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THE
NATIONAL ASSEMBLY
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SOCIALIST
REPUBLIC OF VIETNAM
Independence - Freedom - Happiness
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No. 50/2014/QH13
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Hanoi, June 18,
2014
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THE CONSTRUCTION LAW
Pursuant to the Constitution of the Socialist
Republic of Vietnam;
The National Assembly promulgates the
Construction Law.
Chapter I
GENERAL PROVISIONS
Article
1. Scope of regulation
This Law prescribes the
rights, obligations and responsibilities of agencies, organizations and
individuals and the state management in construction investment activities.
Article
2. Subjects of application
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In case a treaty to which
the Socialist Republic of Vietnam is a contracting party contains provisions
different from those of this Law, the provisions of that treaty will prevail.
Article
3. Interpretation of terms
In this Law, the terms
below shall be construed as follows:
1. Construction
investment pre-feasibility study report means a document presenting the
contents of preliminary study on the necessity for, feasibility and
effectiveness of, construction investment, which serves as a basis for
consideration of, and decision on, the construction investment policy.
2. Construction
investment feasibility study report means a document presenting the contents of
study on the necessity for, feasibility and effectiveness of, construction
investment in accordance with the selected basic design plan, which serves as a
basis for consideration of, and decision on, construction investment.
3. Construction
investment economic-technical report means a document presenting the contents
on the necessity for, feasibility and effectiveness of, construction investment
in accordance with the construction drawing design plan for a small work, which
serves as a basis for consideration of, and decision on, construction
investment.
4. Specialized
construction work-managing ministry means a ministry tasked to manage and
conduct the construction of works in the construction sector under its
management.
5. Red-line boundary
means a boundary line drawn on the planning map and on the field for the
purpose of demarcating land plots permitted for construction of works and land
plots reserved for roads or technical infrastructure facilities and other
public spaces.
6. Construction boundary
means a limit line of a land parcel within which the main work is permitted to
be constructed.
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8. Economic-technical
norms of a construction plan means the norms forecasted, determined and
selected for use as a basis for proposing options and solutions for
construction planning, including population size, land, technical and social
infrastructure and environmental norms.
9. Construction project
owner (below referred to as project owner) means an agency, organization or
individual that owns funds, borrows loans, or is assigned to directly manage
and use funds, for construction investment activities.
10. Construction work
means a product created by human labor and with building materials and
equipment installed therein, affixed to land, which possibly includes
underground and surface components, underwater and water surface components,
and constructed according to design. Construction works include civil works,
industrial works, traffic works, agricultural and rural development works,
technical infrastructure works and other works.
11. Construction level
means the compulsory minimum construction elevation selected in conformity with
the master plan on the foundation and rainwater drainage height.
12. Construction state
management agencies include the Ministry of Construction, People’s Committees
of provinces or centrally run cities (below collectively rcĩcưed to as
provincial- level People’s Committees) and People’s Committees of rural
districts, urban districts, towns or provincial cities (below collectively
referred to as district-level People’s Committees).
13. Specialized
construction agencies means specialized agencies of the Ministry of
Construction or specialized construction work-managing ministries;
provincial-level Construction Departments or specialized construction
work-managing Departments; construction management sections of district-level
People’s Committees.
14. Specialized agencies
attached to an investment decider means agencies or organizations with
expertise relevant to the characteristics and contents of projects, which are
tasked by investment deciders to conduct appraisal.
15. Construction
investment project means a collection of proposals concerning use of funds for
construction, repair or renovation of a construction work with a view to
developing, maintaining and raising the quality of the work or product or
service within a given duration at specified costs. At the stage of investment
construction project preparation, the project shall be demonstrated through the
construction investment pre-feasibility study report, the construction
investment feasibility study report or construction investment
economic-technical report.
16. Rural residential
quarter means an area where many households are bound together in their
production, daily life and other social activities within a specific zone
formed on the basis of natural conditions, socio-economic conditions, culture
and other factors.
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18. Construction permit with
a definite period means a construction permit granted for construction of a
work or separate house within a given duration under the plan for
implementation of the construction master plan.
19. Phased construction
permit means a construction permit granted for every part of a work or every
work of a project when the construction design of the work or project is not
yet completely implemented.
20. Construction
investment activities means a process of conducting construction activities
including construction, repair and renovation of a construction work.
21. Construction
activities cover construction planning, formulation of a investment project to
construct a work, construction survey, construction design, construction,
construction supervision, project management, selection of contractors,
pre-acceptance test, handover of the work for exploitation or use, its warranty
and maintenance and other activities related to its construction.
22. Technical
infrastructure system includes traffic, information and communication, energy
supply, public lighting, water supply, wastewater and solid waste collection
and treatment facilities, cemeteries and other works.
23. Social infrastructure
system includes health care, cultural, educational, sports, commercial and
public service works, trees, parks and other works.
24. Construction
investment consultancy activities cover construction planning, formulation of
an investment project to construct a work, construction survey, design,
verification, inspection, experimentation, project management, construction
supervision and other counseling jobs related to construction investment
activities.
25. Particular-function
zone means an area developed according to an exclusive function or mixed
functions such as economic zone, industrial park, export processing zone,
hi-tech park; tourist resort, ecological zone, conservation zone,
historical-cultural relic zone; research and training zone; physical training
and sports zone; airport, seaport, technical infrastructure key zone; and
another particular-function zone identified under the approved regional
construction master plan or formed under decision of a competent state agency.
26. Formulation of a
construction investment project covers formulation of a construction investment
pre-feasibility study report (if any), construction investment feasibility
study report or construction investment economic-technical report and the
performance of necessary jobs to prepare the construction investment.
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28. Contractor in
construction investment activities (below referred to as contractor) means an
organization or individual that has full construction capacity or practice
capacity when participating in contractual relations in construction investment
activities.
29. Separate house means
a work constructed within a residential land area under the use rights of a
household or an individual in accordance with law.
30. Construction planning
means the organization of spaces of urban and rural areas and
particular-function zones; the organization of technical and social
infrastructure systems; the establishment of an environment suitable to people
residing in territorial areas, ensuring the harmony between national interests
and community interests, attaining the socio-economic development, national
defense, security, environmental protection and climate change response
objectives. Construction planning is demonstrated through a construction plan
consisting of diagrams, drawings, mock-ups and explanations.
31. Regional construction
planning means the organization of systems of urban and rural areas and
particular-function zones and systems of technical and social infrastructure
works within the administrative boundaries of a province or a district,
inter-provinces or inter-districts, which meets the socio-economic development
requirements in each period.
32. Particular-function
zone construction planning means the organization of space, architecture and
landscape, systems of technical and social infrastructure works within a
particular-function zone. The particular-function zone construction planning
covers general construction planning, construction sub-zone planning and
construction detailed planning.
33. Rural construction
planning means the organization of space, land use, systems of technical
infrastructure and social infrastructure works of a rural area. The rural
construction planning covers commune general construction planning and rural
residential quarter construction detailed planning.
34. Construction work
incident mean a breakdown beyond the allowable safety limit which puts the
construction work or its construction supporting structures in danger of
collapse or has caused the collapse of part or whole of the work in the course
of construction or exploitation and use.
35. Construction general
contractor means a contractor signing a contract directly with a project owner
to undertake one job, some jobs or all jobs of a construction investment
project.
36. Appraisal means the
examination and assessment of the investment decider, project owner and
specialized construction agency of necessary contents in the course of
preparing and implementing a construction investment project, which serve as a
basis for consideration and approval.
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38. Construction of a
work means the construction of, and installation of equipment for, a newly
built, repaired, renovated, relocated, embellished or restored work;
dismantlement of a work; warranty and maintenance of a construction work.
39. Equipment installed
in a work includes work equipment and technological equipment. Work equipment
means equipment installed in a construction work according to its construction
design. Technological equipment means equipment included in the technological
chain installed in a work according to its technological design.
40. Preliminary design
means a design made in the construction investment pre-feasibility study
report, demonstrating the initial ideas on the design of a construction work,
preliminary selection of technological lines and equipment, which serves as a
basis for determining the construction investment policy.
41. Basic design means a
design made in the construction investment feasibility study report, based on
the selected design plan, demonstrating the principal technical parameters
suitable to applied standards and technical regulations, which serves as a
basis for proceeding with subsequent designing steps.
42. Technical design
means a design detailing the basic design after the work construction
investment project is approved in order to fully demonstrate solutions, technical
parameters and to be-used materials conforming with the applied standards and
technical regulations, which serves as a basis for making the construction
drawing design.
43. Construction drawing
design means a design fully demonstrating the technical parameters, to be-used
materials and structural details conforming with the applied standards and
technical regulations, fully meeting the conditions for construction of a work.
44. Construction planning
time limit means a duration identified to be the basis for forecast and
calculation of economic-technical norms for formulation of a construction plan.
45. Planning region means
the territorial space demarcated by one or many administrative units and
decided by a competent state agency.
Article
4. Basic principles of construction investment activities
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2. Rationally using
resources and natural resources in project areas, ensuring proper purposes,
proper subjects and process of construction investment.
3. Complying with
standards and technical regulations, regulations on the use of building
materials; ensuring convenient and safe access for people with disabilities,
the elderly and children to public facilities and high-rises; ensuring
scientific and technological application and information system application to
construction investment activities.
4. Ensuring the quality,
schedule and safety of works, human lives and health and property; fire and
explosion prevention and fighting; and environmental protection.
5. Ensuring synchronous
construction within each work and synchronism with technical and social
infrastructure facilities.
6. Organizations and
individuals involved in construction activities must have full capacity
conditions suitable to types of projects, types and grades of construction
works and jobs as prescribed by this Law.
7. Ensuring the
publicity, transparency, thrift and efficiency; preventing and combating
corruption, waste, loss and other negative practices in construction investment
activities.
8. Clearly defining the
function of state management in construction investment activities from the
function of management of project owners suitable to each type of to used
funding sources.
Article
5. Types and grades of construction works
1. Construction works
shall be classified by type and grade.
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3. Grades of construction
works shall be determined according to types of works and based on their sizes,
purposes, importance, lifetime, used materials and technical requirements on
construction.
The grades of works
include special grade, grade I, grade II, grade III, grade IV and other grades
stipulated by the Government.
Article
6. Application of standards and technical regulations in construction investment
activities
1. Construction
investment activities must comply with national technical regulations.
2. Standards shall be
applied in construction investment activities on the principle of
voluntariness, excluding standards referred in technical regulations or other
relevant legal documents.
3. Standards applicable
to works shall be considered and approved by investment deciders when deciding
the investment.
4. The application of
standards must satisfy the following requirements:
a/ Meeting the requirements
of national technical regulations and relevant laws;
b/ Ensuring synchronism
and feasibility of the applied standard system.
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6. The Ministry of
Construction and specialized construction work-managing ministries shall
formulate standards and national technical regulations applicable to
specialized construction works in accordance with the law on standards and
technical regulations.
Article 7. Project owners
1. The project owner
shall be decided by the investment decider before the formulation or approval
of a project.
2. Depending on funding sources
used for projects, project owners shall be specifically determined as follows:
a/ For a project using
state budget funds or non-budget state funds, the project owner is the agency
or organization assigned by the investment decider to manage and use the funds
for construction investment;
b/ For a project financed
by a loan, the project owner is the agency, organization or individual that
borrows the loan for construction investment;
c/ For a project to be
implemented under project contract or public-private partnership contract, the
project owner is the project enterprise established with the investors’
agreement in accordance with law;
d/ For projects other
than those prescribed at Points a, b and c of this Clause, the owners of funds
shall act as project owners.
3. Based on the specific
conditions of projects using state budget funds, the investment deciders shall
assign the specialized construction investment project management units or regional
construction investment project management units to be project owners; if the
project management units are not available, investment deciders shall select
fully qualified agencies or organizations to be project owners.
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Article
8. Monitoring and evaluation of construction investment projects
1. Construction
investment projects shall be monitored and evaluated as suitable to each type
of funding source as follows:
a/ For projects using
state funds, competent state agencies shall conduct the monitoring and
evaluation in accordance with the law on public investment and law on construction
according to the approved evaluation contents and criteria;
b/ For projects using
other funding sources, competent state agencies shall conduct the monitoring
and evaluation of objectives, conformity with relevant master plans, land use,
construction investment schedule and environmental protection.
2. Infrastructure
construction investment projects using state funds or community- contributed
funds and financial assistance of domestic organizations and individuals are
subject to community supervision.
Within the ambit of their
tasks and powers, the Vietnam Fatherland Front Committees in construction areas
shall organize the community supervision.
3. The Government shall
detail this Article.
Article
9. Insurance in construction investment activities
1. Insurance in
construction investment activities covers:
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b/ Construction
investment consultancy professional liability insurance;
c/ Insurance for
construction supplies, materials, means, equipment and laborers;
d/ Civil liability
insurance for third party;
dd/ Construction work
warranty insurance.
2. Responsibility to buy
compulsory insurance in construction investment activities is prescribed as
follows:
a/ Project owners shall
buy work insurance during the construction for works affecting the community
safety, environment, works with particular technical requirements and
complicated construction conditions;
b/ Consultancy
contractors shall buy construction investment consultancy professional
liability insurance for construction survey and construction design of
construction works of grade II or higher grade;
c/ Construction
contractors shall buy insurance for construction workers working on the
construction sites.
3. Project owners,
consultancy contractors and construction contractors are encouraged to buy
types of insurance in construction investment activities, except for the case
specified in Clause 2 of this Article.
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Article
10. Encouragement policies in construction investment activities
1. Domestic and foreign
organizations and individuals shall be encouraged and given conditions to
research and apply advanced construction science and technology, use new
materials, conserve energy and resources, protect the environment and respond
to climate change; to conserve, embellish and promote the value of historical
relics, cultural heritages, beliefs and religion; organizations and individuals
shall be given conditions to build social houses, participate in construction
investment under planning in mountainous areas, areas facing exceptionally
difficult socio-economic conditions and areas prone to climate change.
2. Stakeholders of all
economic sectors in construction investment activities shall be treated equal
before law, encouraged and given favorable conditions in construction
investment activities; contractors with works conferred by the State with the
construction work quality awards shall be given priority when they participate
in bidding in construction activities.
3. A number of public
services provided by state management agencies in construction investment
activities shall be gradually transferred to fully capable and qualified socio-
professional organizations for provision.
Article
11. International cooperation in construction investment activities
1. Domestic organizations
and individuals shall be encouraged to expand international cooperation in
construction investment activities, transfer of technologies, techniques,
managerial experiences and use of new materials.
2. The State shall
protect Vietnamese construction brands overseas; create conditions to support
and work out measures to promote the conclusion and implementation of treaties
and international agreements in construction investment activities between
domestic organizations and individuals and foreign organizations and
individuals on the basis of ensuring the fundamental principles in construction
investment activities prescribed in Article 4 of this Law.
Article
12. Prohibited acts
1. Deciding on
construction investment in contravention of this Law.
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3. Constructing works in
non-construction zones ; constructing works in encroachment upon the protection
corridors of national defense, security, traffic or irrigation works, dykes,
energy facilities, historical-cultural relic areas and protection zones of
other works prescribed by law; constructing works in areas prone to landslide,
sweeping flood or flash flood, except works built to overcome these phenomena.
4. Constructing works at
variance with construction master plan, except cases with construction permits
with a definite term; in encroachment of construction boundaries or
construction levels; constructing works at variance with granted construction
permits.
5. Formulating,
appraising and approving designs and cost estimates of construction works using
state funds in contravention of this Law.
6. Contractors
participating in construction activities when failing to fully satisfy the
capacity conditions for carrying out construction activities.
7. Project owners selecting
contractors that fail to fully meet the capacity conditions for conducting
construction activities.
8. Constructing works not
in compliance with the selected standards and technical regulations to be
applied to works.
9. Manufacturing and
using building materials which cause harms to community health and environment.
10. Violating regulations
on labor safety and assets, fire and explosion prevention and fighting,
security, order and environmental protection in construction.
11. Using works against
their purposes and utility; building annexes or lean-tos encroaching upon areas
and spaces lawfully managed or used by other organizations or individuals or
upon public areas and common-use areas.
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13. Abusing positions and
powers to violate the law on construction; covering up and handling late acts
in violation the law on construction.
14. Obstructing lawful
construction investment activities.
Chapter II
CONSTRUCTION PLANNING
Section 1. GENERAL PROVISIONS
Article
13. Construction planning and bases for construction planning
1. Construction planning
shall be classified into the following types:
a/ Regional construction
planning;
b/ Urban construction
planning;
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d/ Rural construction
planning.
2. Construction planning
shall be based on the following:
a/ Strategies and master plans on socio-economic
development, national defense, security, sectoral masterplans, orientations for
planning the national urban center systems and relevant construction master
plans already approved;
b/ Technical regulations
on construction planning and other relevant regulations;
c/ Maps, documents and
data on current local socio-economic situation and natural conditions.
3. Urban planning must comply
with the law on urban planning.
Article
14. Requirements and compliance principles on construction planning
1. Requirements on
construction planning include:
a/ Conforming with the
objectives of strategies and master plans on socio- economic development,
national defense and security maintenance, creating a motive force for
sustainable socio-economic development; consistent with sectoral development
master plans; publicity, transparency, harmony between national interests and
community and personal interests;
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c/ Meeting the demand for
use of the technical infrastructure system; ensuring connection and uniformity
of regional, national and international technical infrastructure facilities;
d/ Protecting the
environment, preventing and fighting natural disasters and responding to
climate change, minimizing the adverse impacts on community, conservation,
embellishment and development of the value of historical relics, cultural
heritages, beliefs and religions; ensuring synchronism in architectural space,
social and technical infrastructure facilities;
dd/ Establishing bases
for planning, investment management and construction investment attraction, and
managing, exploiting and using regional construction works, particular-function
zones and rural areas.
2. Compliance principles
for construction planning include:
a/ The implementation of
construction investment programs and activities and the management of space,
architecture and scenery must comply with the approved construction master
plans and conform with the mobilized resources;
b/ Construction planning
must ensure the uniformity and conformity with planning at higher degrees.
Article
15. Review of construction planning
1. Construction planning
shall be periodically examined and reviewed and the implementation process
shall be assessed in order to make timely adjustments suitable to the
socio-economic development situation in each period. The construction
planning-reviewing period is 10 years for regional planning, 5 years for
general planning and zoning planning and 3 years for detailed planning after
they are approved.
2. The People’s
Committees at all levels shall review the approved construction planning.
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Article
16. Responsibility to collect comments on construction planning
1. Agencies or project
owners organizing construction planning shall collect comments of related
agencies, organizations, individuals and communities on construction planning
tasks and plans.
