execution conditions at construction sites.
4. In case boundaries of a danger
zone in execution of the construction work are located outside the construction
site, the employer shall send their approved safety measures to the relevant
specialized construction agencies to seek their examination or inspection
during the execution of construction work.
5. Machinery, equipment and
supplies used in execution of construction works which are subject to strict
occupational safety requirements must be inspected before they are put into
use.
Article 52.
Environmental protection during execution of construction works
In the course of execution of
construction works, construction contractors shall discharge the following
responsibilities:
1. Develop and implement
environmental protection measures during execution of construction works,
including air environment, water environment, solid waste, noise, and other
requirements prescribed by the Law on Environmental Protection;
2. Pay compensation for damage
caused by environmental pollution in accordance with regulations of law.
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1. The relocation of construction
works must comply with approved planning as prescribed by the Law on Planning
and the Law on Urban and Rural Planning, ensure the quality and safety of
relocated construction works, cause no impact on adjacent works, and meet
conservation requirements in respect of such works subject to conservation
requirements.
2. When relocating construction
works, employers or owners of the works must have valid relocation permits,
unless they are exempt from construction permit requirement.
3. Contractors carrying out the
relocation of construction works must adopt measures to ensure occupational
safety, safety of the relocated works and adjacent works, and environmental
protection.
Article 54.
Demolition of construction works
1. Construction works shall be
demolished in the following cases:
a) The demolition is carried out
for clearance of sites for construction of new or temporary works;
b) Works are at risk of imminent
collapse, posing a threat to the community and adjacent works; works must
undergo emergency demolition to promptly meet requirements regarding
prevention, control and recovery from disaster, catastrophe, epidemic or other
urgent tasks to ensure national defense and security, and external affairs
according to decisions issued by competent regulatory authorities;
c) Works are constructed in areas
where the construction is prohibited;
d) Works are constructed against
the planning as prescribed in the Law on Urban and Rural Planning or detailed
sector planning; works are constructed without construction permits as
required, or works are constructed against the issued construction permits;
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e) Detached housing works are
demolished for rebuilding;
g) Demolition of construction works
is carried out at the request of employers or owners of the works;
h) The designed service life of the
works has expired;
i) Other cases as prescribed by
relevant laws.
2. Responsibilities of parties
involved in the demolition of construction works are prescribed as follows:
a) Employers, owners, managers or
users of the works, or persons assigned to take charge of demolition tasks
shall organize the demolition of construction works; carry out the demolition
themselves or hire qualified consultants to develop and verify demolition plans
or solutions, and carry out the demolition; bear legal responsibility and pay
compensation for any damage caused by their fault;
b) Contractors assigned to carry
out the demolition shall develop demolition methods in conformity with the
approved demolition plans or solutions; carry out the demolition according to
such demolition methods and demolition decision or enforced demolition decision
(if any); carry out control and monitoring of works; ensure safety for people,
property, the demolished works and adjacent works; bear legal responsibility
and pay compensation for damage caused by their fault;
c) Persons competent to make
decisions on demolition of construction works shall bear legal responsibility
for consequences of their failure to issue demolition decisions, delay in
issuance of demolition decisions, or issuance of such decisions against
regulations of law;
d) Owners or users of the works
subject to demolition shall be required to comply with demolition decisions
issued by competent regulatory authorities; those failing to comply shall be
subject to forced demolition and bear all demolition costs.
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1. During the execution, operation
or use of a construction work, if any safety risk or risk of causing a work
incident affecting human lives, adjacent works, or the community is detected,
the employer, construction contractor, the manager or user of the work, and
competent regulatory authorities shall discharge the following
responsibilities:
a) Promptly order the cessation of
execution of the construction work, operation, or use of the work, and
implement measures to ensure safety of people and property;
b) Implement necessary measures to
limit and prevent potential safety risks to the work; promptly send
notification thereof to relevant competent organizations and individuals;
c) Protect the scene, except cases
where emergency remedial measures are deemed necessary to prevent further
damage.
2. Upon discovery or receipt of
notification of a construction work incident, the competent regulatory
authority and relevant organizations and individuals shall, within the ambit of
their tasks and powers, discharge the following responsibilities:
a) Promptly implement emergency
measures to respond to the incident;
b) The competent regulatory
authority shall organize an examination in order to determine the causes of the
incident and clarify the responsibilities of the organizations and
individuals at fault.
3. The execution, operation or use
of the work involving the incident may only continue when permitted by the
competent regulatory authority in charge of resolving the incident.
4. Any organization or individual
that is found to cause a construction work incident shall pay compensation for
damage and bear all relevant costs; may incur administrative penalties and be
liable to criminal prosecution in accordance with regulations of relevant laws.
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Article 56.
Supervision of execution of construction works
1. Construction works shall be
supervised in terms of quality, volume, schedule or progress, occupational
safety and environmental protection during their execution. Supervision of
execution of detached housing works of family households or individuals is
encouraged.
2. Supervision of execution of
construction works must satisfy the following requirements:
a) Acceptance testing of
construction tasks shall be carried out during the execution, and acceptance
testing of transitional stages must be also carried out when necessary;
b) Supervision is aimed at ensuring
that the execution of construction works is conformable with the approved
construction design, applicable standards and technical regulations,
regulations on management and use of construction materials, technical
instructions and the construction contract;
c) Supervision must be carried out
in an honest, objective and impartial manner.
3. Contractors selected to take
charge of supervision of execution of construction works (hereinafter referred
to as “supervision contractors”) shall propose supervision solutions,
procedures for controlling the quality, volume, schedule or progress,
occupational safety and environmental protection, examination and acceptance
testing procedures, measures to manage records and documents during supervision
and other necessary contents.
Article 57.
Acceptance testing of construction works
1. The acceptance testing of a construction
work includes:
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b) Acceptance testing of completed
work items and construction work.
2. Completed work items or
construction works may only be put into operation or use after they have
undergone acceptance testing and the acceptance testing results confirm that
they meet the requirements of construction designs, applicable standards,
technical regulations, and regulations on management and use of construction
materials, have been accepted in accordance with this Law, and comply with
regulations of other relevant laws.
3. Employers shall organize the
acceptance testing of construction works. Organizations and individuals engaged
in the acceptance testing shall take responsibility for the products they have
certified during the acceptance testing of construction works.
4. Acceptance testing during the
execution and upon completion of construction works belonging to projects of
national importance, large-scale and complex engineering works, and works
significantly affecting the community safety and interests before they are put
into operation or use shall be subject to the inspection by competent
authorities. To be specific:
a) The state inspection council for
acceptance testing of construction works shall organize the inspection of
acceptance testing of construction works belonging to projects of national
importance, and large-scale and complex engineering works;
b) Specialized construction
agencies shall organize the inspection of employers’ acceptance testing of
construction works other than those specified in point a of this clause.
