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THE NATIONAL ASSEMBLY OF VIETNAM
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SOCIALIST REPUBLIC OF VIET NAM
Independence-Freedom-Happiness
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No. 62/2020/QH14
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Hanoi, June 17, 2020
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LAW
ON AMENDMENTS TO CONSTRUCTION LAW
Pursuant to the Constitution of
the Socialist Republic of Vietnam;
The National Assembly hereby
promulgates the Law on Amendments to the Construction Law No. 50/2014/QH13 as
amended in the Law No. 03/2016/QH14, Law No. 35/2018/QH14 and Law No.
40/2019/QH14.
Article 1.
Amendments to the Construction Law
1. Some Clauses
of Article 3 are amended as follows:
a) Clause 1 is amended as follows:
“1. “construction investment
pre-feasibility study report” means a document presenting a preliminary
study’s contents, including necessity, feasibility and efficiency of
construction investment, which serves as a basis for decision on or approval
for the construction investment policy.”;
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“4. “specialized construction
work-managing ministry” means a ministry tasked to manage the investment
and construction of works in the construction sector under its management in
accordance with regulations laid down herein.”;
c) Clause 10 is amended as follows:
“10. “construction work”
means a product constructed according to design, created by human labor and
with building materials and equipment installed therein, and affixed to land,
which possibly includes underground and surface components, underwater and
water surface components.”;
d) Clause 13 is amended as follows:
“13. “specialized construction
agency” means an agency assigned to manage the construction and affiliated
to a specialized construction work-managing ministry, provincial-level People’s
Committee, district-level People’s Committee or management authority of an
industrial park, export processing zone, hi-tech park or economic zone.”;
dd) Clause 15a is added to Clause
15 as follows:
“15a. “urban area construction
investment project” means a construction investment project whose functions
are to serve mixed purposes and synchronize technical infrastructure and social
infrastructure with housing construction works or other construction works
according to the construction planning which has been approved by a competent
authority for construction, repair or renovation of an urban area.”;
e) Clause 29 is abrogated;
g) Clause 36 is amended as follows:
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h) Clause 46 is added following
Clause 45 as follows:
“46. “danger zones in
construction” mean areas within or around the construction site where
potential hazards may occur and cause harm or damage to human, construction
structures, property, equipment and/or facilities during the construction
process, which is determined according to standards, technical regulations and
measures for implementation of construction works.”.
2. Some Clauses of
Article 4 are amended as follows:
a) Clause 1 is amended as follows:
“1. Ensure the compliance of work
construction investment with master plans and designs, landscape and
environmental protection, the suitability to natural and social conditions and
cultural characteristics of each locality; ensure the stable life of people;
combine socio-economic development with national defense and security, disaster
preparedness and management, and response to climate change.”;
b) Clause 6 is amended as follows:
“6. Organizations and individuals
involved in construction activities must satisfy capacity requirements and
assume responsibility for quality of works performed as prescribed by this
Law.”;
c) Clause 8 is amended and Clause 9
is added following Clause 8 as follows:
“8. Clearly define the function of
state management in construction investment activities from the function of
management of investment decision makers, project owners suitable to each type
of used funding sources.
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3. Article 5 is
amended as follows:
“Article 5. Types and grades of
construction works
1. Types of construction works
shall be determined by structural characteristics and functions of construction
works.
2. Grades of construction works
shall be determined for each type of construction works, including:
a) Grades of construction works
serving the management of construction investment activities as prescribed by
this Law shall be determined based on their sizes, importance and technical
specifications, including special grade, grade I, grade II, grade III and grade
IV, except for the case specified in Point b of this Clause;
b) Grades of construction works
serving the construction design are provided for in standards and technical
regulations. Grades of construction works serving other management tasks shall
be determined in accordance with relevant laws.
3. The Government shall elaborate
types of construction works.
4. The Minister of Construction
shall elaborate grades of construction works prescribed in Point a Clause 2 of
this Article.”.
4. Article 7 is
amended as follows:
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1. The project owner shall be
determined before the formulation of or upon the approval of a project or in
other cases as prescribed by relevant laws.