Related People’s
Committees shall coordinate with construction planning agencies and construction
investment project owners in collecting comments.
2. For the construction
planning tasks and plans to be approved by the Prime Minister, the Ministry of
Construction shall collect comments of other related ministries, central
agencies and organizations; provincial-level. People’s Committees shall collect
comments of related agencies, organizations, individuals and communities in
their localities.
3. The contributed
comments shall be fully summarized, explained, assimilated and reported to
competent state agencies for consideration and decision.
Article 17. Forms and time of
collecting comments on construction planning
1. The collection of
comments of related agencies, organizations and individuals on construction
planning tasks and plans shall be carried out in form of sending dossiers and
documents or organizing conferences or seminars. Consulted agencies,
organizations and individuals shall reply in writing or directly give comments.
2. The collection of
comments of communities on construction planning tasks and plans shall be
carried out via collection of comments of community representatives in form of
questionnaires and interviews. Community representatives shall summarize
comments of their communities in accordance with the law on grassroots democracy.
3. The collection of
comments of communities on the tasks and plans of zoning planning, detailed
construction planning and commune construction general planning or rural
residential quarter construction planning shall be carried out via comment cards
through public display or presentation of planning options in the mass media.
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5. Construction planning
agencies or organizations shall receive comments of agencies, organizations and
communities to complete the construction planning tasks and plans; in case of
refusal, they shall reply in writing and clearly state the reasons before the
master plans are approved.
6. The Government shall
detail the collection of comments on construction planning tasks and plans from
related agencies, organizations, individuals and communities.
Article
18. Selection of construction planning consultancy organizations
1. Agencies organizing
construction planning shall decide on forms of selecting consultancy
organizations to participate in construction planning in accordance with law.
2. When selecting construction
planning consultancy organizations, construction planning agencies or project
owners shall base themselves on the capacity conditions on construction
planning consultancy organizations prescribed in this Law, and take
responsibility before law for the damage caused by the selection of consultancy
organizations that fail to fully meet the capacity conditions.
3. To encourage the
selection of construction planning consultancy organizations in form of contest
for general master plans on construction of large particular functional zones
of special significance and construction zone master plans and detailed master
plans on construction of areas of important significance in the
particular-function zones.
Article
19. Funds for construction planning
1. The State shall ensure
funds as prescribed by law for construction planning work.
2. The State shall
encourage domestic and foreign organizations and individuals to provide funds
for construction planning.
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Construction planning
shall be demonstrated through construction plans and must comply with the
following order:
1. Devising and approving
construction planning tasks;
2. Conducting field
investigations and surveys; collecting maps, documents and data on natural
conditions, current socio-economic situation, socio-economic development master
plans and relevant sectoral development master plans for the formulation of
construction plans;
3. Formulating
construction plans;
4. Appraising and
approving construction plans.
Article
21. Archive of construction plan dossiers
1. Construction planning
agencies, organizations and project owners shall archive dossiers of approved
construction plans in accordance with the law on archive.
2. Construction planning
state management agencies and land management agencies at different levels
shall archive construction plan dossiers and provide them to individuals,
organizations and competent state agencies in accordance with law.
Section 2. REGIONAL CONSTRUCTION
PLANNING
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1. Regional construction
planning shall be carried out for the following regions:
a/ Inter-provincial
regions;
b/ Provincial regions;
c/ Inter-district
regions;
d/ District regions;
dd/ Particular-function
zones;
e/ Regions lying along
expressways or inter-provincial economic corridors.
2. In an inter-provincial
or provincial construction plan, the technical-infrastructure system planning
shall be detailed via specialized technical-infrastructure plans.
3. Responsibility to
organize regional construction planning is prescribed as follows:
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b/ Specialized
construction work-managing ministries shall organize the formulation of
inter-provincial technical infrastructure planning tasks and plans;
c/ Provincial-level
People’s Committees shall organize the formulation of construction planning
tasks and plans for other regions of the administrative units under their
management.
Article
23. Regional construction planning tasks and contents of regional construction
plans
1. The regional construction
planning task covers:
a/ Identifying
justifications and bases for the formation of regional boundaries;
b/ Identifying regional
development objectives;
c/ Forecasting the
regional population size, technical and social infrastructure demands for each
development period;
d/ Identifying
requirements on spatial organization for systems of urban centers, rural areas,
major areas and functional zones, systems of technical and social
infrastructure facilities on a regional scale in each period.
2. A regional
construction plan covers:
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b/ The
particular-function zone construction planning which shall be formed on the
basis of socio-economic, defense and security potentials, cultural heritages
and natural landscape; identify and analyze the development potential,
capability of exploitation and dividing functional zones, population
distribution and organization of the technical infrastructure system suitable
to the characteristics and development objectives of each zone;
c/ Construction planning
for regions along expressways or inter-provincial economic corridors, which
must analyze the driving forces and impacts of the expressways and corridors on
the development of these regions, solutions to land exploitation and use,
organization of architectural space and landscape and technical infrastructure
systems suitable to the characteristics of the expressways or corridors and
ensure traffic safety along the whole routes;
d/ The specialized
technical infrastructure construction planning, which must forecast the
development and land use demands; identify the locations and sizes of key
works, supporting facilities, main transmission networks, distribution networks
and work safety protection corridors;
dd/ Based on the regional
sizes and characteristics, regional construction plans shall be studied on the
basis of topographical maps of 1:25,000 - 1:250,000 scales;
e/ The planning period
for regional construction planning, which is between 20 and 25 years, with a
50-year vision;
g/ The approved regional
construction planning serves as a basis for urban planning, particular-function
zone construction planning, rural construction planning and technical
infrastructure system planning at regional level.
3. The Government shall
detail this Article.
Section
3. PARTICULAR-FUNCTION ZONE CONSTRUCTION PLANNING
Article
24. Particular-function zones and responsibility to plan construction of
particular-function zones
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a/ Economic zones;
b/ Industrial parks, export-processing
zones, hi-tech parks;
c/ Tourist resorts,
ecological resorts;
d/ Conservation zones;
revolutionary, historical-cultural relic zones;
dd/ Research and training
zones; physical training and sports zones;
e/ Airports, seaports;
g/ Key technical
infrastructure zones;
h/ Other
particular-function zones identified under the approved regional construction
planning or established under decisions of competent state agencies.
2. The responsibility to
organize particular-function zone construction planning is prescribed as
follows:
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b/ Provincial-level
People’s Committees shall organize the formulation of planning tasks and
general plans for construction of particular-function zones, except the
planning prescribed at Point a, Clause 2 of this Article, and tasks as well as
sub-zoning plans for construction of particular-function zones;
c/ District-level
People’s Committees or construction investment project owners shall organize
the formulation of planning tasks and detailed plans for construction of
regions assigned to them for management or investment.
Article
25. Levels of particular-function zone construction planning
1. Construction general
planning shall be carried out for particular-function zones of a size of 500
hectares or over, which serve as a basis for sub-zoning planning and
construction detailed planning.
2. Construction sub-zone
planning shall be carried out for particular-function zones of a size of under
500 hectares, which serve as a basis for construction detailed planning.
3. Construction detailed
planning shall be carried out for areas within particular-function zones, which
serve as a basis for grant of construction permits and formulation of
construction investment projects.
Article 26. General planning
for construction of particular-function zones
1. The tasks of general
planning for construction of particular-function zones include:
a/ Justifications and
bases for formation and determination of boundaries of particular- function
zones;
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c/ For general planning
for construction or renovation of particular-function zones, in addition to the
contents prescribed at Point a, Clause 1 of this Article, the requirements on
areas to be cleared for construction, areas to be retained for embellishment,
areas to be protected, and other specific requirements shall be identified
according to characteristics of each particular-function zone.
2. A general plan on
construction of a particular-function zone must cover:
a/ A general plan on
construction of a particular-function zone, which covers the identification of
development objectives and driving forces, population size, land, technical and
social infrastructure norms; development model, orientations for spatial
development of functional zones, administrative, service, commercial, cultural,
educational and training, and healthcare centers, parks, physical training and
sports centers; systems of overhead, land, water and underground frame
technical infrastructure systems; strategic environmental assessment;
investment priority plan and resources for implementation.
b/ Drawings of a general
plan on construction of a particular-function zone, which are demonstrated on a
1:5,000 or 1:10,000 scale;
c/ The planning period of
between 20 and 25 years;
d/ An approved general
plan on construction of a particular-function zone serves as a basis for
formulation of construction sub-zone planning, detailed planning for
construction of areas and for formulation of investment projects to construct
frame technical infrastructure in the particular-function zone.
3. A general plan on
construction of an exclusive particular-function zone must cover the
determination of population size, land, technical and social infrastructure
norms; orientations for spatial development of functional sub-zones; planning
for framework technical infrastructure system; strategic environmental
assessment; investment priority plan and resources for implementation.
Article 27. Sub-zone planning
for construction of particular-function zones
1. The tasks of sub-zone
planning for construction of a particular-function zone include:
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b/ List of proposed
measures for renovation of to be-retained facilities in the renovation planning
area;
c/ Other requirements for
each planning area.
2. A plan on sub-zones
for construction of a particular-function zone must cover:
a/ Contents of the plan
on sub-zones for construction of a particular-function zone, which include the
determination of utility for every land plot; principles of spatial and
architectural landscape organization for the entire planning area; norms of
population, land use and system of technical infrastructure facilities for
every land plot; arrangement of social infrastructure system to meet use
demands; arrangement of technical infrastructure networks to street axes
suitable to the development stages of the entire particular-function zone;
strategic environmental assessment;
b/ Drawings of the plan
on sub-zones for construction of the particular-function zone, which shall be
demonstrated on a 1:2,000 scale;
c/ The planning period
for sub-zone planning for the construction of a particular-function zone, which
shall be determined on the basis of the period of general planning and
development and management requirements of the particular-function zone;
d/ The approved plan on
sub-zones for construction of the particular-function zone serves as a basis
for determination of construction investment projects in the
particular-function zone and for construction detailed planning.
Article
28. Detailed planning for construction in particular-function zones
1. Tasks of detailed
planning for construction in a particular-function zone include:
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b/ List of proposed
measures for renovation of to be-retained facilities in the renovation planning
area;
c/ Other requirements on
every planning area.
2. A detailed plan on construction
in a particular-function zone must cover:
a/ Contents of the
detailed plan, which include the determination of norms of population and land
use, technical and social infrastructure and requirements on spatial and
architectural organization for the entire planning areas; arrangement of social
infrastructure facilities to meet use demands; requirements on architecture of
works for every land plot and urban design; arrangement of the system of
technical infrastructure facilities to the land plot boundaries; strategies
environmental assessment;
b/ Drawings of the
detailed plan, which shall be demonstrated on a 1:500 scale;
c/ The planning period
for construction detailed planning, which is determined on the basis of
investment plans;
d/ The approved
construction detailed plan serves as a basis for grant of construction permits
and formulation of construction investment projects.
Section
4. RURAL CONSTRUCTION PLANNING
Article
29. Objects and levels of, and responsibility to organize, rural construction
planning
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2. Rural construction
planning shall be classified into the following levels:
a/ Construction general
planning, which shall be carried out for the entire administrative boundaries
of communes;
b/ Construction detailed
planning, which shall be carried out for rural residential quarters.
3. Commune-level People’s
Committees shall assume the prime responsibility for organizing the formulation
of tasks of and plans on rural construction.
Article 30. Commune
construction general planning
1. Tasks of commune
construction general planning cover the objectives, commune boundary scope;
characteristics and functions of the commune; determination of factors
affecting the socio-economic development of the commune; forecasts of its
population size and labor; land size, major economic-technical norms;
requirements on the principles of organizing the distribution of functional
zones of agricultural, industrial, cottage-industrial and handicraft
production, craft villages, houses, services and systems of technical
infrastructure facilities.
2. A commune construction
general plan must cover:
a/ Contents of the plan,
which cover the determination of development potentials and driving forces,
population size and labor, land size, network of rural residential quarters;
orientations for organization of commune overall space; orientations for
development of functional zones of agricultural, industrial, cottage-industrial
and handicraft production, craft villages, houses, services and system of
technical infrastructure facilities;
b/ Drawings of the
commune construction general plan, which are demonstrated on a 1:5,000,
1:10,000 or 1:25,000 scale;
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d/ The approved commune
construction general plan serves as a basis for carrying out detailed planning
for construction of rural residential quarters including commune centers,
residential quarters and other functional zones in the commune.
Article 31. Detailed planning
for construction of rural residential quarters
1. Tasks of detailed
planning for construction of rural residential quarters must cover the
forecasts of population size and labor; land size; requirements on land use for
arrangement of construction, conservation or renovation works; technical and
social infrastructures in rural residential quarters.
2. A detailed plan on
construction of rural residential quarters must cover:
a/ Contents of the
detailed plan, which include identification of construction positions and areas
of works: working offices of administrative units of the commune, educational,
health care, cultural, physical training and sports, commercial and service
works and houses; planning for technical and production infrastructures;
b/ Drawings of the
detailed plan, which shall be demonstrated on a 1:500 or 1:2,000 scale;
c/ The planning period
based on investment plans and resources for implementation;
d/ The approved detailed
plan on construction of rural residential quarters serves as a basis for
formulation of construction investment projects and grant of construction
permits.
Section
5. APPRAISAL AND APPROVAL OF CONSTRUCTION PLANNING
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1. The Ministry of
Construction shall appraise construction planning tasks and plans falling
within the approving competence of the Prime Minister.
2. Construction planning-managing
agencies of provincial-level People’s Committees shall appraise construction
planning tasks and plans falling within the approving competence of the
People’s Committees of the same level.
3. Construction
planning-managing agencies of district-level People’s Committees shall appraise
construction planning tasks and plans falling within the approving competence
of the People’s Committees of the same level.
Article
33. Appraisal councils and contents of appraisal of construction planning tasks
and plans
1. The Ministry of
Construction shall decide on the establishment of the council for appraisal of
construction planning tasks and plans falling within the approving competence
of the Prime Minister and construction plans formulated by the Ministry of
Construction. The Ministry of Construction shall act as the standing body of
the appraisal council.
2. The People’s
Committees shall decide on the establishment of councils for appraisal of
construction planning tasks and plans within their respective approving
competence. The construction planning-managing agencies of provincial- or
district-level People’s Committees shall act as standing bodies of the
appraisal councils of the same level.
3. An appraisal council
shall be composed of representatives of state management agencies,
socio-professional organizations and experts in the relevant fields.
4. Contents of appraisal
of construction planning tasks cover:
a/ The conformity of
construction planning tasks with the strategies and master plans on socio-economic
development, national defense, security, environmental protection and response
to climate change, relevant construction master plans and land use master plans
and plans;
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5. Contents of appraisal
of a construction plan cover:
a/ The satisfaction of
the conditions by construction planning-designing organizations prescribed in
Article 150 of this Law;
b/ Grounds for
formulation of construction plans prescribed in Clause 2, Article 13 of this
Law;
c/ The conformity of the
construction plan with the tasks and content requirements of each type of
construction planning prescribed in Sections 2, 3 and 4 of this Chapter.
Article 34. Competence to
approve construction planning tasks and plans
1. The Prime Minister
shall approve the tasks and plans of the following types of construction
planning:
a/ Construction planning
for inter-provincial regions, construction planning for provincial regions,
construction planning for particular-function zones and construction planning
for regions lying along expressways or inter-provincial economic corridors;
specialized planning for inter-provincial technical infrastructure;
b/ General construction
planning for economic zones, general construction planning for hi-tech parks;
c/ General construction
planning for tourist resorts, ecological resorts, conservation zones,
revolutionary and cultural-historical relics zones, research and training
zones, physical training and sports zones and other particular-function zones
of national level;
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2. Provincial-level
People’s Committees shall approve the following construction planning tasks and
plans:
a/ Construction planning
for inter-district regions, construction planning for district regions;
b/ General construction
planning for particular-function zones, except the types of planning prescribed
at Point c, Clause 1 of this Article;
c/ Planning for
construction of particular-function zones.
3. District-level
People’s Committees shall approve the sub-zone planning tasks and plans,
detailed construction planning and planning for rural construction within the
administrative boundaries under their respective management after obtaining
written consent of construction planning-managing agencies of provincial-level
People’s Committees.
4. The People’s Committees
at different levels organizing construction planning shall submit construction
plans to the People’s Councils of the same level for decision before they are
considered and approved by competent state agencies.
5. Forms and contents of
approval of construction planning tasks and plans include:
a/ Construction planning
tasks and plans shall be approved in writing;
b/ The written approval
of construction planning must include the main contents of the construction
plan prescribed in Articles 23, 26, 27, 28, 30 and 31 of this Law, which is
enclosed with a list of approved drawings.
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Article
35. Conditions on adjustment of construction planning
1. Regional construction
planning may be adjusted when there appears one of the following circumstances:
a/ Adjustment of regional
socio-economic development master plans, the regional sectoral development
master plans; regulations on protection of natural resources and environment;
land use masterplans and plans; national defense and security strategies;
regional development driving projects;
b/ Changes in natural
geographical conditions, administrative boundaries, big fluctuations in
population and socio-economic situation.
2. Particular-function
zone construction planning may be adjusted when there appears one of the
following circumstances:
a/ Adjustment of regional
socio-economic development master plans, construction master plans, sectoral
development master plans;
b/ Creation of key projects
of national significance which greatly affect the land use, environment,
spatial composition of functional zones;
c/ Impossible
implementation of the construction planning or the implementation thereof
causing adverse impacts on socio-economic development, national defense,
security, social security and ecological environment or cultural-historical
relics and community opinion;
d/ Changes in climate,
geology or hydrology;
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3. Rural construction
planning may be adjusted when there appears one of the following circumstances:
a/ Adjustment of local
socio-economic development master plan;
b/ Adjustment of regional
construction master plan;
c/ Adjustment of local
land use master plan and plan;
d/ Changes in geological
and natural conditions.
Article
36. Principles of construction planning adjustment
1. The adjustment of
construction planning shall be based on the analysis and evaluation of current
situation and results of implementation of existing master plans, clear
determination of requirements of regional renovation embellishment to propose
adjustment of land use norms, solutions to the arrangement of space and
landscape for each area; solutions to the improvement of technical and social
infrastructure systems to meet the development requirements.
2. Contents of adjusted
construction planning shall be appraised and approved in accordance with this
Law; non-adjusted contents of the approved construction plans may still be
implemented.