5. The Prime Minister shall issue a
decision on establishment of the State inspection council for acceptance
testing of construction works which must specify the Council’s composition,
responsibilities, powers, working regime, and responsibility for cooperation
between Ministries, ministerial agencies, Governmental agencies,
provincial-level People's Committees, and relevant organizations and
individuals, and the Council.
6. The Government shall elaborate
the quality management and acceptance testing of construction works;
large-scale and complex engineering works; and management of construction of
detached housing works.
Article 58.
Transfer of construction works
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a) The acceptance testing of the
construction work has been carried out in accordance with regulations of this
Law;
b) Safety must be ensured during
operation or use when the work is put into operation or use;
c) For urban area construction
investment projects, all or some works belonging to the project may be
transferred for putting into operation or use; however, prior to such transfer,
the construction investment must be completed to ensure the synchronization of
technical and social infrastructure systems according to the approved
investment phasing and construction designs, ensure their connection with the
regional shared technical infrastructure system, and conformity with the
approved project contents and planning.
2. Employers shall receive works
under terms and conditions of the construction contracts signed with
contractors. Persons engaged in transfer of works shall be responsible for the
products they have certified during the transfer of construction works.
In case a employer is not the
owner, manager or user of the work, the employer shall transfer the
construction work to the owner, manager or user of the work after organizing
acceptance testing of the construction work. Written record of transfer of
construction works is compulsory.
3. Before transfer of a
construction work, the construction contractor shall transfer all documents,
including as-built drawings, manuals on operation or maintenance of the work,
list of equipment, spare parts, replacement supplies, and other relevant
necessary documents to the employer.
4. Pending the transfer of a
construction work to its owner, manager or user, the employer shall temporarily
manage and operate it.
5. For urban area construction
investment projects, apart from the provisions in clauses 1, 2, 3 and 4 of this
Article, employers shall transfer technical and social infrastructure works,
and other works in accordance with the Government’s regulations.
Section 4.
RIGHTS AND OBLIGATIONS OF ENTITIES DURING EXECUTION OF CONSTRUCTION WORKS
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1. Employers shall have the
following rights:
a) Carry out the execution of
construction works according to provisions of this Law or hire qualified
contractors to do so; supervise and request construction contractors to
strictly comply with terms and conditions of construction contracts; consider
and approve measures for execution of construction works and measures to ensure
safety and environmental sanitation submitted by contractors;
b) Suspend the performance of or
terminate construction contracts signed with construction contractors in
accordance with regulations of law and under terms and conditions of such
construction contracts;
c) Cease the execution of
construction works, and request construction contractors to remedy consequences
caused by violations against regulations on quality of works, safety and
environmental protection;
d) Request other organizations and
individuals to respect their rights during the execution of construction works;
dd) Exercise other rights as
prescribed by law.
2. Employers shall discharge the
following obligations and responsibilities:
a) Select construction contractors
appropriate to types and grades of works;
b) Arrange and transfer the land
areas to construction contractors to meet the schedule of execution of
construction works;
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d) Examine and grant approval of
construction measures which must also specify measures to ensure safety and
environmental sanitation;
dd) Organize acceptance testing,
payment and final settlement of construction of works;
e) Hire qualified consultants to
inspect the quality of works when necessary;
g) Consider and make decisions on
design-related proposals submitted by contractors during execution of
construction works;
h) Retain as-built documentation of
works;
i) Take responsibility for the
quality and origin of supplies, raw materials, materials, equipment, and
construction products that they have supplied for use for works;
k) Pay compensation for damage
caused by their breaches of construction contracts and other violations;
l) Discharge other obligations and
responsibilities as stated in construction contracts and prescribed by relevant
laws.
Article 60.
Rights, obligations and responsibilities of employers during supervision of
execution of construction works
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a) Carry out supervision of
execution of construction works themselves in accordance with provisions of
this Law or hire qualified supervision contractors to do so; monitor, supervise
and request supervision contractors to strictly comply with construction
contracts;
b) Replace or request consultants
to replace supervisors who fail to comply with regulations;
c) Suspend the performance or
terminate construction contracts in accordance with regulations of law;
d) Exercise other rights as stated
in construction contracts and prescribed by relevant laws.
2. Employers shall discharge the
following obligations and responsibilities:
a) Hire supervision consultants to
carry out supervision of execution of construction works in case they do not
perform such supervision tasks themselves; such supervision consultants must
have capacity appropriate to types and grades of construction works;
b) Notify relevant parties of
rights and obligations of supervision consultants;
c) Promptly respond to proposals of
supervisors;
d) Fulfill all obligations
specified in construction contracts, unless otherwise agreed;
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e) Pay compensation for damage
caused by their selection of unqualified supervision consultants to take charge
of supervision of execution of construction works, acceptance of incorrect
volume of works or works constructed against approved designs, and other
violations;
g) Discharge other obligations and
responsibilities as stated in construction contracts and prescribed by relevant
laws.
Article 61.
Rights, obligations and responsibilities of construction contractors
1. Construction contractors shall
have the following rights:
a) Reject obligations which are not
specified in construction contracts or unlawful requests;
b) Propose modifications to
construction designs to align them with actual execution of construction works,
ensuring quality and efficiency;
c) Request payment under terms and
conditions of construction contracts;
d) Cease execution of construction
works when there are any risks to the safety of people and/or the works or
employers fail to perform their commitments as stated in construction
contracts;
dd) Request compensation for damage
caused by employers or other entities;
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2. Construction contractors shall
discharge the following obligations and responsibilities:
a) Comply with terms and conditions
of construction contracts;
b) Develop and submit measures for
execution of construction works, including measures to ensure safety and
environmental sanitation, to employers to seek their approval before starting
execution of construction works;
c) Execute construction works
according to approved designs, applicable standards and technical regulations,
ensuring satisfaction of quality, schedule, safety and environmental protection
requirements;
d) Have appropriate quality management
systems in place and establish quality management records for the works;
dd) Comply with the requirements
attached to construction sites;
e) Take responsibility for the
quality and origin of supplies, raw materials, materials, equipment, and construction
products that they have supplied for use for works;
g) Manage employees working at
construction sites, ensuring security, public order and environmental
protection;
h) Produce as-built drawings and
engage in acceptance testing of works;
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k) Pay compensation for damage
caused by their breaches of construction contracts, use of incorrect types of
materials, failure to meet the requirements of approved designs, failure to
ensure quality during execution of construction works, acts of causing
environmental pollution and other violations;
l) Bear responsibility before
employers and the law for the quality of construction works according to
approved designs, including such tasks performed by subcontractors (if any);
subcontractors shall bear responsibility before main contractors and the law
for the quality of tasks they have performed;
m) Discharge other obligations and
responsibilities as stated in construction contracts and prescribed by relevant
laws.
Article 62.