2. Depending on funding sources
used for a project, the project owner shall be specifically determined as
follows:
a) For a project using public
investment funds, the project owner shall be determined in accordance with the
provisions in Clause 3 of this Article and the Law on public investment;
b) For a project using state funds
as prescribed by relevant laws (hereinafter referred to as “project using
non-public investment state funds”), the project owner is the agency or
organization assigned by the investment decision maker to manage and use the
funds for construction investment;
c) For a project to be implemented
in the public-private partnership form (hereinafter referred to as “PPP
project”), the project owner is the PPP project enterprise established in
accordance with the provisions of the Law on investment in public-private
partnership form;
d) For a project which uses lawful
investment sources of organizations and individuals, is other than the one
prescribed in Point a, b or c of this Clause (hereinafter referred to as
“project using other funds”) and must be implemented by an investor as
prescribed by the Law on investment, the project owner is the investor approved
by a competent authority. Where multiple investors involve in the project, they
may establish an organization or authorize a qualified investor to act as the
project owner. If relevant laws stipulate the selection and certification of
project owner, such selection and certification of project owner must meet
relevant conditions and comply with relevant laws;
dd) For projects other than those
prescribed in Points a, b, c and d of this Clause, project owners shall be the
owners of investment funds.
3. Based on the specific conditions
of projects using public investment funds, the investment decision makers shall
assign the specialized or regional construction investment project management
boards to act as project owners. Where a project management board is not
available or it is not qualified to act as a project owner, the investment
decision maker shall select an agency or organization that fully meets
experience and managerial capacity requirements to act as the project owner.
4. Project owners shall take
responsibility before the law, investment decision makers and competent
authorities within the limits of their rights and obligations prescribed in
this Law and relevant laws.”.
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“c) Construction contractors shall
buy insurance for construction workers working on the construction sites and
civil liability insurance for third party.”.
6. Some Clauses of
Article 10 are amended as follows:
a) Clause 1 is amended as follows:
“1. Incentives are provided for
construction investment activities which are performed to conserve, embellish
and promote the value of historical and cultural relics, cultural heritage
sites, beliefs and religion; for construction of social housing; and for
construction investment activities performed under planning in mountainous
areas, islands, areas facing exceptionally difficult socio-economic conditions
and areas adversely affected by climate change.”;
b) Clause 4 is added following
Clause 3 as follows:
“4. The Government adopts incentive
policies for research and application of advanced science and technology,
application of information technology to construction investment activities;
investment activities and construction works certified to economically and
efficiently use energy and natural resources, and meet environmental protection
requirements; development of eco-cities and smart cities, response to climate
change and sustainable development.”.
7. Some Points and
Clauses of Article 34 are amended as follows:
a) Point c is added following Point
b Clause 2 as follows:
“c) Sub-zone planning for construction
of function zones.”;
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“3. District-level People’s
Committees shall approve the 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.”.
8. Article 49 is
amended as follows:
“Article 49. Classification of
construction investment projects
1. Construction investment projects
shall be classified by the size, importance, functions and characteristics of
construction works, management purposes, funding sources and investment forms.
2. Based on their sizes and
importance, construction investment projects are classified as national
important projects, group-A projects, group-B projects and group-C projects
according to the criteria prescribed by the Law on public investment.
3. Based on functions and
characteristics of the construction works, and management purposes,
construction investment projects are classified as follows:
a) Investment projects on
construction of civil works;
b) Investment projects on
construction of industrial works;
c) Investment projects on
construction of infrastructure works;
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dd) Investment projects on
construction of agricultural and rural development works;
e) Investment projects on
construction of national defense and security works;
g) Housing and urban area
construction investment projects, and other construction investment projects
that have mixed functions.
4. Based on funding sources and
investment forms, construction investment projects are classified as follows:
a) Projects using public investment
funds;
b) Projects using non-public
investment state funds;
c) PPP projects;
d) Projects using other funds.
5. A construction investment
project may use one or more funding sources, and comprise a single or multiple
works of different types and grades.
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9. Clause 2
Article 50 is amended as follows:
“2. The division of a construction
investment project into component projects and investment phasing shall comply
with the following provisions:
a) A construction investment
project may be divided into component projects if each of the component
projects can operate independently. Such component projects shall be managed as
independent projects. The division of a project using public investment funds
into component projects shall comply with provisions of the Law on public
investment. The division of other projects into component projects shall be
decided by the investment decision makers before the formulation of projects or
when issuing investment decisions, and must ensure the fulfillment of
requirements specified in the decisions on or approvals for investment policies
or the compliance with relevant laws (if any), unless otherwise prescribed by
law;
b) The investment phasing is
specified in construction investment feasibility study reports and construction
investment decisions, and must be conformable with the progress and time for
project implementation specified in decisions on or approvals for investment
policies.”.