Article
37. Types of adjustment of construction planning
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a/ The overall adjustment
of construction planning shall be made when the characteristics, functions,
sizes of planning regions or areas change or the contents of proposed
adjustment would alter the structure and orientations for general development
of planning regions or areas;
b/ The overall adjustment
of construction planning must satisfy practical requirements and be in line
with the socio-economic development trends and orientations for future
development of regions or areas, improve the quality of the living environment,
infrastructure and landscape, ensuring the inheritance and without exerting
impacts on ongoing construction investment projects.
2. The partial adjustment
of construction planning is prescribed as follows:
a/ The partial adjustment
of construction planning only applies to particular-function
zones;
b/ The partial adjustment
of construction planning for particular-function zones may be carried out when
the proposed adjustment contents do not greatly affect the characteristics,
functions, boundaries and general development orientations of the planning
zones and the major planning solutions of the areas under the construction
subzone planning or construction detailed planning;
c/ The partial adjustment
of construction planning for particular-function zones must clearly define the
adjustment scope, extent and contents; ensure the continuity and synchronism of
the general planning for construction of particular-function zones or
construction subzone planning or existing construction detailed planning, based
on the analysis and identification of reasons for adjustment; socio-economic
effectiveness of the adjustment; solutions to problems caused by the
construction planning adjustment.
Article
38. Order of overall adjustment of construction planning
1. Based on the
socio-economic development situation and factors affecting the development of regions,
particular-function zones, rural areas; the adjustment conditions and after
reviewing the construction planning, the construction planning agencies shall
report the overall adjustment of the construction planning to agencies
competent to approve construction planning for consideration and decision.
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3. The formulation of,
consultation on, appraisal and approval of the tasks and plans on overall
adjustment of construction planning and the announcement of adjusted
construction planning must comply with Articles 16 and 17 and Sections 2, 3, 4
and 5 of this Chapter.
Article
39. Order of partial adjustment of construction planning
1. Construction planning
agencies shall make reports on the contents of, and plans for, partial
adjustment of construction planning, collect opinions of communities in the
planning adjustment areas and directly affected vicinities and submit them to
agencies competent to approve construction planning for consideration and
decision on the partial adjustment of construction master plans.
2. Agencies or persons
competent to approve construction planning shall decide in writing the partial
adjustment based on the opinions of the construction planning-appraising
agencies.
3. Construction planning
agencies shall update and demonstrate the adjusted contents in the construction
planning dossiers. The adjusted contents of construction planning shall be
publicized according to Article 42 of this Law.
Section
7. ORGANIZATION OF IMPLEMENTATION OF CONSTRUCTION PLANNING
Article
40. Publicization of construction planning
1. A construction plan
shall be publicized within 30 days after it is approved.
2. The to be-publicized
contents of construction planning include the basic contents of the
construction plan and regulations on management according to the promulgated
construction plan, except contents related to national defense, security and
state secrets.
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Article
41. Responsibility to publicize construction planning
1. For regional
construction planning:
a/ The Ministry of
Construction shall assume the prime responsibility for, and coordinate with
related provincial-level People’s Committees in. publicizing inter-provincial
construction planning which falls within the approving competence of the Prime
Minister.
b/ Provincial-level
People’s Committees in the planning regions shall organize the publicization of
regional construction planning falling within the approving competence of the
Prime Minister, except for the types of planning prescribed at Point a of this
Clause;
c/ District-or
commune-level People’s Committees in the planning regions shall organize the
publicization of regional construction planning which falls within the
approving competence of their provincial-level People’s Committees.
2. For general planning
for construction of particular-function zones:
a/ The Ministry of
Construction shall assume the prime responsibility for, and coordinate with the
related provincial-level People’s Committees in, publicizing the
inter-provincial plans on construction of particular-function zones, which fall
within the approving competence of the Prime Minister.
b/ The People’s
Committees at different levels shall publicize general plans on construction of
particular-function zones within their respective administrative boundaries.
3. The People’s
Committees at different levels shall publicize the approved sub-zone construction
plans and detailed planning for construction of particular-function zones
within the administrative boundaries under their management to people for
implementation and supervision of the implementation.
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5. Within 30 days after
the construction planning is approved, the People’s Committees at different
levels shall publicize it.
6. If persons responsible
to publicize the construction planning do not publicize, delay the
publicization or falsely publicize the contents of approved construction
planning, they shall be disciplined or examined for penal liability, depending
on the nature and severity of their violations; if causing damage, they shall
compensate therefor in accordance with law.
Article
42. Forms of publicizing construction planning
1. An approved
construction plan shall be publicized on the website of the state management
agency in charge of construction planning.
2. In addition to the
form of publicization prescribed in Clause 1 of this Article, competent persons
may decide on other forms of publicization as follows:
a/ Organizing conferences
to publicize the construction planning, with the participation of
representatives of related organizations and agencies, Vietnam Fatherland Front
Committee, representatives of people in the planning region and of the press
agencies;
b/ Public, regular and
continuous display of panels, drawings and mock-ups at public places and
offices of construction planning management agencies at all levels and at
offices of commune-level People’s Committees, for detailed construction
planning;
c/ Printing and widely
distributing construction planning maps and regulations on management of approved
construction planning.
Article
43. Provision of information on construction planning
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a/ Publicizing
construction plan dossiers;
b/ Explaining the
construction planning;
c/ Providing information
in writing.
2. Construction
planning-managing agencies shall provide information on construction locations,
construction boundaries, red-line boundaries, construction levels and other
information relating to the planning when so requested by organizations and
individuals within the scope of construction plans under their management.
The People’s Committees
at different levels shall organize the receipt and processing of requests and
provision of information upon request.
Within 15 days after
receiving a request, the construction planning-managing agency shall provide
information in writing to the requester.
3. Requesters for the
provision of information in writing shall pay a charge for the provision of
information.
4. Information providers
shall take responsibility before law for the time of information provision and
the accuracy of the provided documents and data.
Article
44. Planting of construction boundary markers on the field
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2. The planting of
boundary markers under approved construction planning covers the planting of
red-line markers, construction boundary markers, construction level markers and
no-construction zone boundary markers under the approved boundary marker
dossiers.
3. After the construction
plans are approved by competent state agencies, the People’s Committees at
different levels have the following responsibilities:
a/ To organize the
compilation and approval of dossiers on boundary marker planting under the
approved construction planning. The time limit for compilation and approval of
boundary marker dossiers is 30 days after the construction plans are approved.
The planting of boundary markers on the field shall be completed within 45 days
after the boundary marker dossiers are approved;
b/ To organize the
planting of boundary markers on the field for construction detailed plans after
the investors are selected.
4. Responsibility to
organize and conduct the boundary marker planting is prescribed as follows:
a/ Provincial-level
People’s Committees shall direct the planting of construction boundary markers
for construction plans within their respective administrative boundaries;
b/ District-level
People’s Committees shall organize the planting of construction boundary
markers for construction plans within their respective administrative
boundaries;
c/ Commune-level People’s
Committees shall plant construction boundary markers for construction plans
within their respective administrative boundaries.
5. Boundary marker
planting dossiers shall be made by professional units.
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7. Commune-level People’s
Committees shall protect the on-field boundary markers.
8. The construction
planning-managing agencies shall keep the approved boundary marker planting
dossiers and provide documents related to boundary markers to organizations and
individuals upon request.
9. When construction
planning is adjusted, the boundary markers shall be adjusted according to the
adjusted planning.
10. Those who commit acts
of planting boundary markers or construction level markers at wrong locations,
removing or destroying boundary markers or construction level markers shall be
disciplined, administratively sanctioned or examined for penal liability,
depending on the nature and severity of their violations; if causing damage,
they shall pay compensations therefor in accordance with law.
Section
8. MANAGEMENT OF CONSTRUCTION UNDER CONSTRUCTION PLANNING
Article
45. Principles of management of construction under construction planning
1. The management of
construction investment must be based on the construction planning approved by
competent agencies.
2. The construction, repair
or renovation of architectural works, technical and social infrastructure
facilities and houses must conform with the approved construction detailed
planning and comply with the law on construction.
Article
46. Introduction of construction locations
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2. Locations introduced
for construction investment must conform with construction planning, sizes,
investment characteristics, save construction land; not affect the
socio-economic development and environment of the regions, particular-function
zones and rural areas.
Article 47. Construction
planning permits
1. Construction planning permit
means a document granted by a competent state agency to the owner of a
construction investment project in a particular-function zone, which serves as
a basis for detailed planning or project formulation when the sub-zone planning
or construction detailed planning is not yet approved.
2. The grant of
construction planning permits shall be based on the requirements on
particular-function zone development management and control, technical
regulations on construction planning, management regulations under the general
planning for construction of particular-function zones.
3. A construction
planning permit must cover the scope and size of the planning area, the
permitted construction-planned land use quota, the requirements on land
exploitation and use, organization of architectural space, ground and
underground technical and social infrastructures, landscape and environment
protection in the project area, and its validity duration.
4. The competence to
grant construction planning permits is prescribed as follows:
a/ Provincial-level
People’s Committees shall grant construction planning permits for construction
investment projects in national-level particular-function zones;
b/ District-level
People’s Committees shall grant construction planning permits for construction
investment projects other than those prescribed at Point a of this Clause.
5. Organizations and
individuals that are granted construction planning permits shall pay a fee in
accordance with the law on charges and fees.
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Article
48. Management of the implementation of construction planning
1. Provincial-level
People’s Committees shall direct the formulation of programs and plans for
implementation of construction planning for development of urban and rural
areas and particular-function zones in areas under their respective management
in accordance with the approved construction planning.
2. The Ministry of
Construction shall direct and coordinate the management of inter- provincial
construction planning, covering:
a/ Determination of the
list of programs and plans for implementation of the planning, priority
investment projects to construct regional technical and social infrastructure
systems;
b/ Attraction and
distribution of investment capital sources for development of regional
technical and social infrastructure systems;
c/ Review, adjustment,
examination and inspection of the implementation of inter- provincial
construction planning:
d/ Assumption of the
prime responsibility for, and coordination with chairpersons of related
provincial-level People’s Committees in, periodically reporting to the Prime
Minister on the implementation of inter-provincial construction planning
according to the implementation stages.
3. A plan on
implementation of construction planning must determine the implementation time
for every specific area, ensuring conformity with the construction planning
objective and resources for implementation of the construction planning.
Chapter
III
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Section
1. GENERAL PROVISIONS
Article
49. Classification of construction investment projects
1. Construction
investment projects shall be classified by size, characteristic and type of
construction work and funding source.
2. Construction
investment projects classified by size, characteristic and type of construction
works include national important projects, group-A projects, group-B projects,
group-C projects according to the criteria prescribed by the law on public
investment.
3. A construction
investment project may comprise a single work or multiple works of different
types and grades.
Article
50. Order of construction investment
1. The order of construction
investment involves three stages, including project preparation, project
implementation and construction completion to put the project’s work into
exploitation and use, except the construction of separate houses.
2. For national important
projects or group-A projects with different component projects, each of which
can operate independently, can be exploited or put into use, or with different
investment phases for implementation, such component projects shall be managed
as independent projects. The division of component projects or investment
phasing shall be stated in the investment decisions.
3. Based on the specific
conditions of projects, investment deciders shall decide on the implementation
by taking turns, mixture or alternation of tasks at the stages of project
implementation and construction completion to put works into exploitation and
use.
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A construction investment
project, respective of its funding sources, must satisfy the following
requirements:
1. Being in line with the
socio-economic development master plan, sectoral development master plan,
construction master plan, land use master plan and plan in the locality where
the construction investment project is located.
2. Having appropriate
technological and construction designing plans.
3. Ensuring quality and
safety in construction, operation, exploitation and use of its works, fire and
explosion prevention and fighting and environmental protection and response to
climate change.
4. Ensuring the adequate
allocation of funds strictly according to its schedule, ensuring its financial
efficiency and socio-economic efficiency.
5. Complying with other
relevant provisions of law.
Section
2. FORMULATION AND APPRAISAL OF PROJECTS AND DECISION ON CONSTRUCTION
INVESTMENT
Article
52. Formulation of construction investment projects
1. Upon construction
investment, project owners shall make construction investment feasibility study
reports, except the cases prescribed in Clauses 3 and 4 of this Article.
Contents of construction investment feasibility study reports must conform with
the requirements of each type of project. The formulation of construction
investment feasibility study reports must comply with the this Law and relevant
laws.
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3. Only construction
investment economic-technical reports shall be required for construction
investment projects in the following cases:
a/ Construction works used
for religious purposes;
b/ Small construction
works and other works prescribed by the Government.
4. For construction of
separate houses, project owners are not required to formulate projects nor
construction investment economic-technical reports.
Article
53. Contents of construction investment pre-feasibility study reports
1. The necessity and
conditions for construction investment.
2. The projected
objective, scale, location and form of construction investment.
3. Land and natural resource
use demands.
4. The preliminary design
on construction, explanation, technology, techniques and appropriate equipment.
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6. The preliminary total
investment amount, capital raising plan; recoverability of invested funds,
capability to pay loans (if any); preliminary determination of socio-economic
efficiency and evaluation of the project’s impacts.
Article
54. Contents of construction investment feasibility study reports
1. A basic design shall
be made to achieve the project’s objectives, suit construction works of the
project, ensure synchronism between works when they are put into exploitation
and use.
A basic design must
comprise explanations and drawings expressing the following contents:
a/ The construction
location, direction of the line of works, list, sizes, types and grades of
works on the whole construction ground;
b/ Selected
technological, technical and equipment plans (if any);
c/ Architectural
solutions, ground plan, cross-sections and vertical sections of construction
works and their sizes and main structures;
d/ Construction
solutions, major materials to be used, estimated construction cost of every
work;
dd/ Plan on connection of
technical infrastructures inside and outside the works, fire and explosion
prevention and fighting solutions;
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2. Other contents of a
construction investment feasibility study report include:
a/ The necessity for
investment, investment policy, construction investment objectives, construction
locations and to be-used land area, capacity and form of construction
investment;
b/ The capability to
ensure factors for project implementation such as use of resources, selection
of equipment and technology, use of labor, technical infrastructure, product
consumption, exploitation and use requirements, implementation duration, plan
on construction ground clearance and resettlement (if any), solutions to organizing
management of project implementation, work operation and use, and environmental
protection;
c/ Assessment of the
project’s impacts related to land recovery, ground clearance and resettlement;
protection of landscape and ecological environment and safety in construction,
fire and explosion prevention and fighting, and other necessary contents;
d/ Total investment
amount and capital raising, financial analysis, risks, expenses for
exploitation and use of the work, evaluation of socio-economic efficiency of
the project; recommendations on coordination mechanism, policies on incentives
and support for project implementation;
dd/ Other relevant
contents.
Article
55. Contents of construction investment economic-technical reports
1. Construction drawing
designs, technical designs (if any) and construction cost estimates.
2. Other contents of a
construction investment economic-technical report include explanations about
the necessity for investment, construction objectives, construction locations,
to be-used land area, sizes, capacity and grades of works, construction
solutions, construction safety, plans on construction ground clearance and
environmental protection, allocation of funds for implementation, construction
duration, construction investment efficiency of works.
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1. Construction
investment projects shall be appraised before investment decision.
2. A dossier submitted
for construction investment project appraisal must comprise:
a/ Project owner’s report
for project appraisal;
b/ Construction
investment feasibility study report or construction investment economic-
technical report;
c/ Relevant documents.
3. The project appraisal
contents must comply with Article 58 of this Law.
Article 57. Competence to
appraise construction investment projects
1. For national important
projects, the State Appraisal Council set up by the Prime Minister shall
appraise their construction investment pre-feasibility study reports and
construction investment feasibility study reports.
2. For projects using
state budget funds, the specialized construction agencies shall assume the
prime responsibility, as decentralized, for organizing the appraisal of the
contents prescribed in Article 58 of this Law.
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a/ Specialized
construction agencies shall assume the prime responsibility, as decentralized,
for appraising their basic designs prescribed at Points a, b, d, dd, e and g,
Clause 2, Article 58 of this Law;
b/ Specialized agencies
attached to investment deciders shall assume the prime responsibility for
appraising technological designs (if any) and other contents of construction
investment feasibility study reports.
4. For projects using
other funds, the competence to appraise these construction investment projects
is prescribed as follows:
a/ Specialized
construction agencies shall appraise, as decentralized, the basic designs of construction
investment projects, for works of special grade and grade I, public works,
works greatly affecting landscape, environment and community safety.
Specialized agencies attached to investment deciders shall organize the
appraisal of technological designs (if any) and other contents of construction
investment feasibility study reports;
b/ For projects using
other funds not specified at Point a of this Clause, investment deciders shall
organize by themselves the appraisal thereof;
c/ For projects implemented
in form of project contract or public-private partnership contract with
state-contributed funds, the specialized construction agencies shall assume the
prime responsibility, as decentralized, for appraising their basic designs.
Competent state agencies as prescribed by the law on investment shall appraise
other contents of their construction investment feasibility study reports.
5. For construction
investment projects only requiring construction investment economic- technical
reports, the competence to appraise these construction investment projects is
prescribed as follows:
a/ If the projects use
state budget funds, the specialized construction agencies shall assume the
prime responsibility for organizing the appraisal of the contents of their construction
investment economic-technical reports prescribed in Clause 4, Article 58 of
this Law;
b/ If the projects use
non-budget state funds, the specialized construction agencies shall, as
decentralized, assume the prime responsibility for appraising their
construction drawing designs and cost estimates. The specialized agencies
attached to investment deciders shall appraise the technological designs (if
any) and other contents of their construction investment economic-technical
reports;
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6. Construction
investment projects with requirements on fire and explosion prevention and
fighting, environmental protection, and national defense or security
maintenance shall be appraised by competent state agencies.
7. Specialized
construction agencies and investment deciders may invite organizations and
individuals with qualifications and experiences to participate in project
appraisal or request project owners to select organizations or individuals
possessing full construction capacity and practice conditions already
registered on the website on construction capacity as prescribed by this Law to
verify projects as a basis for the appraisal and approval of the projects. The
project verification cost and basic design appraisal charge shall be accounted
into the total investment amounts of projects.
8. The agencies in charge
of appraisal shall summarize the project appraisal results and submit them to persons
competent to decide on investment for consideration and decision.
9. Organizations and
individuals participating in project appraisal or verification shall take
responsibility before law for the results of their appraisal or verification.
Project-formulating organizations and individuals may not participate in the
appraisal or verification of the projects they have formulated.
Article
58. Contents of appraisal of construction investment projects
1. The appraisal of a
construction investment project covers the appraisal of the basic design and
other contents of the construction investment feasibility study report.