Rights, obligations and responsibilities of design contractors during execution
of construction works
1. Design contractors shall have
the following rights:
a) Exercise the rights specified in
clause 1 Article 35 of this Law;
b) Request employers and
construction contractors to strictly comply with approved designs;
c) Reject requests for changes in
designs from employers if these requests are found unconformable with
regulations of law, applicable standards and technical regulations;
d) Refuse to accept construction
works or work items which are constructed against approved designs;
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2. Design contractors shall discharge
the following obligations and responsibilities:
a) Discharge the obligations and
responsibilities specified in clause 2 Article 35 of this Law;
b) Appoint qualified persons to
take charge of designer’s supervision according to terms and conditions of
construction contracts; persons in charge of designer’s supervision shall bear
legal responsibility for their violations and compensate for damage caused by
their fault;
c) Engage in acceptance testing of
construction works according to construction contracts signed with employers;
d) Consider dealing with
unreasonable issues concerning construction designs at the request of
employers;
dd) Promptly notify employers of
any parts of construction works which are found to have been executed against
approved designs, and propose remedial measures for dealing with such cases;
e) Discharge other obligations and
responsibilities as stated in construction contracts and prescribed by relevant
laws.
Article 63.
Rights, obligations and responsibilities of supervision contractors
1. Supervision contractors shall
have the following rights:
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b) Request construction contractors
to comply with approved designs and construction contracts;
c) Reserve their opinions on
supervision tasks that they have performed;
d) Temporarily suspend execution of
construction works when there are any risks to the safety of the works or
contractors are found to have executed construction works against approved
designs, and promptly notify such issues to employers for consideration;
dd) Reject requests which fall
beyond the scope of construction contracts or unlawful requests;
e) Exercise other rights as stated
in construction contracts and prescribed by relevant laws.
2. Supervision contractors shall
discharge the following obligations and responsibilities:
a) Conduct supervision and assume
responsibility for quality of supervision results as stated in construction
contracts;
b) Refuse to accept construction
works which fail to meet quality requirements; or fail to comply with
applicable standards, technical regulations, or requirements of approved
designs;
c) Propose unreasonable issues
concerning construction designs to employers;
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dd) Pay compensation for damage
caused by falsified supervision results concerning construction volumes which
do not conform to approved designs, applicable standards, or technical regulations
but have not been reported by supervisors to employers or competent persons for
consideration, as well as other violations at their fault;
e) Discharge other obligations and
responsibilities as stated in construction contracts and prescribed by relevant
laws.
Section 5.
WARRANTY, MAINTENANCE AND TERMINATION OF OPERATION OR USE OF CONSTRUCTION WORKS
Article 64.
Warranty for construction works
1. Construction contractors shall
provide warranty for the works that they have executed. Contractors supplying
construction equipment and technological equipment shall provide warranty for
the equipment that they have supplied.
Contents of warranty for works
include remedy, repair, and replacement of damaged or defective equipment.
2. The warranty period for works,
construction equipment and technological equipment shall be determined
according to types and grades of the works, and regulations of manufacturers or
construction contracts.
Article 65.
Maintenance of construction works
1. Maintenance of construction works
must meet the following requirements:
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b) The maintenance procedures shall
be developed and approved by employers before putting construction works into
operation or use; must be suitable to purposes, types and grades of
construction works and equipment constructed and installed in the works;
c) Maintenance tasks must be
performed in a manner that ensures the safety for people, property and the
works.
2. Owners, managers or users of
construction works are responsible for carrying out maintenance of their works.
3. Maintenance of construction
works must comply with approved maintenance plans and procedures.
4. The safety of large-scale and
complex engineering works, or works significantly affecting the community
safety and interests, must be periodically assessed during their operation and
use.
Article 66.
Management, operation and use of construction works
1. Construction works must be
properly managed, operated and used for their intended purposes and in a manner
that meets safety, sustainability, socio-economic efficiency, and environmental
protection requirements, and complies with relevant laws.
2. Management, operation or use and
protection of technical infrastructure works must comply with provisions of
clause 1 of this Article and also meet the following basic requirements:
a) Technical infrastructure works
must be operated in uninterrupted and stable manner that meets operational
management requirements and ensures consistency and synchronization;
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c) Technical infrastructure data
must be shared to support the integrated management and the shared use needs as
prescribed by law;
d) There are plans to protect and
ensure the security and safety of technical infrastructure works, as well as to
prevent, stop, and deal with any acts of infringement during their operation or
use.
3. Management, operation or use and
protection of technical infrastructure works must comply with the Government’s
regulations.
Article 67.
Cessation of operation and use of construction works
1. Employers, owners, managers or
users of works, or competent regulatory authorities shall decide to cease
operation or use of construction works when their service life has expired, or
if there is any safety risk or risk of causing construction work incidents
affecting the safety of users, the safety of adjacent works, the environment,
or the community.
2. When deciding to cease operation
or use of shared construction works, employers, owners, managers or users of
the works, or competent regulatory authorities shall send written notices of
their decision to the organizations, individuals and households using the
works.
3. Operation or use of construction
works may only be resumed after the construction work incident has been
remedied or safety risks have been eliminated. In order to resume operation or
use of construction works which has been ceased upon expiry of the service life
of the works, employers, or owners, managers or users of the works, must carry
out quality inspection, reinforcement, renovation, or repair of damage (if any)
in order to ensure the safety and functionality of the works.
Section 6.
INVESTMENT IN AND CONSTRUCTION OF PARTICULAR CONSTRUCTION WORKS
Article 68.
Projects on investment in and construction of particular construction works
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a) Projects or works that require
strict state secret protection;
b) Emergency or urgent projects or
construction works;
c) Special public investment
projects;
d) Temporary projects or works.
2. Sequence and procedures for
implementation of projects on investment in and construction of particular
construction works shall comply with provisions of Articles 69, 70, 71 and 72
of this Law.
Article 69.
Projects or works that require strict state secret protection
1. Works that require strict state
secret protection include:
a) State-secret works of which the
construction must meet the requirements regarding protection of secret in
construction activities in fields or sectors as prescribed by the Law on
protection of state secrets;
b) National defense and security
works of which information and documents are considered state secrets according
to decisions issued by competent authorities.
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3. Persons competent to issue, or
those delegated or authorized to issue, lists of state secrets as prescribed by
the Law on protection of state secrets shall decide the construction of the
works specified in point a clause 1 of this Article. The Minister of National
Defense of Vietnam and Minister of Public Security of Vietnam shall stipule
authority, sequence and procedures for investment in and construction of the
works specified in point b clause 1 of this Article in a manner that meet
particular sector management requirements and complies with regulations of
relevant laws.
Article 70.
Emergency or urgent projects or works
1. Construction of new emergency
construction works or repair and renovation of existing ones shall be carried
out immediately after competent persons issue orders for construction of
emergency works in order to promptly prevent and mitigate consequences of
disasters, catastrophes, or epidemics.
Agencies, organizations or
individuals that are assigned to manage construction of emergency works are
entitled to decide and assign other qualified organizations or individuals to
conduct surveys, design and execution of the works in a manner that meets the
requirements of the state of emergency. The sequence and procedures for making
decisions on investment in emergency public investment projects shall comply
with provisions of the Law on Public Investment.