2. The appraisal of a
basic design must cover:
a/ The conformity of the
basic design with the construction detailed planning; the approved total ground
or with the selected plan on the line of works, for works constructed in lines;
b/ The conformity of the
basic design with the construction location, the connectivity with technical
infrastructure of the region;
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d/ The conformity of
designing solutions to ensuring construction safety, environmental protection,
fire and explosion prevention and fighting;
dd/ The compliance with
standards and technical regulations in the design;
e/ The construction
capacity conditions of organizations or practice capacity conditions of
individuals providing designing consultancy;
g/ The conformity of
solutions to organizing project implementation at each stage and for each work
item with the requirements of the basic design.
3. Other appraisal
contents of a construction investment feasibility study report include:
a/ Assessment of the
necessity for construction investment, including conformity with the investment
policy, possibility to meet the requirements on scale expansion, higher
capacity and exploitation and use capability to meet the requirements of
socio-economic development and national defense and security maintenance in
each period;
b/ Assessment of factors
ensuring the project feasibility, including conformity with sectoral
development master plan and construction master plan; the capability to meet
land use and construction ground clearance demands; resource use demands (if
any); assurance of input elements and outlets for the project’s products;
implementation solutions; project owner’s managerial experience; solutions to
environmental protections, fire and explosion prevention and fighting; national
defense and security maintenance and other factors;
c/ Assessment of factors
ensuring the project efficiency, including total investment amount, project
implementation schedule; exploitation and operation costs; capability to raise
capital according to schedule, risk analysis, financial efficiency and
socio-economic efficiency of the project.
4. For projects only
requiring construction investment economic-technical reports prescribed in
Clause 3, Article 52 of this Law, the appraisal contents include:
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b/ Consideration of
feasibility-ensuring factors, including land use demand and ground clearance
capability; factors affecting the work such as national defense, security and
environment and other relevant laws;
c/ The rationality of
construction designing solutions for the work; the observance of applied
standards, technical regulations, and regulations on the use of building materials
for the work; the rationality of the selection of technological lines and
equipment, for designs with technological requirements; compliance with
regulations on environmental protection and fire and explosion prevention and
fighting;
d/ Assessment of the
conformity of designing solutions for the work with its utility, its safety
level and assurance of safety for adjacent works;
dd/ Assessment of the
compatibility between the major volume in the cost estimate and the volume in
the design; the properness and reasonability of the application of construction
norms and unit prices; determination of the value of the cost estimate of the
work;
e/ Construction capacity
conditions of organizations and individuals conducting construction surveys and
designing and formulating construction investment economic- technical reports.
Article
59. Time limit for appraisal of construction investment projects
The time limit for appraising a project shall be
counted from the date the appraising agency or organization receives a complete
and valid dossier, specifically as follows:
1. The time limit for project appraisal is 90 days
for national important projects.
2. The time limit for project appraisal is 40 days
for group-A projects.
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4. The time limit for project appraisal is 20 days
for group-C projects and projects only requiring construction investment
economic-technical reports.
5. In case of necessity to extend the appraisal
time limit, appraising agencies or organizations shall report thereon to their
superior agencies for consideration and decision on the extension; the extended
duration must not exceed the corresponding appraisal time limit prescribed in
Clauses 1, 2, 3 and 4 of this Article.
Article
60. Competence to decide on construction investment
1. For projects using state budget funds, funds
raised from national public bonds, government bonds or local administrations’
bonds, official development assistance, preferential loans of foreign donors,
the State’s development investment credit capital, investment capital from
sources of revenues left for investment but not yet accounted into the state
budget balance, or other loans of local budget for investment, the competence
to decide on construction investment must comply with the law on public
investment.
2. For projects using government-guaranteed credit
capital, loans guaranteed with state property, development investment capital
of state enterprises, capital from non-business operation development funds,
land use rights value contributed by state agencies, organizations or
enterprises as capital for construction investment, the competence to decide on
construction investment is prescribed as follows:
a/ The Prime Minister shall decide on investment in
national important projects;
b/ Law-prescribed competent representatives of
agencies, organizations or enterprises shall decide on project investment.
3. For projects using other funds, their owners or
representatives shall decide on project construction investment within the
ambit of their powers prescribed by law.
Article
61. Adjustment of construction investment projects
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a/ Being affected by
natural disasters, environmental incidents, enemy sabotage, fires or other
force majeure factors;
b/ Appearance of factors
likely to bring about higher efficiency for the project when the project owner
has proved the financial and socio-economic efficiency brought about by the
project adjustment;
c/ Change of construction
planning which directly affects the project;
d/ When the construction
price index promulgated by the Ministry of Construction or the provincial-level
People’s Committee during the project implementation is higher than the
construction price index used for calculation of inflation in the approved
total investment amount of the project.
2. The adjustment of
projects using state funds shall be decided by investment deciders.
3. The adjustment of
projects using other funds shall be decided by investment deciders on the basis
of ensuring the requirements on planning, safety, environmental protection,
fire and explosion prevention and fighting, and national defense and security,
which have been approved by competent state agencies.
4. If the project
adjustment alters the construction objectives, scales and locations, it shall
be approved by a competent state agency.
5. The adjustment of
construction investment projects shall be appraised and approved.
6. The Government shall
detail the formulation, appraisal, approval and adjustment of construction
investment projects.
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Article
62. Organizational forms of construction investment project management
Based on the sizes,
characteristics, funding sources and implementation conditions of projects,
investment deciders shall decide to apply one of the following organizational
forms of project management:
1. Specialized
construction investment project management unit or regional construction
investment project management unit, for projects using state budget funds and
specialized projects using non-budget state funds of state economic groups or
corporations.
2. Single-project
construction investment project management unit, for group-A projects using
state funds involving special-grade works; hi-tech application certified in
writing by the Minister of Science and Technology; national defense or security
projects with state secret requirements.
3. Hired project
management consultant, for projects using non-budget state funds or other funds
and projects with particular or unique characteristics.
4. Project owners may use
their attached fully capable professional apparatuses to manage the
implementation of small renovation or repair projects and projects with the
involvement of communities.
5. Project management
units and project management consultants prescribed in Clause 1, 2 or 3 of this
Article must fully satisfy the capacity conditions prescribed in Article 152 of
this Law.
6. The Government shall
detail the models, organization and operation of construction investment
project management units.
Article 63. Specialized
construction investment project management units, regional construction
investment project management units
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2. Specialized
construction investment project management units or regional construction
investment project management units shall be assigned to act as project owners of
a number of projects and perform the project management functions and tasks,
and participate in project management consultancy when necessary.
3. Specialized
construction investment project management units or regional construction
investment project management units have the responsibility:
a/ To exercise the rights
and perform the obligations of project owners as prescribed in Article 68 of
this Law, directly manage projects assigned by investment deciders, and the
rights and obligations prescribed in Article 69 of this Law.
b/ To hand over works to
agencies or units managing their operation, exploitation and use; or to
directly manage their operation, exploitation and use, when so assigned by
investment deciders in case of necessity.
4. Specialized construction
investment project management units or regional construction investment project
management units may perform project management consultancy for other projects
when so requested and exercise the rights and perform the obligations
prescribed in Article 70 of this Law.
Article 64. Single-project
construction investment project management units
1. Project owners shall
set up single-project construction investment project management units to
directly manage the implementation of a project, for projects prescribed in
Clause 2, Article 62 of this Law.
2. A single-project
construction investment project management unit may have its own seal and
accounts, shall exercise the powers and perform the tasks under the project
owner’s authorization. A project management unit shall organizationally
comprise the director, deputy directors) and specialized staff members,
depending on the requirements and characteristics of each project. The project
management unit members shall work on a full-time or part-time basis under the
project owner’s decision.
Article 65. Hiring of
consultants for construction investment project management
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2. Project owners shall
supervise project management consultancy and may authorize consultants to
perform the tasks of project management under the project management contracts.
Article
66. Contents of construction investment project management
1. Construction
investment project management contents include management of the scope and plan
of tasks; work volume; construction quality; implementation schedule; construction
investment costs; safety in construction; environmental protection in
construction; selection of contractors and construction contracts; risk
management; management of the work information system and other necessary
contents in accordance with this Law and relevant laws.
2. Project owners shall
perform or assign the project management units, project management consultants
or general contractors (if any) to perform some or all of the project
management contents prescribed in Clause 1 of this Article.
Article
67. Management of implementation schedules of construction investment projects
1. Investment deciders
shall decide on the implementation time and schedules when approving the
projects. For works under projects using state budget funds, the construction
schedule must not exceed the work construction period already approved by
investment deciders.
2. Project owners and
construction contractors shall draw up plans on construction schedules and
measures, and manage the project implementation according to the approved
construction schedules.
3. Project owners shall
make advance payments and payments for volumes completed according to the
performance schedules of construction contracts.
4. Project owners and
construction contractors are encouraged to propose and apply reasonable
technical, technological and organizational solutions to shorten the
construction time.
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Article
68. Rights and obligations of project owners in the formulation and management
of implementation of construction investment projects
1. Project owners have
the following rights:
a/ To formulate and
manage projects when fully meeting the capacity conditions prescribed in this
Law.
b/ To request related
agencies and organizations to provide information and documents on project
formulation and management;
c/ To select, and sign
contracts with, consultancy contractors for project formulation and management;
d/ To organize the
project formulation and management; to decide on the establishment and
dissolution of construction investment project management units for single
projects according to their competence;
dd/ Other rights
prescribed by law.
2. Project owners have
the following obligations:
a/ To identify project
formulation task requirements and contents; to provide necessary information
and documents in case of hiring consultants for project formulation; to
organize the pre- acceptance tests of project formulation results and archive
construction investment project dossiers;
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c/ To take responsibility
for the legal bases and accuracy of the information and documents provided to
consultants for project formulation; to submit projects to competent approving
agencies in accordance with law;
d/ To select qualified
and experienced consultancy organizations or individuals to verify projects at
the request of the project-appraising agencies or organizations and investment
deciders;
dd/ To organize the
management of project implementation as prescribed in Article 66 of this Law;
e/ To examine and
supervise the project implementation; to periodically report on the project
implementation to investment deciders and competent state management agencies;
g/ To recover capital and
pay loans, with regard to projects with capital recovery and loan repayment
requirements;
h/ Other obligations
prescribed by law.
Article
69. Rights and obligations of construction investment project management units
1. Construction
investment project management units have the following rights:
a/ To exercise the rights
to manage projects as authorized by project owners;
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c/ To hire consultancy
organizations to participate in project management in case of necessity after
it is approved by investment deciders or project owners.
2. Construction
investment project management units have the following obligations:
a/ To fulfill the project
owners’ project management obligations within the scope of authorization;
b/ To organize the
management of construction investment projects, ensuring the schedule, quality,
safety and environmental protection in construction;
c/ To report their
activities to project owners in the course of project management;
d/ To be answerable for
violations of law in project implementation management;
dd/ Other obligations
prescribed by law.
Article
70. Rights and obligations of construction investment project formulation
consultancy and management contractors
1. Construction
investment project formulation consultancy and management contractors have the
following rights:
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b/ To have their
intellectual property rights over their consultancy products protected in
accordance with law;
c/ To reject unlawful
requests of project owners;
d/ Other rights stated in
the contracts and prescribed by relevant laws.
2. Construction
investment project formulation consultancy and management contractors have the
following obligations:
a/ To fulfill the
obligations under the signed contracts in conformity with their construction
capacity conditions prescribed by law;
b/ To be answerable to
the work quality under the signed contracts;
c/ To pay compensations
for damage caused to project owners when using improper information, documents,
standards, technical regulations, technical solutions or improper organization
of management in contravention of their contracts;
d/ Other obligations
stated in the contracts and prescribed by relevant laws.
Article
71. Rights and responsibilities of construction investment project-appraising
agencies and organizations
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a/ To request project owners and related agencies
and individuals to provide information for project appraisal and explanation in
case of necessity;
b/ To collect project appraisal charges in
accordance with the law on charges and fees;
c/ To request project owners to hire or invite
qualified and experienced consultancy organizations or consultants to
participate in the project appraisal when necessary;
d/ To reserve their appraisal opinions and reject
requests to falsify project appraisal results.
2. Construction investment project-appraising
agencies and organizations have the following responsibilities:
a/ To appraise construction investment project
contents in accordance with this Law;
b/ To send written notices of appraisal opinions
and results to agencies or organizations in charge of appraisal for
summarization and reporting to investment deciders;
c/ To be accountable before law and investment
deciders for their own project appraisal opinions and results.
Article
72. Rights and responsibilities of construction investment deciders
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a/ To approve or
authorize the approval of, construction projects, designs and cost estimates
and settle construction investment funds;
b/ To disapprove the
projects when the investment objectives and project efficiency cannot be
achieved;
c/ To suspend the
implementation of construction investment projects which have been approved or
are underway when deeming it necessary and lawful;
d/ To alter or adjust
construction investment projects when deeming it necessary and conformable with
Article 61 of this Law.
dd/ Other rights
prescribed by law.
2. Construction
investment deciders have the following responsibilities:
a/ To organize project
appraisal and decide on construction investment;
b/ To ensure funding
sources for implementation of construction investment projects;
c/ To examine the
implementation of construction investment projects by project owners; to organize
monitoring and evaluation of construction investment projects as prescribed in
Article 8 of this Law;
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dd/ To take
responsibility before law for their own decisions;
e/ Other obligations
prescribed by law.
Chapter
IV
CONSTRUCTION
SURVEY AND CONSTRUCTION DESIGN
Section
1. CONSTRUCTION SURVEY
Article 73. Types of
construction survey
1. Topographic survey.
2. Engineering geological
survey.
3. Hydrogeological
survey.
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5. Other surveys to serve
construction investment activities as decided by investment deciders.
Article 74. Requirements on
construction survey
1. Construction survey
tasks and survey technique plans must suit types and grades of construction
works, types of survey, designing steps and requirements of construction
designing.
2. Construction survey
technique plans must meet requirements of construction survey tasks and comply
with applied construction survey standards and technical regulations.
3. Construction survey
work must comply with construction survey technique plans, ensure safety and
environmental protection, meet requirements of approved construction survey
tasks, and shall be examined, supervised and tested for acceptance under
regulations.
4. Construction survey
results shall be presented in a report, must ensure truthfulness and
objectivity and accurately reflect reality, and shall be approved.
5. Construction survey
contractors must have sufficient capabilities suitable to types and grades of
construction work and types of survey.
Article
75. Major contents of a report on construction survey results
1. Survey bases, process
and methods.
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3. Conclusions on survey
results, proposals.
Article
76. Rights and obligations of project owners in construction survey
1. Project owners have
the following rights:
a/ To conduct
construction survey when having sufficient capability conditions;
b/ To negotiate and sign construction
survey contracts; to supervise and request construction survey contractors to
properly perform signed contracts;
c/ To approve
construction survey tasks and survey technique plans prepared by design consultants
or survey contractors, and assign survey tasks to construction survey
contractors;
d/ To adjust construction
survey tasks according to reasonable requests of construction survey
consultants;
dd/ To suspend the
performance of, or terminate contracts in accordance with law;
e/ Other rights
prescribed by law.
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a/ To choose construction
survey contractors and supervisors in case they cannot conduct or supervise
construction survey by themselves;
b/ To provide information
and documents related to survey work to construction survey contractors;
c/ To set construction
survey requirements and ensure conditions for construction survey contractors
to perform their jobs;
d/ To properly perform
the signed construction survey contracts;
dd/ To organize
supervision of construction survey work; to pre-acceptance test and approve
survey results in accordance with law;
e/ To pay compensations
for damage caused by the provision of inappropriate information and documents
and violations of construction survey contracts;
g/ Other obligations
stated in the contracts and prescribed by relevant laws.
Article
77. Rights and obligations of construction survey contractors
1. Construction survey
contractors have the following rights:
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b/ To refuse to implement
requests beyond construction survey contracts;
c/ To hire subcontractors
to conduct construction surveys in accordance with construction survey
contracts;
d/ Other rights stated in
the contracts and prescribed by relevant laws.
2. Construction survey
contractors have the following obligations:
a/ To strictly comply
with construction survey requirements in accordance with this Law and
construction survey contracts;
b/ To propose and add
construction survey tasks when detecting factors directly affecting design
solutions;
c/ To take responsibility
for results and quality of construction surveys they have conducted; to take
responsibility for managing the quality of surveys conducted by subcontractors
(if any) and survey results of subcontractors. When participating in
construction surveys, subcontractors shall take responsibility before
contractors and law;
d/ To pay compensations
for damage caused by improper performance of survey tasks, improper use of
information, documents, standards and technical regulations on construction
survey and violations of construction survey contracts;
dd/ Other obligations
stated in the contracts and prescribed by relevant laws.
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Article 78. General provisions
on construction design
1. Construction designs
include preliminary design in the pre-feasibility study report, basic design in
the feasibility study report, technical design and construction drawing design
in the stage of project implementation, and other designing steps (if any)
according to international practices.
2. Depending on the size,
nature, type and grade of a construction work, construction design may be made
through one step or more than one step. Investment deciders shall decide on the
number of designing steps when approving construction investment projects.
3. Work construction
design may involve one step or more than one step as follows:
a/ One-step design being
construction drawing design;
b/ Two-step design
consisting of basic design and construction drawing design;
c/ Three-step design consisting
of basic design, technical design and construction drawing design;
d/ Design consisting of
other steps (if any).
4. A construction design
dossier following the basic design must comprise design explanations, design
drawings, related construction survey documents, construction cost estimate and
technical instructions (if any).
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Article 79. Requirements on
construction design
1. Meeting requirements
of design tasks; being suitable to contents of approved construction investment
projects, construction planning, architectural landscapes, and natural,
cultural and social conditions in construction sites.
2. Work construction
design contents must meet requirements of each design step.
3. Complying with applied
standards, technical regulations, legal provisions on use of building
materials, meeting requirements on utilities and applied technologies (if any);
ensuring force-bearing safety, safety in use, artistic appearance,
environmental protection, response to climate change, fire and explosion
prevention and fighting, and other safety conditions.
4. Having appropriate
design solutions and reasonable construction costs; ensuring synchronism within
the work and with related works; ensuring conditions on comforts, hygiene and
health for users; creating conditions for people with disabilities, the elderly
and children to use works. Taking advantages and limiting unfavorable impacts
of natural conditions; prioritizing the use of local and environment-friendly
materials.
5. Construction designs
shall be appraised and approved in accordance with this Law, except the case
prescribed in Clause 7 of this Article.
6. Construction design
contractors must have sufficient capabilities suitable to types and grades of
works and jobs to be performed.
7. Construction designs
of separate houses must comply with the following provisions:
a/ Construction designs of
separate houses must meet design requirements prescribed in Clause 3 of this
Article;
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Article
80. Major contents of construction designs implemented after basic designs
1. Architectural plan.
2. Technological plan (if
any).
3. Utility.
4. Lifetime of the work
and its operation process and maintenance;
5. Structural plan and
major types of materials.
6. Technical
instructions.
7. Fire and explosion prevention
and fighting plans.
8. Plan on efficient
energy use.
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10. Cost estimate
suitable to the construction designing step.
Article
81. Contest for and selection of architectural designs of construction works
1. For large public works
with specific architectural requirements, contest for or selection of
architectural designs of construction works shall be organized before making
construction investment feasibility study reports. Investment deciders shall
decide on holding of contests for or selection of architectural designs of
construction works.
2. Funds for contest for
or selection of architectural designs of construction works shall be included in
total investment amounts of construction works.
3. Authors of winning or
selected architectural designs of construction works shall have their copyright
protected, and be given priority to formulate construction investment projects
and develop construction designs if they fully satisfy the prescribed
capability conditions.
4. The Government shall
specify the contest for and selection of architectural designs of work
construction.
Article
82. Competence to appraise and approve technical designs, construction drawing
designs and construction cost estimates
1. For construction works
using state budget funds:
a/ Specialized
construction agencies shall, as decentralized, appraise technical designs and
construction cost estimates in case of three-step design; and construction
drawing designs and construction cost estimates in case of two-step design;
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2. For construction works
using non-budget state funds:
a/ Specialized
construction agencies shall, as decentralized, appraise technical designs and
construction cost estimates in case of three-step design; and construction
drawing designs and construction cost estimates in case of two-step design.
Specialized agencies attached to investment deciders shall appraise technological
designs and other contents (if any);
b/ Investment deciders
shall approve technical designs and construction cost estimates in case of
three-step design; and construction drawing designs and construction cost
estimates in case of two-step design. Project owners shall approve construction
drawing designs and cost estimates of works in case of two-step design.
3. For construction works
using other funds:
a/ Specialized
construction agencies shall, as decentralized, appraise technical designs in
case of three-step design and construction drawing designs in case of two-step
design for construction works of special grade or grade I, public works and
construction works that have great impacts on landscape, environment and
community safety. Specialized agencies attached to investment deciders shall
appraise technological designs (if any) and construction cost estimates;
b/ Specialized agencies
attached to investment deciders shall appraise technical designs, construction
drawing designs and construction cost estimates for remaining construction
works;
c/ Investment deciders or
project owners shall approve construction designs and cost estimates.
4. Specialized
construction agencies and investment deciders may invite qualified and
experienced organizations and individuals to participate in appraising
construction designs or request project owners to select consultancy
organizations or individual consultants that fully meet the operation and
practice capability conditions already registered on the website on construction
capability to verify construction designs and cost estimates as the basis for
the appraisal and approval of construction designs and cost estimates. Costs of
verification and charges for appraisal of construction designs and cost
estimates shall be included in total investment amounts of projects.
5. Competent state
agencies shall, as prescribed by law, appraise environmental, fire and
explosion prevention and fighting and other contents in accordance with law
when appraising construction designs.
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Article
83. Contents of appraisal of construction designs implemented after basic
designs and cost estimates
1. Compatibility of the construction design of the
previous step with that of the preceding step.
a/ Technical design against basic design;
b/ Construction drawing design against technical
design in case of three-step design, against basic design in case of two-step
design, or against designing task in case of one-step design.
2. Reasonability of work
construction design solutions.
3. Compliance with applied
standards, technical regulations and legal provisions on the use of building
materials for works.
4. Assessment of the
compatibility of design solutions with utilities of works, their safety and
assurance of safety for adjacent works.
5. Reasonableness of the
selection of technological lines and equipment for designs of works with
technological requirements.
6. Compliance with
regulations on environmental protection and fire and explosion prevention and
fighting.
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8. Capability conditions
of organizations and individuals conducting construction survey and design.
Article
84. Adjustment of construction designs
1. An approved work
construction design may be adjusted only in the following cases:
a/ When adjustments to
the construction investment project require adjustments to the construction
design;
b/ In the course of
construction, there emerge requirements to adjust the construction design to
ensure quality of the work and efficiency of the project.
2. For adjustments to a
construction design in accordance with Clause 1 of this Article which will result
in changes in construction geology, design load, structural solutions,
materials of force-bearing structures or construction organization solutions
affecting the force-bearing safety of the work, such adjustments shall be
appraised and approved in accordance with Article 82 of this Law.
Article
85. Rights and obligations of project owners in construction designing
1. Project owners have
the following rights:
a/ To conduct
construction design by themselves if they fully satisfy the operation and practice
capability conditions suitable to types and grades of construction works;
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c/ To request design
contractors to modify and supplement designs or select other design contractors
to modify, supplement or change designs in case the initial design contractors
refuse to perform this work;
d/ To suspend the
performance of, or terminate construction design contracts in accordance with
the contracts and relevant laws;
dd/ Other rights stated
in the contracts and prescribed by relevant laws.
2. Project owners have
the following obligations:
a/ To select construction
design contractors in case they cannot conduct construction design by
themselves;
b/ To identify
construction design tasks;
c/ To supply sufficient
information and documents to construction design contractors;
d/ To properly perform
the signed contracts;
dd/ To submit construction
designs and cost estimates for appraisal and approval and pay charges therefor;
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g/ To pay compensations
for damage caused by violations of the construction design contracts;
h/ Other obligations as
stated in the construction design contracts and prescribed by relevant laws.
Article
86. Rights and obligations of construction design contractors
1. Construction design
contractors have the following rights:
a/ To request project
owners and related parties to provide information and documents to serve
construction design;
b/ To reject requests
beyond the designing tasks and construction designing contracts;
c/ To enjoy copyright to
their construction designs;
d/ To hire subcontractors
to conduct construction design in accordance with construction design
contracts;
dd/ Other rights stated
in the construction design contracts and prescribed by relevant laws.
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a/ To accept only
construction design contracts suitable to their construction design operation
and practice capabilities;
b/ To comply with
standards and technical regulations applicable to works; to compile
construction design dossiers according to requirements of design tasks and steps,
and to the terms of construction design contracts and relevant legal
provisions;
c/ To take responsibility
for the quality of design products they make, including contents prescribed in
Articles 79 and 80 of this Law; to take responsibility for the quality of
designs made by subcontractors (if any). Subcontractors participating in
construction design shall take responsibility for design results to principal
contractors and before law;
d/ To perform
construction design author’s supervision in the course of construction;
dd/ Not to designate
manufacturers of building materials, supplies and equipment in construction
designs of works using state funds;
e/ To pay compensations
for damage caused by the elaboration of inappropriate surveying tasks, or the use
of inappropriate information, documents, construction standards and
regulations, technical and technological solutions which affect the quality of
works, and violations of construction design contracts;
g/ Other obligations
stated in the contracts and prescribed by relevant laws.
Article
87. Rights and responsibilities of agencies and organizations appraising
construction designs and cost estimates
1. Agencies and
organizations appraising construction designs and cost estimates have the
following rights:
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b/ To collect charges for
appraisal of construction designs and cost estimates in accordance with the law
on charges and fees;
c/ To invite experts to
join the appraisal or request project owners to select qualified and
experienced consultancy organizations to verify construction designs and cost
estimates as the basis for appraisal when necessary;
d/ To reserve their
appraisal opinions and refuse requests for falsifying results of appraisal of
construction designs and cost estimates.
2. Agencies and
organizations appraising construction designs and cost estimates have the
following responsibilities:
a/ To appraise contents
of construction designs and cost estimates in accordance with this Law;
b/ To notify in writing
appraisal opinions and results to agencies or organizations in charge of
appraisal for summarization and reporting to investment deciders;
c/ To take responsibility
before law and investment deciders for opinions and results of appraisal of
construction designs and cost estimates.
Article
88. Archive of construction work dossiers
1. Project owners shall
archive completion dossiers of construction works. Contractors participating in
construction activities shall archive dossiers of jobs they have performed.
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3. The compilation and
archive of dossiers of construction works must comply with the law on archives.
4. The Government shall
specify the archive of construction .work dossiers.
Chapter V
CONSTRUCTION
PERMITS
Article 89. Works subject
to, and types of, construction permits
1. Before starting
construction of works, project owners shall obtain construction permits granted
by competent state agencies in accordance with this Law, except the cases
prescribed in Clause 2 of this Article.
2. Works exempted from
construction permit include:
a/ Works involving state
secrets, works constructed under emergency orders and works located in the
territories of two or more provincial-level administrative units;
b/ Works of construction
investment projects in which investment is decided by the Prime Minister,
ministers, heads of ministerial-level agencies or chairpersons of People’s
Committees at different levels;
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d/ Works constructed in
lines outside urban areas which conform to construction master plans approved by
competent state agencies or in lines of which the direction has been approved
by competent state agencies;
dd/ Construction works of
projects on industrial parks, export processing zones or hi- tech parks with
detailed 1:500-scale plans already approved by competent state agencies and
construction designs already appraised in accordance with this Law;
e/ Houses of urban
development projects or housing development projects with under 7 stories and a
total floor area of under 500 m2 and detailed 1:500-scale plans
already approved by competent state agencies;
g/ Works undergoing
repair, renovation or installation of interior equipment which does not alter
their force-bearing structure and utilities and affect the environment and
safety of these works;
h/ Works undergoing
repair and renovation to alter their external architecture not facing roads in
urban centers subject to architecture management requirements;
i/ Technical
infrastructure works in rural areas for which only construction investment
economic-technical reports are required and in areas without approved detailed
construction plans on rural residential points;
k/ Construction works in
rural areas without approved urban development plans and detailed construction
plans; separate houses in rural areas, except separate houses built in
conservation zones or historical and cultural relic zones;
l/ Project owners of
works exempted from construction permit prescribed at Points b, d, dd and i of
this Clause shall send written notices of the time of construction commencement
enclosed with construction design dossiers to local construction management
agencies for monitoring and filing.
3. Construction permits
include:
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b/ Repair and renovation
permit;
c/ Relocation permit.
4. Works of special grade
and grade I shall be granted stage-based construction permits after having
construction designs appraised in accordance with this Law.
5. For construction
investment projects consisting of multiple works, construction permits may be
granted for one, several or all of these works when the technical
infrastructure in the construction site has been built according to
construction master plans approved by competent state agencies.
Article
90. Major contents of a construction permit
1. Name of the work under
the project.
2. Name and address of
project owner.
3. Location and position
for the work construction; the work construction line, for works built in
lines.
4. Type and grade of the
work.
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6. Red-line and
construction boundaries.
7. Construction density
(if any).
8. Land use coefficient
(if any).
9. For civil works,
industrial works and separate houses, in addition to the contents specified in
Clauses 1 thru 8 of this Article, their construction permits must contain contents
on total construction area, construction area of the first (ground) floor,
number of stories (including basement, attic, technical story and staircase
roof), and maximum elevation of the entire work.
10. The deadline for
construction commencement, which must be within 12 months from the date of
grant of the construction permit.
Article
91. Conditions for granting construction permits for works in urban areas
1. Being in line with approved construction
detailed master plans. For construction works located in stable areas or street
routes in urban centers which have no detailed construction master plan yet,
they must be in line with regulations on management of planning, urban
architecture or urban designs promulgated by competent state agencies.
2. Being conformable with land use purposes
according to approved land use master plans.
3. Ensuring safety for the works and adjacent works
and meeting requirements on environmental protection and fire and explosion prevention
and fighting; ensuring safety for technical infrastructure and protection
corridors of irrigation works, dikes, energy works, traffic works, cultural
heritage zones, historical-cultural relics; ensuring safety distance to fire-
or explosion-prone and hazardous facilities, and important works related to
national defense and security.
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5. Having dossiers of application for construction
permits suitable to each type of construction permit prescribed in Articles 95,
96 and 97 of this Law.
Article
92. Conditions for granting construction permits for works not built in lines
outside urban areas
1. Being conformable with
positions and total ground areas of projects already approved in writing by
competent state agencies.
2. Meeting the conditions
prescribed in Clauses 3, 4 and 5, Article 91 of this Law.
Article
93. Conditions for granting construction permits for separate houses
1. General conditions for
the grant of construction permits for separate houses in urban areas include:
a/ Being conformable with
land use purposes according to approved land use master plans;
b/ Ensuring safety for
the works and adjacent works and meeting requirements on environmental protection
and fire and explosion prevention and fighting; ensuring safety for technical
infrastructure and protection corridors of irrigation works, dikes, energy
works, traffic works, cultural heritage zones, historical-cultural relics;
ensuring safety distance to fire- or explosion-prone and hazardous facilities,
and important works related to national defense and security;
c/ Having their
construction designs made under Clause 7, Article 79 of this Law;
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2. Separate houses in
urban areas must meet the conditions prescribed in Clause 1 of this Article and
conform with detailed construction plans. Separate houses located in stable
areas or street routes in urban centers which have no detailed construction
master plans, must comply with regulations on management of planning, urban
architecture and urban designs promulgated by competent state agencies.
3. Separate houses in
rural areas, when constructed, must conform with detailed construction master
plans for rural residential points.
Article
94. Conditions for granting construction permits with definite terms
1. General conditions for
the grant of construction permits with definite terms:
a/ Being located in areas
with construction zoning plans approved and announced by competent state
agencies but not yet implemented, for which there are no land recovery
decisions of competent state agencies;
b/ Being suitable to the
size of works prescribed by provincial-level People’s Committees for each area
and the existence duration of works according to plans for implementation of
approved construction zoning plans;
c/ Project owners
undertake to dismantle the works by themselves at the expiration of the
existence duration stated in the construction permits with definite terms; if
failing to dismantle the works by themselves, the dismantlement shall be
coerced and project owners shall bear all dismantlement costs.
2. Works to be granted
construction permits with definite terms must meet the conditions prescribed in
Clause 1 of this Article and the conditions prescribed in Clauses 2, 3, 4 and
5, Article 91 of this Law.
3. Separate houses must
meet the conditions prescribed in Clause 1 of this Article and the conditions
prescribed in Clause 1, Article 93 of this Law.
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5. For works or separate
houses located in areas with construction zoning plans approved by competent
state agencies for which district-level annual land use plans have been issued,
no new construction permits with definite terms but only construction permits
with definite terms for repair and renovation shall be granted.
Article
95. Dossiers of application for new construction permits
1. A dossier of
application for a new construction permit for a separate house must comprise:
a/ An application for a
construction permit;
b/ A copy of one of the
papers proving land use rights as prescribed by the land law;
c/ Construction designing
drawings;
d/ A written commitment
to ensure safety for adjacent works, for construction works adjacent to other
works.
2. A dossier of application
for a construction permit for a work to be built not in line must comprise:
a/ An application for a
construction permit;
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c/ A copy of the project
approval or investment decision;
d/ Construction designing
drawings;
dd/ Declarations on the
capabilities and experiences of designing organizations or individuals in
charge of construction designing, enclosed with copies of practice certificates
of design managers.
3. A dossier of
application for a construction permit for a work to be built in line must
comprise:
a/ Documents prescribed
at Points a, c, d and dd, Clause 2 of this Article;
b/ Written approval of a
competent State agency of the location and plan of the line;
c/ The land recovery
decision of a competent state agency as prescribed by the land law.
4. A dossier of
application for a construction permit for a religious work must comprise:
a/ Documents prescribed
in Clause 2 of this Article;
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5. A dossier of
application for a construction permit for a monument or mural must comprise:
a/ Documents prescribed
in Clause 2 of this Article;
b/ A copy of the permit
or written approval of a state management agency in charge of culture of the
necessity of construction and the size of the work.
6. A dossier of
application for a construction permit for an advertisement work must comprise:
a/ Documents prescribed
in Clause 2 of this Article; and a land or work lease contract, in case of
lease of land or a work for advertisement;
b/ A copy of the permit
or written approval of a state management agency in charge of advertisement of
the necessity of construction and the size of the work.
7. Dossiers of
application for construction permits for works of diplomatic missions and
international organizations must comply with the Government’s regulations.
Article
96. Dossiers of application for construction permits for repair and renovation
of works
1. An application for a
permit for repair and renovation of a work.
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3. Drawings or photos of
the part or item of the work or house to be renovated.
4. A written approval of
a state management agency in charge of culture of the necessity of construction
and the size of the work, for ranked historical and cultural relics and scenic
works and technical infrastructure works.
Article
97. Dossiers of application for construction permits for relocation of works
1. An application for a
permit for relocation of a work.
2. Copies of papers
proving the rights to use land to which the work is relocated and papers on lawful
ownership of the work as prescribed by law.
3. Work completion
drawings (if any) or design drawings describing the actual state of the work to
be relocated, showing the ground, cross section of the foundation, and drawings
of the main force-bearing structure; drawings of the total ground of the
location to which the work is relocated; drawings of the ground and cross
section of the foundation of the location to which the work is relocated to.
4. A report on results of
the survey assessing the current quality of the work conducted by a fully
capable organization or individual.
5. The relocation plan
prepared by a fully capable organization or individual, covering:
a/ Description of the
current state of the work and the area to which the work is relocated;
relocation solution, plan on arrangement and use of means, equipment and labor;
solutions to ensuring safety for the work, people, machinery, equipment and
adjacent works; assurance of environmental sanitation; relocation schedule;
organizations and individuals to relocate the work;
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Article
98. Adjustment of construction permits
1. In the course of
construction, if there are adjustments to the design resulting in changes in
one of the following contents, project owners shall request adjustment of
construction permits:
a/ Change of the external
architecture of the work, for works in urban centers or areas subject to
architecture management requirements;
b/ Change of one of the
following factors: construction location and area; size, height and number of
stories of the work and other factors affecting its main force-bearing
structure;
c/ Adjustment of the
interior design of the work resulting in a change of its utility and affecting
safety, fire and explosion prevention and fighting or environmental protection.
2. A dossier of request
for adjustment of a construction permit must comprise:
a/ A written request for
adjustment of a construction permit;
b/ The granted original
construction permit;
c/ Design drawings
related to the adjustment to the design permitted in the granted construction
permit;
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Article
99. Extension of construction permits
1. Before the expiration
of the construction permit for construction commencement, if the construction
of the work has not commenced yet, the project owner shall make a request for
extension of the construction permit. A construction permit may be extended no
more than twice, with each extension not exceeding 12 months. At the end of the
extension period, if failing to commence construction, the project owner shall
submit a new dossier of application for a construction permit.