2. Construction of new urgent
construction works or repair and renovation of existing ones must be expedited
to meet the requirements regarding national defense and security, external
affairs, national economic development, fulfillment of national political
missions, critical issues related to ensuring energy security or security of
water sources, responding to environmental emergencies, and developing
technical infrastructure systems according to the Government’s request or Prime
Minister’s decisions.
Agencies, organizations or individuals
that are assigned to manage construction of urgent works are entitled to carry
out necessary procedures concurrently for the stages of project preparation,
implementation, and completion, in the order stipulated by the Government.
3. The Minister of National Defense
of Vietnam and Minister of Public Security of Vietnam shall stipulate the
authority, sequence and procedures for investment in and construction of
emergency and urgent construction works to serve national defense and security
purposes in a manner that meets particular sector management requirements.
Article 71.
Special public investment projects
1. The sequence and procedures for
making investment decisions, and organization of implementation of special
public investment projects shall comply with provisions of the Law on Public
Investment. Investment decision-makers and employers are entitled to decide
application of simplified procedures for some tasks specified in clauses 2 and
3 of this Article.
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a) The investment decision-maker
shall decide to use fundamental design, FEED design or engineering design as
part of the feasibility study report, and decide the number of design steps.
b) The feasibility study report
shall be verified to form the basis for its appraisal and approval;
c) The specialized agency
affiliated to the investment decision-maker shall conduct the appraisal of the
feasibility study report with the following subject matters: investment scale;
regional technical infrastructure connectivity; compliance with applicable
standards and technical regulations; factors constituting the construction
safety; satisfaction of fire safety requirements as prescribed by the Law on
Fire Safety, Search and Rescue; technological design plans, for projects having
technological requirements; total investment of the project; plan for division
of the project into constituent projects, and investment phasing (if any).
3. Production and appraisal of construction
design following the design included in feasibility study report shall be
subject to the following provisions:
a) The employer shall decide the
production of the construction design, and subject matters of appraisal and
approval thereof;
b) The construction design may be
produced for the entire work, or each work item or part, or each stage of
execution of the construction work; it shall be produced concurrently with the
formulation and appraisal of feasibility study report, project approval and
execution of the construction work;
c) The construction design shall be
subject to assessment and conclusion by a verification consultant as to its
compliance with applicable standards and technical regulations, fulfillment of
requirements regarding the safety of load-bearing structures and safety of
adjacent works, and fulfillment of fire safety requirements laid down in the
Law on Fire Safety, Search and Rescue.
4. The investment decision-maker
and employer shall assume responsibility for their decisions; relevant
organizations and individuals shall assume responsibility for results of the
tasks that they have performed.
Article 72.
Temporary projects or construction works
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a) Works constructed to support the
execution of main construction works;
b) Works used for organizing events
with their locations, scale and service life approved by provincial-level
People's Committees or commune-level People’s Committees as delegated.
2. Design and execution of temporary
works must ensure satisfaction of the requirements regarding the safety of
load-bearing structures, fire safety and environmental protection during
execution and use of the works. Employers shall organize the appraisal and
approval of construction designs and cost estimates of temporary works
themselves.
3. Temporary construction works must be demolished when their service life has
expired or the main works are put into operation and use, except the works
specified in point a clause 1 of this Article, which are conformable
with planning as prescribed by the Law on Planning and the Law on Urban and
Rural Planning.
Chapter V
CONSTRUCTION INVESTMENT
COSTS AND CONSTRUCTION CONTRACTS
Section 1.
MANAGEMENT OF CONSTRUCTION INVESTMENT COSTS
Article 73.
Rules for management of construction investment costs
1. Management of construction
investment costs of public investment projects and PPP projects must abide by
the following rules:
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Construction investment costs must
be determined for each design type, in alignment with each stage of the
project, construction conditions and market prices, and for each project, or
construction work or package; they shall be detailed further for each design
step corresponding to each stage of the project;
b) Employers shall manage
construction investment costs from the stage of project preparation to the
stage of construction completion, provided that approved total construction
investment of the project shall not be exceeded;
c) Inspection, examination and
audit of construction investment costs shall be conducted on the basis of
conditions for and methods of determining construction investment costs which
have already been decided or approved by investment decision-makers and
employers, in accordance with regulations on management of construction
investment costs, for each project implementation stage or period.
2. Management of construction
investment costs for projects other than those specified in clause 1 of this
Article shall be decided or carried out by investment decision-makers or
employers in accordance with regulations on management of construction
investment costs herein.
Article 74.
Contents of management of construction investment costs
1. Determination, verification,
appraisal, approval and adjustment of preliminarily estimated total investment,
total construction investment, construction cost estimate, construction package
price, and construction contract price; payment and final settlement of
construction contract, payment and final settlement of investment capital;
project management costs, construction consultancy costs, and other costs.
2. Determination, use and
management of construction norms, construction prices, prices of direct cost
factors constituting prices of construction tasks, and construction price
indices.
3. Rights and responsibilities of
regulatory authorities, investment decision-makers, employers and construction
contractors during management of construction investment costs.
4. The Government shall elaborate
management of construction investment costs.
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1. Preliminarily estimated total
construction investment is the sum of all construction investment costs of a
project that is estimated on the basis of investment scope, sale and
objectives, preliminary design plan, and subject matters of the pre-feasibility
study report. In case an investment policy proposal report is prepared
according to regulations of the Law on Public Investment, estimated total
investment for group-B or group-C projects shall be considered as preliminarily
estimated total investment.
2. Total construction investment is
an estimated amount of all costs of the project incurring from the stage of
project preparation to the stage of construction completion, including
compensation, support and residential resettlement costs (if any); construction
costs; equipment costs (if any); project management costs; construction consultancy
costs; other costs and contingencies. Approved total construction investment
shall be the maximum amount of funding that the employer may use for covering
costs during the project implementation.
Total construction investment shall
serve as the basis for calculating and determining the investment efficiency
and feasibility of the project, as well as for capital management purpose.
Total construction investment shall be determined in conformity with the
construction design and subject matters of the feasibility study report or
technical-economic report, for projects which only require preparation of
technical-economic report.
3. Determination of cost items
constituting total construction investment shall be subject to the following
provisions:
a) Cost items constituting total
construction investment shall be determined on the basis of designs and
requirements of the project; by reference to construction prices, equipment
prices and construction price indices announced by competent regulatory
authorities, or market prices or prices quoted by manufacturers or supplies, or
data on costs of similar domestic works which either have been completed or are
in progress, and regulations and guidelines on determination of costs;
b) Where there are insufficient
grounds for determining costs according to prices and cost data specified in
point a of this clause, prices and cost data of foreign works and/or projects
which either have been completed or are in progress may be employed as
reference for determination of costs.
4. If a project is divided into
constituent projects, determination of total investment in each constituent
project shall comply with provisions of clauses 2 and 3 of this Article. If a
project is divided into constituent projects during the preparation of
feasibility study report or technical-economic report, total construction
investment of the project shall be the sum of total construction investment
amounts of its constituent projects and other reasonable costs.
5. Adjustment of preliminarily
estimated total construction investment and total construction investment shall
be subjected to the following provisions:
a) Preliminarily estimated total
construction investment shall be adjusted in case the investment policy is
adjusted according to regulations of law, resulting in changes in the approved
preliminarily estimated total construction investment;
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Article 76.
Construction cost estimates
1. Construction cost estimate means
a statement of estimated costs for construction of work, implementation of the
package, and performance of construction tasks.
2. Cost estimate for construction
of work:
a) The cost estimate for
construction of work means a statement of all estimated costs for investment in
and construction of the work, determined on the basis of the construction
design developed upon project approval. The cost estimate for construction of
work specifies costs of construction, design (if any), project management, and
construction consultancy, other costs and contingencies.
b) The cost estimate for
construction of work shall be prepared on the basis of design requirements; by
reference to construction prices, equipment prices and construction price
indices announced by competent regulatory authorities, or market prices or
prices quoted by manufacturers or supplies, or data on costs of similar
domestic works which either have been completed or are in progress, and
regulations and guidelines on determination of costs;
c) Where there are insufficient
grounds for preparing the cost estimate according to prices and cost data
specified in point b of this clause, prices and cost data of foreign works
and/or projects which either have been completed or are in progress may be
employed as reference for determination of costs.
3. Cost estimate for construction
package:
a) The cost estimate for
construction package means a statement of all estimated costs for performing
one or some construction activities during various stages of the project’s
construction investment process, in conformity with the contents, scope,
nature, characteristics and specific conditions of the package;
b) The cost estimate for
construction package shall be prepared on the basis of one or some of the
following grounds: preliminarily estimated total construction investment, total
construction investment, cost estimate for construction of work, construction
design developed upon project approval, and the outline and scope of tasks. In
case the cost estimate for construction package is prepared on the basis of the
construction design developed upon project approval, prices, cost data and
regulations and guidelines on determination of costs specified in points b and
c clause 2 of this Article may be employed as reference.
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5. Depending on specific conditions
of each project, the employer shall decide to prepare the construction cost
estimate using either the cost estimate for construction of work or cost
estimate for construction package or cost estimate for construction tasks.
6. Construction cost estimate of a
public investment project is used as the basis for determining the package
price, selecting contractor, and negotiating and entering into construction
contract.
7. The approved construction cost
estimate may be adjusted in case of project adjustment, adjustment of total
investment cost, adjustment of construction design, and other cases prescribed
by the Government. The adjusted construction cost estimate shall be appraised
and approved as prescribed.
Article 77.
Construction norms
1. The system of construction norms
includes technical-economic norms and cost norms. Technical-economic norms
include basic norms and cost estimate norms.
2. The system of construction norms
shall be developed and issued by regulatory authorities; periodically reviewed
and updated.
3. For construction works executed
applying or using new execution technologies or materials which are not yet
included in the system of construction norms specified in clause 2 of this
Article, owners of public investment projects shall be responsible for
organizing surveys and providing data at the request of regulatory authorities.
4. Other agencies and organizations
are encouraged to develop and send cost estimate norms to the authorities in
charge of issuing such norms specified in clause 2 of this Article.
5. The system of construction norms
specified in clause 2 of this Article is applied to public investment projects.
If there are no norms or the existing ones are not suitable, norms may be
developed, applied and adjusted, or construction prices may be determined
according to provisions of Article 78 of this Law to prepare construction cost
estimates, determine total construction investment, and manage construction
investment costs.
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Article 78.
Construction prices, prices of direct cost factors constituting prices of
construction tasks, and construction price indices
1. Construction prices include
prices of construction tasks, prices of construction task groups, prices of
structural parts or units of the work, cost rates and construction investment
capital rates.
Construction prices are determined
on the basis of one or more of the following grounds: market prices; prices and
cost data of completed or in-progress packages, projects, or works; the system
of construction norms and prices of cost factors specified in clause 2 of this
Article.
Depending on specific conditions of
each project or work, the construction prices are selected as the basis for
determining total construction investment and preparing construction cost
estimate.
2. Prices of direct cost factors
constituting prices of construction tasks include prices of materials, labor
prices, and prices of construction machine and equipment per shift.
3. Construction price index is an
indicator which reflects the level of time-based fluctuation of construction
investment costs (according to types of works and structure of costs), and
prices of cost factors specified in clause 2 of this Article, and serves as a
basis for determining and adjusting preliminarily estimated total investment,
total construction investment, construction cost estimates, and prices of
construction contracts, and for managing construction investment costs.
Article 79.
Payment and final settlement of investment capital for construction investment
projects
1. Payment and final settlement of
investment capital for construction investment projects shall be carried out in
accordance with provisions of this Law, regulations of the Law on State Budget,
the Law on Public Investment, and other relevant laws.
2. Final settlement of construction
investment capital must be carried out after completion, acceptance testing and
transfer of the project or construction work for putting into operation or use,
or when the investment policy is ceased, or the project implementation is
temporarily suspended or cancelled according to a competent person's written
document.
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Article 80.
General provisions on construction contracts
1. A construction contract is a
written agreement entered into by and between an employer and a contractor to
establish, change or terminate civil rights and obligations relating to
performance of tasks within the scope of construction activities.
2. Conclusion and performance of
construction contracts must comply with provisions of this Law, the civil law,
and other relevant laws. In addition, when entering into construction contracts
for implementation of public investment projects and PPP projects, the parties
must also adhere to the following rules:
a) Ensure sufficient resources to
fulfill the obligations as agreed upon in the construction contract;
b) Have completed the contractor
selection and construction contract negotiation (if any);
c) In case the contractor is a
consortium or joint venture, a consortium or joint venture agreement must be
available. The construction contract must be signed by all members of the
consortium or joint venture, unless otherwise agreed upon by such members.
3. The language used in a
construction contract is Vietnamese. If the construction contract involves a
foreign party, the languages used in the contract shall be Vietnamese and
another language as agreed upon by the parties. The order of priority of the
languages used in the construction contract shall be agreed upon by the
parties. In the absence of such agreement, Vietnamese shall be the governing
language.
Article 81.
Validity and legal effect of construction contracts
1. A construction contract shall
become valid when it satisfies relevant conditions for validity of civil
transactions set out in the civil law, and is signed by the parties that meet
all eligibility and capacity requirements set forth in this Law.
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3. While performing their functions
and tasks as prescribed, regulatory authorities, inspection, examination and
audit agencies, payment service providers, lenders and other relevant agencies
shall respect the construction contracts that are lawfully entered into and
legally effective; shall not infringe upon the lawful rights and interests of
the parties to the construction contract.