2. A dossier of request
for extension of a construction permit must comprise:
a/ A written request for
extension of a construction permit;
b/ The granted original
construction permit.
3. For works or separate
houses for which construction permits with definite terms have been granted, at
the end of the existence duration written in the permits, if the plan has not
been implemented yet, owners or assigned users of the works may request the
construction licensing agency to consider extending the existence duration
until the plan is implemented. The existence duration of a work shall be
written in its granted construction permit with a definite term.
Article
100. Re-grant of construction permits
1. A construction permit
may be re-granted when it is tom, ragged or lost.
2. A dossier of request
for re-grant of a construction permit must comprise:
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b/ The granted original
construction permit, which is tom or ragged.
Article
101. Withdrawal or cancellation of construction permits
1. A construction permit
shall be withdrawn in the following cases:
a/ The construction
permit is granted not in accordance with law;
b/ The project owner
fails to remedy the construction in violation of the construction permit within
the time limit written the violation handling document at the request of a
competent state agency.
2. After 10 days from the
date of issuance of the construction permit withdrawal decision by a competent
state agency in the case prescribed in Clause 1 of this Article, if the project
owner fails to return the construction permit to the granting agency, the
latter or a competent agency shall decide to cancel the construction permit and
notify it to the project owner and the commune-level People’s Committee of the
locality where the construction work is located. The construction permit
cancellation decision shall be posted on the website of the provincial- level
Construction Department.
Article
102. Process of grant, re-grant, adjustment and extension of construction
permits
1. The process of grant
and adjustment of a construction permit is prescribed as follows:
a/ The project owner
shall submit 2 sets of dossier of application for a construction permit or
request for adjustment of construction permit to the agency competent to grant
construction permits;
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c/ Within 7 working days
after receiving a dossier, the agency competent to grant construction permits
shall organize appraisal of the dossier and conduct field inspection. During
appraisal, the competent agency shall determine which documents are still
missing, improper or untrue to reality and inform them once in writing to the
project owner for supplementation and completion of the dossier. If the
supplemented dossier still fails to meet the notified requirements, within 5
working days the competent agency shall issue a written notice to the project
owner guiding the latter to further improve the dossier. The project owner
shall supplement and complete the dossier according to the written notice. If
the supplemented dossier still fails to satisfy the notified contents, within 3
working days, the competent agency shall notify the project owner of the reason
for refusal to grant a permit;
d/ The agency competent
to grant construction permits shall examine the size, characteristics and
category of the work and site of construction stated in the dossier of application
for a construction permit against the conditions prescribed in this Law and
send written requests for opinions of state management agencies in charge of
fields related to the construction work in accordance with law;
dd/ Within 12 days, for
works or separate houses, after receiving a dossier, consulted state management
agencies shall issue written replies on the contents under their respective
management functions. After the above time limit, if they give no opinions,
they shall be considered having agreed and shall take responsibility for the
contents under their respective management functions; in pursuance to current
regulations, the agency competent to grant construction permits shall decide to
grant construction permits;
e/ From the date of
receiving a valid dossier, the agency competent to grant construction permits
shall examine the dossier for the grant of a permit within 30 days in the case
of grant of construction permits, including also construction permits with
definite terms, adjusted construction permits and relocation permits, and
within 15 days, for separate houses. At the end of the time limit for the grant
of a construction permit, if the agency competent to grant construction permits
needs more time for examination, it shall notify in writing the reason to the
project owner and at the same time report it to the direct management agency
for consideration and direction, but within 10 days after the expiration of the
time limit prescribed in this Clause.
2. The process of
extension and re-grant of construction permits is prescribed as follows:
a/ The project owner
shall submit 2 sets of dossier of request for extension or re-grant of
construction permit to the agency competent to grant construction permits;
b/ Within 5 working days
after receiving a complete and valid dossier, the agency competent to grant
construction permits shall consider and allow the extension of the construction
permit or re-grant the construction permit.
3. The receipt of replies
and payment of fees for the grant of construction permits are prescribed as
follows:
a/ Project owners shall
receive construction permits enclosed with design dossiers submitted for the
application of construction permits bearing the stamp of the agency competent
to grant construction permits at the place of receipt of the dossiers according
to the time of appointment written in the receipts;
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4. For cases ineligible
for the grant of a construction permit, within the time limit prescribed in
Clause 2 of this Article, the agency competent to grant construction permits
shall issue a written notice clearly stating the reason to the project owner.
Past the time limit written in the receipt, if the competent agency fails to
reply, the project owner is entitled to construct the work according to the
appraised and approved design dossier included in the dossier of application
for a construction permit.
5. The Government shall
issue detailed regulations on dossiers of application for construction permits,
adjustment, extension, re-grant and withdrawal of construction permits for each
type of construction permit and category of work.
6. The Minister of
Construction shall issue detailed regulations on the form of application and
design drawings in dossiers of application for construction permits.
Article
103. Competence to grant, adjust, extend, re-grant and withdraw construction
permits
1. The Ministry of Construction
shall grant construction permits for works of special grade.
2. Provincial-level
People’s Committees grant construction permits for construction works of grades
I and II; religious works; historical and cultural relic works, monuments and
murals which have been ranked; works in main street lines and thoroughfares in
urban centers; and works of foreign-invested projects. Provincial-level
People’s Committees may decentralize powers to provincial-level Construction
Departments, and management boards of economic zones, industrial parks, export
processing zones and hi-tech parks to grant construction permits under the
scope of management and functions of these agencies.
3. District-level
People’s Committees shall grant construction permits for works and separate
houses in urban centers, centers of commune clusters and in conservation zones
and historical and cultural relic areas in the territories under their
management, except construction works prescribed in Clauses 1 and 2 of this
Article.
4. Agencies competent to
grant construction permits are competent to adjust, extend, re-grant and
withdraw construction permits they have granted.
5. In case an agency
competent to grant construction permits fails to withdraw a construction permit
it has granted ultra vires, the provincial-level People’s Committee shall
directly issue a decision to withdraw such construction permit.
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1. To publicly post up
and explain and guide regulations on grant of construction permits.
2. To monitor, issue
replies to or notify project owners of dossiers ineligible for the grant of
construction permits.
3. To grant construction
permits according to the process and within the time limit prescribed in Article
102 of this Law.
4. To assume the prime
responsibility for, and coordinate with related functional agencies in
inspecting the construction according to construction permits; to suspend the
construction and withdraw construction permits according to their competence
when project owners commit serious violations.
5. Persons competent to
grant construction permits shall take responsibility before law and pay
compensations in accordance with law for damage caused by their wrong or
delayed grant of construction permits.
Article
105. Responsibilities of agencies and organizations related to the grant of
construction permits
1. To perform the
responsibilities prescribed at Point dd, Clause 1, Article 102 of this Law.
2. To take necessary
measures when receiving notices of agencies competent to handle violations with
regard to works constructed not according to planning, constructed without
permits or in violation of granted construction permits.
Article
106. Rights and obligations of construction permit applicants
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a/ To request
construction licensing agencies to explain, guide and comply with regulations
on construction licensing;
b/ To file complaints
about, lawsuits and denunciations against illegal acts in the grant of
construction permits;
c/ To start construction
of works in accordance with this Law.
2. Construction permit
applicants have the following obligations:
a/ To submit complete
dossiers and fully pay fees for the grant of construction permits;
b/ To bear responsibility
for the accuracy and truthfulness of construction permit application dossiers;
c/ Seven working days
before starting the construction, to notify in writing the construction
starting date to the commune-level People’s Committees of places where works
will be constructed;
d/ To observe strictly
the contents of the construction permits.
Chapter
VI
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Section
1. PREPARATION FOR CONSTRUCTION OF WORKS
Article
107. Conditions for commencement of construction of works
1. The commencement of
construction of a work must satisfy the following conditions:
a/ Having construction
grounds for handover in whole or in part according to the construction
schedule;
b/ Having construction
permits, for works requiring construction permits as prescribed in Article 89
of this Law;
c/ Having the approved
construction drawing designs of items or works to be constructed and the
drawings checked and certified by the project owner;
d/ Having construction
contracts signed between the project owner and selected contractor;
dd/ Ensuring adequate
funds according to the work construction progress;
e/ Having measures to
ensure safety and environmental protection in the course of construction.
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Article
108. Preparation of construction ground
1. The recovery, allocation and lease of land and
compensation and ground clearance for construction must comply with the land
law. People’s Committees at all levels shall direct and organize the
compensation and support for ground clearance and resettlement for construction
investment projects in accordance with law.
2. The duration of construction ground clearance must
meet the requirements on project implementation progress as approved or decided
by competent persons.
3. The handover of construction grounds in whole or
in part for construction must be as agreed between the project owner and
construction contractor.
4. Funds for compensation and support for ground
clearance and resettlement (if any) shall be ensured.
Article
109. Requirements on construction sites
1. Project owners shall install signboards at
construction sites, except for separate houses with under 7 stories. The
contents of a signboard include:
a/ Title and size of the work;
b/ Dates of commencement and completion;
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d/ Perspective drawings of the work.
2. Construction contractors shall manage the entire
construction sites in accordance with law, except the case in which the project
owner organizes the management. Contents of management of a construction work
include:
a/ There must be fences, guard posts and
conspicuous signboards to ensure separation between the construction site and
outside;
b/ The layout of the construction site within the
construction boundary of the work must be in line with the approved general
construction ground design drawing and the specific conditions of the
construction site;
c/ Supplies, materials and equipment pending
installation must be neatly arranged according to the general construction ground
design;
d/ Within the construction site there must be
signboards of the general ground plan, safety, fire and explosion prevention
and fighting and other necessary signboards.
3. Construction contractors shall take measures to
ensure safety for people and vehicles entering and leaving the construction
sites, collect and treat construction wastes in a proper manner without badly
affecting the environment around the construction sites.
Article
110. Requirements on use of building materials
1. Safety, efficiency,
thriftiness and environmental friendliness.
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3. Building materials
used for manufacture and processing of semi-finished products must comply with
Clauses 1 and 2 of this Article.
4. Priority shall be
given to using local and domestic materials. For projects using state funds,
the use of imported materials must be stated in bidding dossiers or dossiers of
requirements suitable to construction designs and technical instructions (if
any) decided by investment deciders.
Section 2. CONSTRUCTION OF
WORKS
Article
111. Requirements on construction of works
1. Complying with
approved construction designs, standards and technical regulations applicable
to works, laws and regulations on use of building materials; ensuring force-bearing
safety, safety in use, artistic appearance, environmental protection, fire and
explosion prevention and fighting, and other safety conditions prescribed by
law.
2. Ensuring safety for
construction works, people and construction equipment, underground facilities
and adjacent works; taking measures to restrict human and property losses when
unsafe incidents occur in the course of construction.
3. Taking separate safety
technical measures for construction items and jobs subject to strict requirements
on labor safety and fire and explosion prevention and fighting.
4. Using supplies and
materials of proper types and specifications and quantities according to
requirements of construction designs, ensuring thriftiness in the course of
construction.
5. Conducting
examination, supervision and pre-acceptance test of construction jobs and
important transitional construction stages when necessary and pre-acceptance
test of completed items and works before they are put into operation and use.
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Article
112. Rights and obligations of project owners in the construction of works
1. Project owners have
the following rights:
a/ To carry out
construction themselves if they have full and appropriate construction
capabilities or select construction contractors;
b/ To negotiate and sign
construction contracts; to supervise and request construction contractors to
strictly perform the signed contracts;
c/ To suspend the
performance of, or terminate, contracts with construction contractors in
accordance with law and construction contracts;
d/ To stop the
construction and request construction contractors to remedy consequences caused
by violations of regulations on work quality, safety and environmental
protection;
dd/ To request related
organizations and individuals to coordinate in performing jobs in the course of
construction;
e/ Other rights
prescribed by law.
2. Project owners have
the following obligations:
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b/ To join People’s
Committees at all levels in paying compensations for damage and clearing sites
for construction for handover to construction contractors;
c/ To organize quality
supervision and management of construction activities suitable to the forms of
project management and conformable with construction contracts;
d/ To examine
construction measures and measures to ensure safety and environmental
sanitation;
dd/ To organize
pre-acceptance tests, payment and settlement for works;
e/ To hire consultancy
organizations having full construction capabilities to test the quality of works
when necessary;
g/ To examine and decide
on contractors’ proposals related to designs in the course of construction;
h/ To archive
construction dossiers of works;
i/ To take responsibility
for the quality and origin of supplies, raw materials, materials, equipment and
construction products they supply for use in the works;
k/ To pay compensations
for damage caused by their violations of contracts and other violations;
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Article
113. Rights and obligations of construction contractors
1. Construction
contractors have the following rights:
a/ To reject illegal
requests;
b/. To propose
construction design modifications to suit construction reality, ensuring
quality and efficiency;
c/ To request payment for
the value of completed construction volumes according to the contracts;
d/ To stop construction
when there are threats of unsafety to people and works or the principals fail
to strictly perform their contractual commitments;
dd/ To request
compensations for damage caused due to faults of the principal;
e/ Other rights stated in
the contracts and prescribed by relevant laws.
2. Construction
contractors have the following obligations:
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b/ To make and submit to
project owners for approval construction measure designs specifying measures to
ensure safety for people, machinery, equipment and works;
c/ To carry out construction
strictly according to the designs and applied standards and technical
regulations, ensuring quality, progress, safety and environmental protection;
d/ To apply an
appropriate quality control system and establish quality management dossiers of
works;
dd/ To comply with
requirements on construction sites;
e/ To take responsibility
for the quality and origin of supplies, raw materials, materials, equipment and
construction products they supply for the works;
g/ To manage workers at
construction sites, ensuring security, order and environmental protection;
h/ To make construction
completion drawings and take part in the pre-acceptance test of works;
i/ To provide work
warranty;
k/ To pay compensations
for damage caused by their violations of contracts, use of materials of
improper categories or failure to ensure requirements of approved designs,
construction activities which fail to ensure quality or cause environmental
pollution, and other violations;
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m/ Other obligations stated
in the contracts and prescribed by relevant laws.
Article
114. Rights and obligations of designing contractors in construction
1. Designing contractors have the following rights:
a/ The rights prescribed in Clause 1, Article 86 of
this Law;
b/ To request project owners and construction
contractors to strictly implement the designs;
c/ To reject requests of project owners for
unreasonable design changes;
d/ To refuse to conduct pre-acceptance test of
works or work items if they are constructed not according to the designs;
dd/ Other rights as stated in the contracts and
prescribed by relevant laws.
2. Designing contractors have the following
obligations:
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b/ To appoint fully capable persons to conduct
design author’s supervision according to the contracts; persons performing this
task shall take responsibility before law for their violations and shall
compensate for damage caused due to their faults;
c/ To take part in the pre-acceptance test of works
according to construction designing contracts with project owners;
d/ To consider and remedy nationalities in the
construction designs at the request of project owners;
dd/ To promptly notify to project owners of
construction activities which are carried out not in accordance with approved
designs and propose handling measures;
e/ Other obligations stated in the contracts and
prescribed by relevant laws.
Article
115. Safety in construction
1. In the course of
construction, project owners and construction contractors shall ensure safety
for works, workers, equipment and vehicles operating on construction sites.
2. Project owners shall
arrange fully capable persons to monitor and examine construction contractors’
compliance with safety regulations; suspend or terminate construction when
detecting incidents causing unsafety to works, signs of violation of safety
regulations; coordinate with contractors in handling incidents or labor
accidents that occur; promptly notify fatal incidents or labor accidents to
competent functional agencies.
3. Construction
contractors shall propose and implement measures to ensure safety for people,
machinery, equipment, assets and works under construction, underground
facilities and adjacent works; construction machinery, equipment and supplies
subject to strict labor safety requirements shall be inspected to ensure their
safe use.
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In the course of
construction, construction contractors shall:
1. Work out and implement
measures to protect the environment in the course of construction, including
air environment and water environment, limits of solid waste, noise and other
requirements prescribed by the law on environmental protection.
2. Pay compensations for
damage caused by their violations related to environmental protection.
Article
117. Relocation of works
1. The relocation of
works must comply with approved construction master plans and ensure their
quality and safety, not affect adjacent works, and ensure their original
architecture, for works with conservation requirements.
2. Before relocating
works, project owners or work owners shall apply for relocation permits.
3. Contractors that
conduct the relocation of works shall apply measures to ensure labor safety and
safety for relocated works and adjacent works and environmental protection.
Article
118. Dismantlement of construction works
1. Construction works
shall be dismantled in the following cases:
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b/ Works are likely to
collapse, thus affecting the community and adjacent works;
c/ Works are constructed
in no-construction zones prescribed in Clause 3, Article 12 of this Law;
d/ Works are constructed
at variance with construction planning, works are constructed without
construction permits as required, or works are constructed at variance with
their construction permits;
dd/ Works are constructed
on public land, land under lawful use rights of organizations or individuals;
works are constructed against approved designs, for works exempted from
construction permit;
e/ Separate houses are
dismantled for building new ones.
2. The dismantlement of
construction works must satisfy the following requirements:
a/ It shall only be conducted
under a decision of a competent state agency (if any);
b/ It shall be conducted
according to the approved dismantlement plan and solutions, ensuring safety and
environmental protection.
3. Responsibilities of
parties involved in the dismantlement of construction works are prescribed as
follows:
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b/ Current owners or
users of works to be dismantled shall comply with dismantlement decisions of
competent state agencies. Those failing to comply with such decisions shall be
subject to coerced dismantlement of their works and bear all dismantlement
costs;
c/ Persons competent to
decide on the dismantlement of works shall take responsibility before law for
consequences of their failure to issue decisions, untimely decisions or illegal
decisions.
Article 119. Incidents in
construction works
1. In the course of
construction, operation, exploitation or use of works, if detecting threats of
unsafety or occurrence of incidents that may affect human lives, adjacent works
and communities, project owners, construction contractors, use managers or
competent state agencies shall:
a/ Stop the construction,
operation, exploitation or use of works, and apply measures to ensure safety
for people and property;
b/ Apply necessary
measures to limit and prevent further possible dangers to works and promptly
notify such to related competent organizations and persons;
c/ Protect incident
scenes, except cases in which remedies shall be taken promptly to prevent or
stop damage.
2. Upon detecting, or
receiving notices of, incidents, competent state agencies and related
organizations and persons shall, within the ambit of their respective tasks and
powers:
a/ Promptly apply urgent
measures to remedy the incidents;
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3. Works in which
incidents occur may be further constructed, operated, exploited or used only
when it is permitted by competent state agencies handling the incidents.
4. Organizations and
individuals that cause incidents to works shall pay compensations for damage
and bear related expenses, and may be administratively handled; individuals may
be examined for penal liability in accordance with law.