4. A lawfully signed construction
contract shall become effective from the date on which it is entered into or
another date as agreed upon by the parties; where the construction contract is
notarized, its effective date shall be determined in accordance with provisions
of the Law on Notarization. From the effective date of the construction
contract, the parties shall perform their respective rights and obligations as
committed. A construction contract may be modified or terminated as agreed upon
by the parties or in accordance with regulations of law.
Article 82.
Classification, contents and documentation of construction contracts
1. Depending on the nature and
scope of required tasks, construction contracts are classified into the
following types:
a) Construction consultancy
contract;
b) Contract for execution of
construction works;
c) Contract for supply of materials
and equipment installed in construction works;
d) Contract for design - supply of
materials and equipment installed in construction works;
dd) Contract for design - execution
of construction works;
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g) Contract for design - supply of
materials and equipment - execution of construction works;
h) Turnkey contract;
i) Other construction contracts.
2. Depending on the contract price
form, construction contracts are classified into the following types:
a) Lump-sum contract;
b) Fixed unit price contract;
c) Adjustable unit price contract;
d) Time-based contract;
dd) Cost-plus-fee contract;
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g) Percentage-based contract;
h) Mixed contract;
i) Other construction contracts.
3. Construction contracts may also
be classified according to other criteria.
4. Contents of construction
contracts vary depending on the scale, nature and complexity of the tasks of
the contract. A construction contract shall, inter alia, include:
a) Applicable legal grounds;
b) Governing law and language;
c) Scope and quantity or volume of
tasks;
d) Requirements regarding quality,
engineering, acceptance testing and transfer of works;
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e) Contract price, advance payment,
payment, final settlement, currency used for payment, and finalization of
construction contract;
g) Security for performance of the
parties' obligations under the construction contract;
h) Modification of construction
contract;
i) Rights and obligations of the
parties;
k) Liability for breach of the
construction contract, bonuses, and penalties for breach of construction
contract;
l) Suspension and termination of
construction contract;
m) Resolution of disputes over
construction contract;
n) Risks, force majeure events and
fundamental changes in circumstances;
o) Other relevant contents.
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a) Construction contract agreement
(if any);
b) Notice of acceptance and contract
award or direct contracting;
c) Letter of bid;
d) Special conditions of the
construction contract or terms of reference for a construction consultancy
contract;
dd) General conditions of the
construction contract;
e) Bidding documents or the request
for proposal issued by the employer;
g) Design drawings and technical
specifications;
h) Bid package or proposal of the
contractor;
i) Record of contract negotiation,
and documents concerning modification of the construction contract;
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l) Other relevant documents.
Article 83.
Security for performance of obligations under construction contract
1. The parties may reach an
agreement on measures to secure the performance of their obligations under the
signed construction contract. If such an agreement is made, the parties are
obligated to implement the agreed-upon security measure until their obligations
under the construction contract are fulfilled or the furnished security is refunded
as agreed upon by the parties. The rights and obligations of the parties in
relation to security for the performance of obligations under the construction
contract must comply with the provisions of this Law, the civil law, and other
relevant laws.
2. The employer has the right to
request the contractor to adopt a measure to secure performance of its
obligations under the construction contract; the contractor must provide
security for performance of its obligations under the construction contract as
agreed upon by the parties. The employer is entitled to dispose of the
collateral or request the relevant guarantor to fulfill its guarantee
obligations, or request the credit institution where the deposit is made to
fulfill the payment obligation in the event the contractor fails to fulfill its
obligations under the construction contract as agreed upon by the parties,
leading to a failure to ensure safety, quality, schedule or progress, or the
contractor refuses to perform the construction contract.
3. The contractor is entitled to
request the employer to prove that it is financially capable of performing the
construction contract or to adopt a measure to secure performance of its
payment obligations, except construction contracts belonging to public investment
projects. The contractor is entitled to dispose of the collateral or request
the relevant guarantor to fulfill its guarantee obligations, or request the
credit institution where the deposit is made to fulfill the payment obligations
in the event the employer fails to fulfill its payment obligations under the
construction contract. The employer shall bear the burden to prove its
sufficient financial capacity to perform the construction contract or adopt a
measure to secure its payment obligations as agreed upon by the parties.
4. The Government shall provide
detailed regulations on measures and levels of security for performance of
obligations under construction contracts for public investment projects and PPP
projects.
Article 84.
Modification of construction contracts
1. Modifications to a construction
contract include changes in the quantity or volume, implementation duration,
schedule or progress, unit price, and contract price, and changes in other
contents of the signed contract. Such modifications to the construction
contract shall be applied during the validity period of the construction
contract and must be made in writing.
2. The parties may reach an
agreement on modification of the signed construction contract in the following
cases:
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b) There are changes in or
adjustments to the contents, scope of tasks, technical specifications, product
quality, implementation schedule or progress, or advance and payment conditions
as agreed upon by the parties in the construction contract;
c) Any of the force majeure events
specified in clause 1 Article 13 of this Law occurs;
d) There is a fundamental change in
circumstances for performance of the construction contract as prescribed in
clause 2 Article 13 of this Law;
dd) In other cases as agreed upon
by the parties in conformity with provisions of this Law and other relevant
laws.
3. In addition to the provisions of
clauses 1 and 2 of this Article, modification of construction contracts under
public investment projects and PPP projects must also comply with the following
provisions:
a) Changes in unit price shall only
apply to adjustable unit price contract, time-based contract, mixed contract
and other construction contracts including provisions that allow such changes
in unit price;
b) Any change in the unit price of
a construction contract shall be made on the basis of the contents, scope of
tasks, methods and grounds for changes in unit price agreed upon by the parties
in the signed contract and in conformity with regulations of law;
c) The employer shall have the
right to consider deciding any modification to the construction contract
resulting in changes in the contract performance schedule or an increase in the
approved package price (including contingencies) provided that the approved
project implementation duration (or adjusted project implementation duration)
or the approved total investment (or adjusted total investment) will not be
exceeded;
d) In cases of force majeure events
or fundamental changes in circumstances, the employer shall have the right to
consider deciding modifications to construction contract following the rule
that such modifications will not alter the investment objectives or scale,
result in an increase in total investment in excess of the approved total
investment (or adjusted total investment), cause adverse impacts on the
project’s investment efficiency, or lead to losses or waste. Such modifications
to construction contract include changes in the contract type, contract price
form, methods and data sources for price adjustment, and changes in other
relevant contents.
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Article 85.
Suspension and termination of construction contracts
1. The parties must include in the
signed construction contract their agreement on the cases in which the contract
may be suspended, suspension duration and procedures. The performance of the
signed construction contract may be suspended in one of the following cases:
a) One party fails to fulfill its
obligations under the construction contract as committed;
b) Any of the force majeure events
specified in clause 1 Article 13 of this Law occurs;
c) Such suspension is made at the
request of a competent regulatory authority;
d) There are changes in laws that
directly affect the performance of the construction contract.