Section 3. SUPERVISION OF
CONSTRUCTION, PRE-ACCEPTANCE TEST AND HANDOVER OF CONSTRUCTION WORKS
Article 120. Construction
supervision
1. Construction works
shall be supervised in terms of quality, volume, progress, labor safety and
environmental protection in the course of construction.
The State shall encourage
the supervision of the construction of separate houses.
2. Supervision of the
construction of works must ensure the following requirements:
a/ Supervision shall be
conducted throughout the process of construction from commencement of
construction, construction activities to completion and pre-acceptance test of
construction jobs or constructed items;
b/ Supervision shall be
based on approved construction designs, applied standards, technical
regulations, regulations on the management and use of building materials,
technical instructions and construction contracts;
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3. Selected construction
supervision contractors shall propose supervision solutions and the process of controlling
the quality, volume, progress, labor safety and environmental protection and
the process of examination and pre-acceptance test, measures to manage records
and documents in the process of supervision and other necessary contents.
Article
121. Rights and obligations of project owners in construction supervision
1. Project owners have
the following rights:
a/ To conduct supervision
by themselves when they have full construction supervision capabilities and
take responsibility for their supervision;
b/ To negotiate and sign
construction supervision contracts; to monitor and supervise the performance
of, and request construction supervision contractors to properly perform,
signed contracts;
c/ To change or request
consultancy organizations to change supervisors in case the supervisors fail to
strictly comply with regulations;
d/ To suspend the
performance of, or terminate construction supervision contracts in accordance
with law;
dd/ Other rights stated
in the contracts and prescribed by relevant laws.
2. Project owners have
the following obligations:
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b/ To notify related
parties of the rights and obligations of supervision consultants;
c/ To promptly respond to
proposals of supervisors;
d/ To fully perform the
obligations agreed upon in the construction supervision contracts;
dd/ To preserve
construction supervision results;
e/ To pay compensations
for damage caused by the selection of supervision consultants that lack
construction supervision capability conditions, pre-acceptance test of
incorrect volume, construction not according to designs, and other violations
due to their fault;
g/ Other obligations
stated in the contracts and prescribed by relevant laws.
Article 122. Rights and
obligations of construction supervision contractors
1. Construction supervision
contractors have the following rights:
a/ To participate in the
pre-acceptance test and certification of completed construction jobs or works;
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c/ To reserve their
opinions on supervision jobs they perform;
d/ To suspend
construction when detecting that works are at risk of unsafety or contractors
conduct construction not according to designs and promptly notify such to
project owners for handling;
dd/ To reject
unreasonable requests of related parties;
e/ Other rights stated in
the contracts and prescribed by relevant laws.
2. Construction
supervision contractors have the following obligations:
a/ To conduct supervision
strictly according to contracts;
b/ Not to accept volumes
that fail to ensure quality or conform to applied standards, technical
standards and requirements of construction designs;
c/ To refuse to conduct
pre-acceptance test of works that fail to meet quality requirements;
d/ To notify project
owners of irrationalities in construction designs;
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e/ To pay compensations
for damage caused by the falsification of supervision results on construction
volumes implemented not according to designs, not in conformity with applied
standards and technical regulations which have not been reported by supervisors
to project owners or competent persons for handling, and by other violations
due to their faults;
g/ Other obligations
stated in the contracts and prescribed by relevant laws.
Article
123. Pre-acceptance test of construction works
1. The pre-acceptance
test of construction works covers:
a/ Pre-acceptance test of
construction works in the process of construction and pre- acceptance test of
transitional construction stages when necessary;
b/ Pre-acceptance test of
completed work items or construction works before being put into operation or
use.
2. Completed work items
or construction works may only be put into operation or use after their
pre-acceptance test results show that they meet requirements of construction
designs, applied standards and technical regulations and regulations on the
management and use of building materials and their pre-acceptance tests are
conducted in accordance with this Law.
3. Project owners shall
organize the pre-acceptance test of construction works. Organizations and
individuals participating in pre-acceptance test of construction works shall
take responsibility for products they have certified when conducting the pre-
acceptance test.
4. For important national
works, large-sized works with complicated technical requirements, works that
exert great impacts on community safety and environment and works using state
funds, pre-acceptance tests during the process of construction and of completed
works shall be examined. The responsibility for examining pre-acceptance tests
is prescribed as follows:
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b/ Specialized
construction agencies shall examine pre-acceptance tests performed by project
owners with regard to works other than those mentioned at Point a of this
Clause.
5. The Government shall
detail the quality management, pre-acceptance test and settlement of incidents
of construction works.
Article
124. Handover of construction works
1. The handover of
construction works must comply with the following provisions:
a/ Construction works
have been pre-acceptance tested in accordance with the construction law;
b/ Safety is ensured in
the operation and exploitation when the works are put into use.
2. Project owners shall
receive works according to contracts signed with contractors. Persons taking
part in the handover of works shall take responsibility for products certified
by them in the course of handover. If they are not use managers of works, project
owners shall hand over works to use managers after organizing the
pre-acceptance test of the works. The handover of construction works shall be
recorded in writing.
3. When handing over construction
works, construction contractors shall deliver to project owners construction
completion drawings, documents on the operation process, maintenance process
and list of reserve equipment, spare parts and supplies and other necessary
related documents.
4. Pending the handover
of construction works to their managers for use, project owners shall
temporarily manage and operate these works.
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Article
125. Warranty for construction works
1. Construction
contractors shall provide warranty for works they have constructed. Work and
technological equipment supply contractors shall provide warranty for equipment
they have supplied.
2. Contents of warranty
for a work include repair and replacement of damaged or faulty equipment due to
contractors’ faults.
3. The warranty duration
of works, their equipment and technological equipment shall be determined
according to types and grades of construction works and regulations of
manufacturers or equipment supply contracts.
4. The Government shall
specify the warranty of construction works.
Article
126. Maintenance of construction works
1. Maintenance of
construction works must meet the following requirements:
a/ Once put into
operation and use, construction works and their items shall be maintained;
b/ The maintenance
process shall be established and approved by project owners before putting
construction works and their items into operation or use; must be suitable to
use purposes, types and grades of construction works and their items and
installed equipment;
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2. Owners or use managers
of works shall maintain works and their machines and equipment.
3. The maintenance of
construction works and their equipment must comply with the approved
maintenance plans and process.
4. The Government shall
specify the maintenance of construction works and responsibility to announce
expired construction works.
Article
127. Termination of operation and use of construction works
1. Project owners or use
managers of works or competent state agencies shall decide to terminate the
operation and use of construction works when these works’ lifetime expires,
these works are at risk of becoming unsafe or causing incidents affecting the
safety of users and safety of adjacent works, the environment and community.
2. When deciding to
terminate the operation and use of works under common use, project owners or
use managers or competent state agencies shall issue written notices of their
decisions to work-using organizations, individuals and households.
3. The operation and use
of construction works may resume only after incidents have been remedied or
safety threats have been eliminated. For an expired work, if wanting to
continue to use the work, its owner or user shall conduct quality assessment,
reinforce and renovate it and repair its damage (if any) to ensure its safety
and utilities.
Section
5. CONSTRUCTION OF SPECIAL-TYPE WORKS
Article 128. Special-type
construction works
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a/ State-secret works;
b/ Works constructed
under urgent orders;
c/ Makeshift works.
2. The Government shall
detail this Article.
Article
129. Construction of state-secret works
1. State-secret works constructed
according to requirements must ensure secrets in construction investment
activities in the national defense, security, foreign relations, economic,
scientific and technological and other fields.
2. Agencies,
organizations and persons that are assigned to manage and construct state-
secret works have the power to decide on and shall take responsibility for
constructing, and organizing the construction of, works from the stages of
project formulation, survey, designing, construction and construction
supervision of works to the stage of pre-acceptance test and putting of works
into use.
3. The Government shall
decide on the construction of state-secret works.
Article
130. Construction of works under urgent orders
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2. Agencies,
organizations and persons that are assigned to manage the construction of works
under urgent orders may decide by themselves the order of survey, designing and
construction to meet the requirements of a state of emergency; and shall
organize the construction of such works in order to meet in time the
implementation requirements and schedule in order to minimize possible human
and material losses.
Article
131. Construction of makeshift works
1. Makeshift works are
those constructed to serve the construction of main works;
2. Project owners and
construction contractors shall themselves organize the appraisal and approval
of construction designs and cost estimates and construct makeshift works
according to approved construction designs and cost estimates.
3. Makeshift construction
works shall be dismantled after main works are put into operation and use, except
makeshift works constructed in accordance with approved construction master
plans.
Chapter
VII
CONSTRUCTION
INVESTMENT COSTS AND CONSTRUCTION CONTRACTS
Section
1. MANAGEMENT OF CONSTRUCTION INVESTMENT COSTS
Article
132. Principles of management of construction investment costs
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2. The State shall manage
construction investment costs through promulgating, guiding and examining the
implementation of, legal provisions; guiding methods of estimating and managing
construction investment costs, measuring work volumes, construction machine and
equipment shift prices, adjusting construction cost estimates, construction
price index, controlling costs in construction investment; and guiding and
managing the grant of construction valuation certificates; and publicizing
construction criteria and norms and construction price index.
3. Project owners shall manage
construction investment costs from the stage of project preparation to the
completion of construction and putting of projects into operation and use
within the approved total investment amounts of projects. Project owners may
hire cost management consultancy organizations and individuals with full
capability conditions to estimate, appraise and control construction investment
costs.
4. The inspection,
examination and audit of construction investment costs shall be conducted based
on conditions for and methods of determining construction investment costs
already approved by investment deciders and project owners in accordance with
regulations and guidelines on the estimation and management of construction
investment costs and the order of construction investment.
5. Construction
investment costs of projects using state funds shall be determined according to
regulations on the estimation and management of construction investment costs.
Article
133. Contents of management of construction investment costs
1. Contents of management
of construction investment costs include total investment amounts, construction
cost estimates, prices of construction bidding packages, prices of construction
contracts, construction norms and prices, expenses for project management and
construction investment consultancy; payment and settlement of construction
investment funds; and rights and obligations of investment deciders, project
owners and construction contractors in the management of construction
investment costs.
2. The Government shall
detail the management of construction investment costs.
Article
134. Total construction investment amount
1. Total construction
investment amount includes all construction investment costs of a project
determined according to the basic design and contents of the construction
investment feasibility study report. In case a construction investment
pre-feasibility study report is to be made, the total investment amount
determined according to the preliminary design shall serve as a basis for estimating
construction investment costs.
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3. The total construction
investment amount shall be determined based on the construction volume
calculated according to the basic design and other necessary requirements of
projects, or determined based on the construction investment capital ratio or
data on costs of previously constructed similar works.
4. The total construction
investment amount shall be appraised and approved and serve as the basis for
managing project costs. For projects using state funds, the approved total
construction investment amount is the maximum level which project owners may
use to implement the projects.
5. The approved total
construction investment amount of a project using state funds may be adjusted
only when the project is adjusted under Clause 1, Article 61 of this Law. For
projects using other funds, investment deciders shall decide on the adjustment
of their total construction investment amounts.
Article 135. Construction
cost estimates
1. Construction cost
estimate covers costs necessary for constructing a work, performing a bidding
package or construction job, which shall be determined based on the volume
calculated according to the technical design, construction drawing design,
requirements of the job to be done and construction norms and prices.
2. Contents of a
construction cost estimate include costs of construction, equipment, project
management, construction investment consultancy, other costs and provisional
fund.
3. A construction cost
estimate using state funds shall be approved under Clauses 1 and 2, Article 82
of this Law and serve as a basis for determining the price of the bidding
package and for negotiating and signing the construction contract.
4. The approved
construction cost estimate of a project using state funds may be adjusted only
in the following cases:
a/ Adjusting the total
construction investment amount under Clause 1, Article 61 of this Law;
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c/ The adjustment of the
construction cost estimate shall be appraised and approved in accordance with
the construction law.
5. For projects using
other funds, investment deciders or project owners shall decide on the
adjustment of their construction cost estimates.
Article 136. Construction
norms, prices and price index
1. The system of
construction norms includes economic-technical norms and cost norms. The
construction price of a work includes detailed construction unit prices and
general construction prices for different groups and types of construction
jobs, structural units, parts of the work or the whole work.
2. Construction unit
prices of a work shall be determined based on market prices or construction
norms and prices of materials, labor, construction machines and other necessary
cost elements compatible with market price levels in construction areas.
3. The system of
construction norms and prices prescribed in Clause 1 of this Article shall be
publicized by competent state agencies and used or referred to by project
owners for determining and managing construction investment costs.
4. Construction price
index is an indicator reflecting the level of time-based fluctuation of
construction prices of works and serving a basis for determining and adjusting
total investment amounts and cost estimates of works and prices of construction
contracts and for managing construction investment costs of works.
The Ministry of
Construction shall publicize the national construction price index;
provincial-level People’s Committees shall publicize local construction price indexes.
Article 137. Payment and
settlement for construction investment projects
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2. After construction
works are completed, pre-acceptance tested, handed over and put into use,
settlement of construction investment projects shall be made. For projects
using state funds, investment deciders shall approve settlements for
construction investment projects within their approved investment amounts. The
Government shall specify the settlement time limit for construction investment
projects.
3. The payment and
settlement for construction contracts must comply with Articles 144 and 147 of
this Law.
Section 2. CONSTRUCTION
CONTRACTS
Article 138. General
provisions on construction contracts
1. Construction contracts are civil contracts
established in writing between principals and contractors to perform in part or
wholly the work in construction investment activities.
2. The principles of signing construction contracts
include:
a/ Voluntariness, equality, cooperation,
non-violation of law and social ethics;
b/ Assurance of adequate funds for payment
according to contractual agreement;
c/ Having completed the selection of contractor and
concluded the process of contract negotiation;
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3. The principles of performance of construction
contracts include:
a/ The contractual parties shall properly implement
their commitments in the contract regarding the scope of work, quality
requirements, quantity, category, schedule, methods and other agreements;
b/ Honesty, cooperation and lawfulness;
c/ No infringement upon the interests of the State
and community and lawful interests of other organizations and individuals.
4. Language used in construction contracts is
Vietnamese. For construction contracts with the participation of foreign
parties, the languages used therein are Vietnamese and another language as
agreed upon by the parties.
5. Construction contracts shall be signed and
performed in accordance with this Law and relevant laws.
Article
139. Effect of construction contracts
1. A construction
contract becomes effective when fully meeting the following conditions:
a/ The contract signees
have full civil act capacity and act according to their competence in
accordance with law;
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c/ The contractor has
full construction operation and practice capability conditions prescribed by
this Law.
2. The time when a
construction contract becomes effective is the time of its signing or another
specific time as agreed upon by contractual parties.
Article
140. Types of construction contract
1. Construction contracts shall be categorized
according to the characteristics and contents of work to be performed and
applied contract prices.
2. According to the characteristics and contents of
work to be performed, construction contracts include:
a/ Construction consultancy contract;
b/ Work construction contract;
c/ Contract on supply of equipment for installation
in construction work;
d/ Contract on designing, procurement of supplies
and equipment and construction, turnkey contract;
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3. According to the form of applied contract price,
construction contracts include:
a/ Package contract;
b/ Fixed unit price-based contract;
c/ Adjustable unit price-based contract;
d/ Time-based contract;
dd/ Charge-plus cost-based contract;
e/ Combined price-based contract;
g/ Other construction contract;
h/ Construction contract using State funds may only
use types of contract prescribed at Points a, b, c and d of this Clause or a
combination of these types of contract.
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1. A construction contract includes the following
contents:
a/ Applied legal bases;
b/ Language used in the contract,
c/ Content and volume of work;
d/ Quality, technical requirements of work;
pre-acceptance test and handover;
dd/ Contract performance duration and schedule;
e/ Contract price, advance payment, currency used
in payment, and payment for the contract;
g/ Contract performance security, contract advance
guarantee;
h/ Adjustment of the construction contract;
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k/ Liability for violations of the contract,
rewards and fines for violations of the contract;
l/ Suspension and termination of the contract;
m/ Settlement of disputes over the contract;
n/ Risks and force majeure events;
o/ Settlement and
liquidation of the contract;
p/ Other contents.
2. For general
construction contracts, beside the contents prescribed in Clause 1 of this
Article, the management contents and responsibilities of the construction
contractor shall be added.
3. The Government shall
detail construction contracts.
Article
142. Dossiers of construction contracts
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2. A construction contract may be enclosed with
some or all of the following documents:
a/ Written notice of contract winning or contractor
appointment;
b/ Specific terms of the contract or terms of
reference, for construction consultancy contracts;
c/ General terms of the contract;
d/ Bidding dossier or dossier of requirements of
the principal;
dd/ Design drawings and technical instructions;
e/ Bid dossier or dossier of proposals of the
contractor;
g/ Written records of contract negotiation,
documents modifying and supplementing the contract;
h/ Annexes;
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3. The order of priority application of documents
enclosed with a construction contract shall be agreed upon by contractual
parties. In case the contractual parties have no agreement thereon, the order
prescribed in Clause 2 of this Article will apply.
Article 143. Adjustment of
construction contracts
1. Adjustment of a construction contract includes
adjustment of volume, schedule, contract unit prices and other contents agreed
upon in the contract. Adjustment of a construction contract may be made only
during the period of contract performance.
2. A construction contract may be adjusted in the
following cases:
a/ The case(s) agreed upon by the parties in the
contract in accordance with this Law and relevant laws;
b/ When the State changes its policies directly
affecting the contract performance, unless otherwise agreed upon by the
contractual parties;
c/ When the project is adjusted, affecting the
contract, unless otherwise agreed upon by the parties;
d/ Force majeure
circumstances as prescribed by law.
2. In addition to the provisions of Clauses 1 and 2
of this Article, the adjustment of prices of construction contracts under
projects using state funds must also comply with the following provisions:
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b/ Unit prices in contracts may be adjusted
according to the contents, scope, methods and bases for contract adjustment
agreed upon by the parties in the contracts in accordance with law;
c/ Permission of investment deciders shall be
sought for contract adjustments that would change the investment objectives and
contract performance time or increase the approved construction bidding package
cost estimate.
Article
144. Payment for construction contracts
1. Payment for a
construction contract must suit the type of contract, contract price and
conditions stated in the contract already signed by the parties.
2 Contractual parties
shall reach agreement on methods, time and dossiers of and conditions on
payment.
3. The principal shall
fully pay the value for each time of payment to the contractor after
subtracting advanced amount and work warranty money as agreed upon in the
contract, unless otherwise agreed upon by the parties.