2. A construction contract shall be
terminated in accordance with the civil law’s regulations on termination of
contracts and in the following cases:
a) One of the force majeure events
specified in clause 1 Article 13 of this Law occurs but the parties cannot
reach an agreement on modification of the contract due to one or both parties’
failure to meet eligibility and capacity requirements for performance of the
contract. Legal consequences shall be determined and rectified in accordance
with regulations of law on civil liabilities upon occurrence of force majeure
events;
b) If the tasks of the signed
construction contract are suspended for a period exceeding the duration
specified in the contract through no fault of the other party, the
non-breaching party is entitled to cancel or unilaterally terminate such
construction contract.
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4. Any party that suspends,
unilaterally terminates or cancels the signed construction contract against
regulations of law shall pay compensation for any damage caused to the other
and discharge other obligations as prescribed by the civil law.
Article 86.
Bonuses, penalties for breach of construction contracts, compensation for
damage due to breaches, and resolution of construction contract disputes
1. Bonuses, penalties and
compensation for damage due to breaches of construction contract must be agreed
upon by the parties and specified in the construction contract. The specific
bonus shall correspond to the level of fulfillment of obligations under the
construction contract as agreed upon by the parties.
2. Compensation for damage shall be
determined on the basis of the damage actually incurred, predetermined damages
corresponding to the obligations which are not fulfilled, and the extent of
such breach.
3. Regarding construction works
belonging to public investment projects or PPP projects, the maximum penalty for
breach of the construction contract shall not exceed 12% of the value of the
breached portion of the construction contract. In addition to the agreed-upon
penalty, the breaching party shall pay compensation for damage as agreed upon
in the construction contract to the other party, the third party (if any) in
accordance with provisions of this Law and other relevant laws.
4. In the case where a party
breaches the construction contract due to the actions of a third party, the
breaching party shall be responsible for such breach of the construction
contract before the other party. Disputes between the breaching party and the
third party shall be resolved in accordance with regulations of law.
5. Methods for resolution of
disputes over the construction contract:
a) Disputes are to be resolved
through negotiation between the concerned parties, conciliation, dispute
resolution models under international practices, arbitration, or court
proceedings.
b) If disputes arising from public
investment projects or PPP projects are to be resolved through arbitration,
preference shall be given to domestic arbitration organizations. Application of
dispute resolution models under international practices must meet the
requirements of relevant international conventions or must be approved by
investment decision-makers and agreed upon by the parties in the construction
contract. Dispute resolution costs incurred by the employer (if any) shall be
included in the project’s total investment.
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1. A construction contract must
include provisions on payment, provisional payment, final settlement and
finalization of the construction contract. Provisions on final settlement and
finalization of the construction contract must also include cases where the
contract is unilaterally settled and finalized.
2. Payment for construction
contract:
a) The payment for construction
contract must be conformable with the type of contract, the contract price and
conditions stated in the contract. The parties shall reach an agreement on the
method, schedule, required documents, and conditions for payment or provisional
payment;
b) The employer shall make each
payment in full and on schedule as agreed upon in the construction contract to
the contractor after deducting advance payments and amounts retained as agreed
upon in the construction contract, unless otherwise agreed upon by the parties;
c) The currency used for making
payments for a construction contract shall be Vietnamese Dong (VND). Use of
foreign currency for making such payments must comply with regulations of law
on foreign exchange management.
3. The contractor shall be
responsible for conducting the final settlement of the construction contract
with the employer in a manner suitable to the contract type and contract price,
and within the settlement period as agreed upon by the parties. Contents and
required documents for final settlement of the construction contract must be
conformable with the agreements in the construction contract.
4. Procedures, time limit, and form
of finalization of a construction contract upon termination of the contract as
prescribed in clause 2 Article 85 of this Law shall be agreed upon by the
parties.
5. If one party fails to carry out
the final settlement and finalization of the construction contract as agreed
upon in the construction contract, the other party shall have the right to
unilaterally conduct the final settlement and finalization of the construction
contract.
Chapter VI
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Article 88.
Competency requirements to be satisfied by organizations and individuals
engaged in construction activities
1. During their engagement in
construction activities, the following title holders must possess corresponding
practicing certificates in accordance with provisions of this Law: presidents
or chairpersons in charge of producing urban and rural planning designs;
presidents in charge of construction surveys; presidents or chairpersons in charge
of producing and verifying construction designs; construction supervisors;
chairpersons in charge of determining, verifying and managing construction
investment costs. Practicing certificates shall be classified into class I,
class II and class III.
2. The following title holders,
including site managers, chairpersons in charge of construction inspection
tasks, and construction investment project managers, must meet competency and
experience requirements.
3. Contractors that are foreign
organizations or individuals engaging in construction activities in Vietnam
must comply with regulations of the law of Vietnam and obtain licenses to
perform construction activities issued by competent construction authorities.
4. Organizations and individuals
that practice architecture shall comply with provisions of the Law on
Architecture.
5. Employers shall assume
responsibility for their selection of organizations and individuals to engage
in construction activities.
6. Organizations engaging in
construction activities shall themselves publish information about their
capacity for performing construction activities on the website of the Ministry
of Construction. Such published information about capacity of organizations
shall serve as reference for employers to select qualified contractors.
7. The Government shall provide
detailed regulations on competency and experience requirements to be satisfied
by individuals engaging in construction activities; regulations on authority,
procedures, and sequence for issuance and revocation of construction practicing
certificates; regulations on eligibility requirements, authority, procedures,
and sequence for issuance and revocation of licenses to perform construction
activities of contractors that are foreign organizations or individuals;
information about capacity to perform construction activities of organizations
to be published; and publishing of individuals’ professional experience in
construction activities on the information system and national database on
construction activities.
Article 89.
Eligibility requirements for construction practicing certificates
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1. Have qualifications appropriate
to the fields of the practicing certificate applied for;
2. Have period and experience of
performing the tasks appropriate to the fields of the practicing certificate
applied for.
Article 90.
Requirements for independent practitioners
Individuals who independently
practice in the following fields of construction activities: construction
survey; production and verification of construction designs; construction
supervision; determination, verification, and management of construction
investment costs, must have practicing certificates and qualifications suitable
for the tasks they perform.
Chapter VII
STATE MANAGEMENT OF
CONSTRUCTION
Article 91.
Contents of state management of construction
1. Formulate and direct the
implementation of strategies, schemes, and plans for development of
construction activities.
2. Promulgate and organize the
implementation of legislative documents on construction; disseminate knowledge
and laws on construction.
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4. Develop and manage the
information system and national database on construction activities, and retain
documents on construction works.
5. Provide guidance on, inspect and
evaluate the performance of construction investment project management tasks;
quality management for construction works; management of construction
investment costs and construction contracts; management of capability to
perform construction activities; management of occupational safety and health,
and environmental protection during execution of construction works.
6. Manage issuance and revocation
of licenses or permits, certificates, certifications and processing outputs of
other administrative procedures in construction activities, and manage
construction order.
7. Carry out examination and
inspection, settle complaints and denunciations, and take actions against
violations in construction activities.
8. Organize science and technology
research and application.
9. Provide training in human
resources engaging in construction activities.
10. Conduct international
cooperation in construction activities.
Article 92.
Responsibilities for state management of construction
1. The Government is responsible
for consistently performing state management of construction activities
nationwide; define tasks and powers of Ministries, central-government
authorities, local governments, and specialized construction work-managing
Ministries in performing state management of construction.
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3. The Ministry of Defense and the
Ministry of Public Security are responsible for managing construction order and
delegating powers to others to manage construction order for construction works
built in land areas dedicated to serve national defense and security purposes
as prescribed by the Land Law, state-secret works, emergency or urgent works in
service of national defense and security purposes; set and issue norms of cost
estimates and construction prices which are yet to be issued and announced by
competent regulatory authorities, or which have been issued and announced but
are not in line with the specific characteristics of the construction works
built to serve national defense and security purposes; perform other state
management tasks within the ambit of their assigned tasks and powers.
4. Provincial-level People's
Committees are responsible for performing state management of construction
activities in their provincial administrative divisions in accordance with
regulations of law.
Chapter VIII
IMPLEMENTATION
Article 93.
Amendments to and abrogation of certain articles, clauses and points of laws
relating to construction activities
1. Certain Articles and clauses of
the Law on Public Investment No. 58/2024/QH15, as amended by the Law No.
90/2025/QH15, are amended and abrogated as follows:
a) Clause 1 Article 34 is amended
as follows:
“1. Pre-feasibility study reports
of projects of national significance and group-A projects with construction
components shall, inter alia, include the following contents:
a) Preliminary design as prescribed
by the Law on Construction;
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b) Clause 3 Article 43 is amended
as follows:
“3. Procedures for formulation,
appraisal, making of investment decision and adjustment of projects with
construction components shall be subject to provisions of the Law on
Construction and other relevant laws.”;
c) Point d clause 2 Article 38 is
abrogated.
2. Some points of clause 1 Article
17 of the Law on Fire Safety, Search and Rescue No. 55/2024/QH15, as amended by
the Law No. 118/2025/QH15, are amended as follows:
a) Point b is amended as follows:
“b) Specialized construction
agencies shall organize appraisal of the contents specified in points a, b, c,
d and dd clause 1 Article 16 of this Law in respect of the projects of which
fire safety designs must be appraised before appraisal of their feasibility
study reports in accordance with regulations of the Law on Construction;”;
b) The phrase “thiết kế xây dựng
triển khai sau thiết kế cơ sở” (“construction design developed following
fundamental design”) is replaced with the phrase “thiết kế xây dựng triển khai
sau khi dự án được phê duyệt” (“construction design developed upon project
approval”) in points d and dd.
3. Clause 1 Article 79 of the Law
on Electricity No. 61/2024/QH15, as amended by the Law No. 116/2025/QH15, is
abrogated.
4. Clause 1 Article 56 of the Law
on Railway Transport No. 95/2025/QH15, as amended by the Law No. 112/2025/QH15,
is abrogated.
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1. This Law comes into force from
July 01, 2026, except the cases prescribed in clause 2 of this Article.
2. Clause 2, clause 3 Article 43,
Article 71 and clauses 3, 4, 5 Article 95 of this Law come into force from
January 01, 2026.
3. The Law on Construction No.
50/2014/QH13, as amended by the Law No. 03/2016/QH14, the Law No. 35/2018/QH14,
the Law No. 40/2019/QH14, the Law No. 62/2020/QH14, the Law No. 45/2024/QH15,
the Law No. 47/2024/QH15, the Law No. 55/2024/QH15, the Law No. 61/2024/QH15,
the Law No. 84/2025/QH15, the Law No. 93/2025/QH15 and the Law No. 95/2025/QH15
(hereinafter referred to as the “Law on Construction No. 50/2014/QH13”) shall
cease to have effect from the date of entry into force of this Law.
4. The Government shall elaborate
clause 1 Article 6, Article 7, Article 8, Article 11, Article 16, point a
clause 1 Article 18, Article 19, Article 21, Article 22, clause 3 Article 23,
Article 32, Article 42, Article 47, clause 1 Article 48, Article 49, Article
51, Article 54, Article 55, Article 58, Article 64, Article 65, Article 67,
Article 68; Article 79, Article 82, Article 85, and Article 87 and provide
guidelines on the implementation of this Law.
Article 95.
Transition
1. Procedures for re-approval of
construction investment projects or construction designs which have been
approved before July 01, 2026 are not required but their subsequent steps or
activities must comply with provisions of this Law.
2. If construction designs
developed following fundamental designs of construction works have been duly
appraised by specialized construction agencies in accordance with provisions of
the Law on Construction No. 50/2014/QH13 but need to be further adjusted,
appraisal of such adjusted designs by specialized construction agencies shall
not be required.
3. In case of adjustment of
construction designs of the construction works built under the construction
permits issued in accordance with the Law on Construction No. 50/2014/QH13,
procedures for modification of the issued construction permits shall not be
required if such construction works are eligible to be exempt from the
construction permit requirement as prescribed in this Law.
Construction works that are exempt
from the construction permit requirement as prescribed by the Law on
Construction No. 50/2014/QH13 and meet the conditions for commencement of
construction before January 01, 2026 will continue to be exempt from the
construction permit requirement as prescribed.
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5. Regarding construction works
belonging to projects that have been granted construction permits before
January 01, 2026, if their adjusted feasibility study reports have been duly
appraised by specialized construction agencies and approved, procedures for
modification of issued construction permits shall not be required. If adjusted
feasibility study reports for construction works belonging to projects have
been duly appraised by specialized construction agencies in accordance with the
Law on Construction No. 50/2014/QH13 and approved, they shall be exempt from
the construction permit requirement.
6. Construction investment project
management boards established before July 01, 2026 are not required to change
their forms of organization of project management in accordance with provisions
of this Law.
7. Construction contracts signed
before July 01, 2026 shall continue to be governed by provisions of the Law on
Construction No. 50/2014/QH13 and shall be subject to provisions of this Law
upon occurrence of any force majeure events or fundamental changes in
circumstances. From the effective date of this Law, for construction contracts
under negotiation or completion, the parties may reach an agreement on
application of provisions of this Law in a manner ensuring their consistency
with the contractor selection process (if any) and compliance with other
relevant laws.
8. Inspection of acceptance testing
of construction works commenced before July 01, 2026 which are subject to
acceptance testing inspection as prescribed in the Law on Construction No.
50/2014/QH13 but are not subject to acceptance testing inspection under
provisions of this Law shall not be required. Employers shall organize quality
management, management of execution of construction works, acceptance testing
and transfer of completed construction works for putting into operation or use
as prescribed, and assume responsibility for such acceptance testing results.
This Law is ratified by the 15th
National Assembly of the Socialist Republic of Vietnam during its 10th
Session held on December 10, 2025.
CHAIRMAN
OF THE NATIONAL ASSEMBLY OF VIETNAM
Tran Thanh Man
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