4. For package contracts,
payment shall be made according to a percentage of the contract price or the
price of the work, work items or volume of work corresponding to the payment
period agreed upon by the parties in the contract.
5. For fixed unit
price-based and adjustable unit price-based contracts, payment shall be made
based on actually completed and tested volumes and unit prices or adjusted unit
prices as agreed upon in the contracts.
6. For time-based
contracts, payment of expenses for consultants shall be determined by
multiplying the consultants’ salary levels and expenses related to their
activities by their actual working time already pre-acceptance tested (on a
monthly, weekly, daily or hourly basis).
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8. Payment for arising
volumes without price units stated in construction contracts shall be made as
agreed upon in the contracts.
9. Currency used in the
payment of construction contracts is Vietnam dong; foreign currencies may be
used for payment as agreed upon by contractual parties in accordance with the
law on foreign exchange management.
Article
145. Suspension and termination of construction contracts
1. Contractual parties
has the right to suspend the performance of their construction contract in the
following cases:
a/ The principal has the
right to suspend the performance of the construction contract when the
contractor fails to meet requirements on quality, labor safety and schedule
stated in the signed contract;
b/ The contractor has the
right to suspend the performance of the construction contract when the
principal violates the payment agreements.
2. The principal has the
right to terminate the performance of the contract in the following cases:
a/ The contractor falls
bankrupt or is dissolved;
b/ The contractor refuses
or continuously fails to perform work under the contract resulting in
violations of the performance schedule agreed upon in the contract.
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a/ The principal falls
bankrupt or is dissolved;
b/ Due to the fault of the
principal the work is suspended repeatedly beyond the schedule agreed upon by
the parties, unless otherwise agreed upon by the parties;
c/ The principal fails to
make payment to the contractor after the time limit agreed upon by the parties
from the date the principal receives complete and valid payment dossiers,
unless otherwise agreed upon by the parties.
4. Before a party
suspends or terminates the performance of the construction contract under
Clauses 1, 2 and 3 of this Article, it shall notify in writing the other party
of the reason for suspension or termination; if it fails to notify the other
party, thus causing damage to the latter, it shall pay compensations for such
damage.
Article
146. Rewards and fines for construction contracts, compensations for damage
caused by violations and settlement of disputes over construction contracts
1. Rewards or fines for
construction contracts shall be agreed upon by the parties and stated in the
contracts.
2. For works using state
funds, the fine level must not exceed 12% of the value of the violated
contract. In addition to the fine level as agreed upon, the violating party
shall compensate for damage caused to the other party and a third party (if
any) in accordance with this Law and relevant laws.
3. The contractor shall
compensate for damage caused to the principal in the following cases:
a/ The work quality fails
to ensure the agreements reached in the contract or the completion time is
prolonged due to the fault of the contractor;
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4. The principal shall
pay compensations to the contractor in the following cases:
a/ Due to the fault of
the principal, the contractual work is discontinued or performed behind schedule,
encounters risks or machines, equipment, supplies and structures of the
contractor are left unused;
b/ The principal provides
documents and conditions necessary for the jobs not in accordance with the
contractual agreements, making the contractor re-implement construction,
suspend or adjust its job;
c/ The principal supplies
raw materials, materials and equipment and meets other requirements not
according to the time and requirements stated in the construction contract;
d/ The principal fails to
make payment as agreed upon in the contract.
5. In case a party fails
to perform the contractual obligations or improperly performs the contractual
obligations, after performing the obligations or applying remedies, it shall
also pay compensations for other damage, if any, caused to the other party at
the level equivalent to the level of damage caused to the other party.
6. If a party violates
the contract due to the fault of a third party, the violating party shall take
responsibility for the violation to the other party. The dispute between the
violating party and the third party shall be settled in accordance with law.
7. If the contract
violation of a party infringes upon the body, interests and property of the
other party, the inflicted party is entitled to request the other party to bear
the responsibility for contract violations as agreed upon in the contract and
prescribed by relevant laws.
8. Principles and order
of settlement of disputes over construction contracts are prescribed as
follows:
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b/ Contractual parties
shall themselves negotiate on the settlement of disputes. If their negotiation
is unsuccessful, their disputes shall be settled through conciliation or
commercial arbitration or court proceedings in accordance with law.
Article
147. Settlement and liquidation of construction contracts
1. The contractor shall make settlement for the
construction contract with the principal in accordance with the type of
contract and applied contract price. The contents of settlement for a
construction contract must conform with the agreements stated therein.
2. The time limit for settlement for a construction
contract shall be agreed upon by the parties. For construction contracts using
state funds, the time limit for settlement is 60 days from the date of
pre-acceptance test of the completion of the entire work under the contract,
including arising work (if any). For large construction contracts, the time
limit for settlement may be longer but must not exceed 120 days.
3. A construction contract may be liquidated in the
following cases:
a/ The parties have fulfilled their contractual
obligations;
b/ The construction contract is terminated or
cancelled in accordance with law.
4. The time limit for liquidation of a construction
contract shall be agreed upon by the contractual parties. For construction
contracts using state funds, the time limit for liquidation thereof is 45 days
from the date the contractual parties fulfill their contractual obligations or
the contract is terminated under Clause 2, Article 145 of this Law. For large
construction contracts, the time limit for their liquidation may be longer but
must not exceed 90 days.
Chapter VIII
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Article
148. General provisions on capability condition of organizations and
individuals engaged in construction activities
1. Individuals conducting construction activities must
have diplomas and training certificates relevant to their construction jobs
granted by lawful training institutions.
2. Contractors being foreign organizations and
individuals conducting construction activities in Vietnam shall comply with the
law on bidding and must possess operation licenses granted by state management
agencies in charge of construction.
3. Holders of titles and individuals independently
practicing construction activities who are required to possess practice
certificates include labor safety supervisor; project manager, individual
personally participating in project management; construction planning design
manager; construction survey manager; construction design or design
verification manager; site chief commander; construction supervisor;
construction appraiser; and construction valuator. Practice certificates shall
be classified into class I, class II and class III.
4. Organization conducting construction activities
shall be classified into class I, class II and class III and assessed and
granted capability certificates by competent state agencies. The Ministry of
Construction shall grant class-I capability certificates; provincial-level
Construction Departments shall grant class-II and class-III capability
certificates. Organizations conducting construction activities shall register
appropriate business lines in accordance with law.
5. The Government shall detail capability
conditions for organizations and individuals conducting construction
activities; conditions, competence, order and procedures for licensing
operations of contractors being foreign organizations and individuals; program,
contents, forms of holding tests to grant practice certificates and capability
certificates of organizations, and conditions on professional construction
training and retraining institutions.
Article 149. Construction
practice certificates
1. Construction practice certificate is a document
certifying practice capability granted by a competent agency to individuals
prescribed in Clause 3, Article 148 of this Law who have adequate professional
qualifications relevant to and experiences about the field of practice.
2. To be granted a construction practice
certificate, an individual must meet the following conditions:
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b/ Having a working period and experience relevant
to the content of application for a practice certificate;
c/ Having passed a test on professional experience
and legal knowledge related to the field of practice.
3. The competence to hold tests and grant
construction practice certificates is prescribed as follows:
a/ Specialized agencies of the Ministry of
Construction are competent to hold tests and grant class-I construction
practice certificates;
b/ Provincial-level Construction Departments and
socio-professional organizations that have all the conditions prescribed by the
Government are competent to hold tests and grant construction practice
certificates of the remaining classes.
Article 150. Conditions on
construction planning designing organizations
1. Having full relevant capability conditions for
making construction planning designs.
2. Individuals holding the title of construction
plan design manager must possess practice and capability certificates relevant
to each type of construction plan.
Article 151. Conditions on
organizations formulating and verifying construction investment projects
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2. Individuals holding
the title of project formulation or verification manager; individuals
participating in project formulation or verification must have practice
capabilities relevant to each type of construction investment project.
Participants must have full project formulation practice capabilities meeting
requirements of construction investment projects.
Article 152. Conditions on
construction investment project management consultancy organizations and
construction investment project management units
1. Construction
investment project management consultancy organizations must meet the following
conditions:
a/ Having full
construction capability conditions suitable to project management work
according to sizes and types of projects;
b/ Individuals holding
the title of project manager, individuals personally participating in project
management must have relevant qualifications, training certificates, working
experiences and practice certificates relevant to sizes and types of projects.
2. Construction
investment project management units must meet the following conditions:
a/ Possessing the
establishment decision issued by a competent agency or organization, for specialized
construction investment project management units and regional construction
investment project management units or project owners for project management
units they have established;
b/ Having full
construction capability conditions suitable to project management work
according to sizes and types of project;
c/ Having an
organizational structure meeting project management requirements; having a
fixed working office;
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Article
153. Conditions on construction survey organizations
1. Possessing adequate
construction survey capabilities.
2. For every construction
survey task, there must be a construction survey manager appointed by the
construction survey contractor. A construction survey manager must have full
construction survey capabilities and relevant practice certificates.
Individuals participating in each construction survey job must have
qualifications relevant to the assigned job.
3. Machinery and
equipment serving construction survey must meet quality requirements and ensure
safety for survey and environmental protection activities.
4. Laboratories serving
construction survey must satisfy prescribed standards and shall be accredited
by competent state management agencies.
Article 154. Conditions on
construction designing and design-verifying organizations
1. Having full capability
conditions for work construction designing and verifying work construction
designs.
2. Individuals holding
the title of design manager must have construction designing practice
capabilities and practice certificates relevant to requirements of each type
and grade of work.
Article 155. Conditions on
construction supervision and testing consultancy organizations
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2. Individuals engaged in
construction supervision and testing consultancy must possess practice
certificates relevant to performed jobs.
Article
156. Conditions on construction investment cost management consultancy
organizations
1. Having full capability
conditions suitable to construction investment cost management.
2. Individuals in charge
of estimating, verifying and managing construction investment costs must
possess construction valuation practice certificates.
Article
157. Conditions on work construction organizations
1. Having full work
construction capabilities corresponding to types and grades of construction
works.
2. Site chief commanders
must possess construction practice capabilities and relevant practice
certificates.
3. Having construction
equipment meeting requirements on construction safety and quality.
Article
158. Conditions on independent practitioners
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1. Having registered operations in the fields
relevant to the practicing content;
2. Possessing practice and capability certificates
relevant to performed jobs.
Article
159. Management and supervision of construction capabilities
1. Organizations engaged in construction activities
shall register information about their construction capabilities with the
Ministry of Construction and provincial-level Construction Departments of localities
where their head offices are located.
2. Independent construction practitioners shall
register information about their practice capabilities with provincial-level
Construction Departments of localities where they permanently reside.
3. The Ministry of Construction and
provincial-level Construction Departments shall guide the registration of
information about construction capabilities of organizations and practice
capabilities of individuals on the websites under their respective management;
examine and handle violations in the observance of regulations on capability
conditions by project owners, organizations and individuals engaged in
construction activities.
4. Project owners shall examine and asses the
declaration of construction capabilities and practice capabilities of bidders
against requirements of bidding packages and information about construction
capabilities registered under this Article.
Chapter IX
RESPONSIBILITIES OF
STATE AGENCIES TO MANAGE CONSTRUCTION INVESTMENT ACTIVITIES
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1. Formulating, and
directing the implementation of, strategies, schemes, master plans and plans on
development of the construction market and capacity of the construction sector.
2. Promulgating, and
organizing the implementation of, legal documents on construction.
3. Formulating and
promulgating construction standards and technical regulations.
4. Organizing and
managing construction planning, project management and appraisal and
construction designing; promulgating and announcing construction norms and
prices;
5. Guiding, examining and
assessing the quality management of construction works; managing construction
investment costs and construction contracts; managing construction
capabilities; managing bidding work in construction activities; managing
occupational safety and sanitation and environmental protection in construction
activities.
6. Granting and revoking
permits and certificates in construction investment activities.
7. Examining, inspecting
and settling complaints and denunciations and handling violations in
construction investment activities.
8. Organizing scientific
and technological research and application in construction and dissemination of
knowledge and law about construction.
9. Training human
resources for construction investment activities.
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11. Managing and
archiving construction work dossiers.
12. Carrying out international
cooperation in construction activities.
Article
161. Responsibilities of the Government
1. To unify the state
management of construction investment activities nationwide; to direct the
formulation and implementation of strategies and plans; to promulgate legal
documents on construction.
2. To direct ministries,
sectors and localities in implementing the law on construction; to assign and
decentralize the state management to ministries, sectors and localities; to
direct the settlement of important issues, complicated problems and
difficulties in the course of management of construction investment activities.
Article
162. Responsibilities of the Ministry of Construction
The Ministry of
Construction shall take responsibility before the Government for performing the
unified state management of construction investment activities and has the
following responsibilities:
1. To assume the prime
responsibility for formulating and submitting to the Government and the Prime
Minister legal documents, strategies, schemes, master plans and plans on
development of the construction market and capacity of the construction sector.
2. To promulgate, and
organize the implementation of, legal documents on construction according to
its competence; to promulgate national technical regulations on construction
and documents on construction techniques according to its competence.
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4. To direct, guide,
examine and assess the quality management of construction works; to monitor,
examine and propose the handling of quality and safety of national important
works, large works and technically complex works in the process of
construction, operation and use; to manage construction investment costs and
construction contracts; to manage construction capabilities; to manage bidding
work in construction activities; to organize, consider and approve quality
prizes for construction works.
5. To grant, re-grant,
adjust, extend and withdraw licenses and certificates in construction
investment activities according to its competence.
6. To examine, inspect
and settle complaints and denunciations and handle violations in construction
investment activities.
7. To organize scientific
and technological research and application in construction and dissemination of
knowledge and law about construction.
8. To organize construction
professional training and retraining for cadres and civil servants of state
management agencies in charge of construction.
9. To guide, examine and
assess the management of safety, labor sanitation and environment in the
construction of works.
10. To coordinate with
related ministries, sectors and localities in examining and evaluating the
implementation of projects.
11. To manage and provide
information to serve construction investment activities.
12. To manage and archive
construction work dossiers.
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14. To perform other
tasks related to construction investment activities assigned by the Government.
Article
163. Responsibilities of ministries and ministerial-level agencies
1. Within the scope of
their powers, ministries managing specialized construction works shall:
a/ Coordinate with the
Ministry of Construction in performing the state management of construction
investment activities and take responsibility for managing the quality of
specialized construction works in accordance with this Law;
b/ Study, promulgate,
guide and examine the implementation of, specialized regulations, standards and
economic-technical norms after consulting the Ministry of Construction;
organizing professional training and retraining in construction investment for
cadres and civil servants of attached agencies and units;
c/ Monitor, examine and
summarize the supervision and assessment of the construction of specialized
works under their management in accordance with law;
d/ Coordinate with and
support ministries, agencies and related organizations and People’s Committees
of all levels in the process of implementation of specialized construction
investment projects in issues under their management.
2. Ministries and
ministerial-level agencies shall:
a/ Perform the state
management functions according to their assigned tasks and powers; promulgate
documents according to their competence; direct the implementation of
construction master plans and construction investment plans; organize the
provision of guidance, examination and handling of violations in construction
investment activities;
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c/ Summarize the
situation of, implementing, supervising and assessing construction investment
activities and take responsibility for managing the quality of construction
works under their assigned management;
d/ Send periodical and
annual reports on the management of their construction investment activities to
the Ministry of Construction for summarization and monitoring;
dd/ Perform other tasks
prescribed by law.
Article
164. Responsibilities of People’s Committees at all levels
1. Provincial-level
People’s Committees shall:
a/ Perform the state
management functions according to their assigned tasks and powers; promulgate
documents according to their competence; direct the implementation of
construction master plans and construction investment plans; organize the
provision of guidance, examination and handling of violations in construction
investment activities;
b/ Coordinate with and
support ministries, agencies and related organizations and People’s Committees
of all levels in the process of implementation of specialized construction
investment projects in issues under their management;
c/ Send periodical and
annual reports on the management of their construction investment activities to
the Ministry of Construction for summarization and monitoring;
d/ Organize professional
training and retraining in construction investment for cadres and civil
servants of attached agencies and units;
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2. District-and
commune-level People’s Committees shall:
a/ Perform the state
management of construction investment activities in their localities as
decentralized; organize professional training and retraining in construction
investment for cadres and civil servants of attached agencies and units;
b/ Coordinate with and
support People’s Committees of higher levels in the implementation, monitoring,
examination and supervision of construction investment projects in localities
under their management. Take responsibility for managing the quality of
construction works issues under their assigned management;
c/ Send periodical and
annual reports on the management of construction investment activities in
localities to People’s Committees of higher levels for summarization and
monitoring;
dd/ Perform other tasks
as prescribed by law.
Article 165. Construction
inspectorates
1. The construction inspectorates
of the Ministry of Construction and provincial-level Construction Departments
shall perform the functions of administration inspection and specialized
inspection of construction with regard to organizations and individuals
conducting construction activities.
2. The Ministry of
Construction shall direct and organize specialized inspection of construction
investment activities nationwide. Provincial-level Construction Departments
shall organize specialized inspection of construction investment activities in
localities.
3. Specialized inspection
of construction investment activities covers:
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b/ Detection, stopping
and handling of violations within their competence or propose competent state
agencies to handling violations of the construction law.
4. The Government shall
detail construction inspection.
Chapter X
IMPLEMENTATION
PROVISIONS
Article 166. Transitional
provisions
1. Construction
investment projects which are approved before this Law takes effect are not
required to be re-approved, and their unimplemented subsequent activities must
comply with this Law.
2. Construction
investment project management units of single projects using state funds which
are established before the date this Law takes effect are not required to
change their organizational form of project management under Clauses 1 and 2,
Article 62 of this Law.
3. Works that are
constructed before the date this Law takes effect and still exist in conformity
with construction planning but become architecturally inappropriate after site
clearance shall be permitted to exist in their original conditions; their
renovation, repair and upgrade must comply with this Law.
4. The Government shall
detail Clause 1 of this Article.
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1. This Law shall take effect on January 1, 2015.
2. Construction Law No. 16/2003/QH11 and Article 1
of Law No. 38/2009/QH12 Amending and Supplementing a Number of Articles of Laws
Concerning Capital Construction Investment cease to be effective on the date
this Law takes effect.
Article 168. Detailing
The Government and competent agencies shall detail
the articles and clauses as assigned in the Law.
This Law was passed on June 18, 2014, by the
XIIIth National Assembly of the Socialist Republic of Vietnam at its
7th session.-
CHAIRMAN OF THE
NATIONAL ASSEMBLY
Nguyen Sinh Hung