10. Article 52 is
amended as follows:
“Article 52. Formulation of
construction investment projects
1. Upon construction investment,
project owners or agencies or organizations assigned to take charge of project
preparation 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 to the
requirements of each type of projects. The formulation of construction
investment feasibility study reports must comply with the regulations laid down
herein and relevant laws.
2. Before making construction
investment feasibility study reports, construction investment pre-feasibility
study reports shall be formulated according to the following provisions:
a) For national important projects
and group-A projects using public investment funds, PPP projects as prescribed
in the Law on investment in the public-private partnership form, and projects
of which investment policies are approved by the National Assembly or the Prime
Minister as prescribed by the Law on investment, the formulation of
construction investment pre-feasibility study reports is compulsory;
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c) Procedures for formulation and
appraisal of construction investment pre-feasibility study reports shall comply
with the provisions of the Law on public investment, the Law on investment in
the public-private partnership form and relevant laws;
d) Contents of construction
investment pre-feasibility study reports must comply with the provisions in
Article 53 hereof, except those of PPP projects.
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 detached
houses of households or individuals, neither construction investment
pre-feasibility study report nor construction investment economic-technical
report is required.”.
11. Clause 7 is
added following Clause 6 Article 53 as follows:
“7. The preliminary assessment of
environmental impacts as prescribed in the Law on environmental protection and
other contents as prescribed in relevant laws.”.
12. Point d1 is
added following Point d Clause 2 Article 54 as follows:
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13. Article 56 is
amended as follows:
“Article 56. Appraisal of
construction investment feasibility study reports and construction investment
economic-technical reports
1. For national important projects
using public investment funds, the appraisal shall comply with provisions of
the Law on public investment.
2. For PPP projects, the appraisal
shall comply with provisions of the Law on investment in the public-private
partnership form. The appraisal by specialized construction agencies shall
comply with the provisions in Article 58 hereof.
3. For projects other than those
prescribed in Clause 1 and Clause 2 of this Article, the appraisal shall be
carried out as follows:
a) The investment decision makers
shall organize the appraisal of construction investment feasibility study
reports and construction investment economic-technical reports, and assign
their affiliated specialized agencies or organizations or individuals that have
qualifications suitable for the characteristics and contents of the project in
case their specialized agencies are not available (hereinafter referred to as
“appraising agencies”) to appraise the contents prescribed in Article 57
hereof;
b) For projects prescribed in
Clause 1 Article 58 hereof, specialized construction agencies shall carry out
the appraisal of the contents prescribed in Clause 2 and Clause 3 Article 58
hereof, except for the projects for which only construction investment
economic-technical reports are required;
c) For projects with requirements
on fire and explosion prevention and fighting, environmental protection, and
national defense and security, projects using technologies restricted from
transfer or using technologies and posing negative impacts on the environment,
opinions, appraisal or approval of competent authorities are required in
accordance with relevant laws;
d) For projects subject to the
provisions in Point b and Point c of this Clause, project owners are entitled
to send required documents to specialized construction agencies and competent
authorities at the same time. Appraisal results or opinions about the
fulfillment of requirements on fire and explosion prevention and fighting, and
environmental protection prescribed in Point c of this Clause shall be sent to
specialized construction agencies as the basis for appraisal conclusions.
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dd) Appraising agencies and
specialized construction agencies are allowed to invite experienced and
qualified organizations and/or individuals to join the appraisal process or
request project owners to select qualified organizations and/or individuals to
verify necessary contents as the basis for appraisal conclusions. Selection of
qualified organizations and/or individuals to carry out the verification
serving the appraisal by specialized construction agencies shall comply with
the Government’s regulations. Costs of appraisal of projects and construction designs,
and verification costs shall be accounted into total investment of the relevant
project;
e) Appraising agencies shall
prepare consolidated reports on the results of the tasks in Points a, b, c, d
and dd of this Clause, and submit them to competent investment decision makers
to give approval for projects or issue construction investment decisions.
4. A dossier submitted for
appraisal as prescribed in Clause 3 of this Article includes:
a) The project owner’s statement;
b) The construction investment feasibility
study report or construction investment economic-technical report;
c) Relevant documents.
5. The Minister of National Defense
and Minister of Public Security shall elaborate the power and procedures for
appraisal of construction investment feasibility study reports and construction
investment economic-technical reports of construction investment projects
serving national defense and security purposes in conformity with particular
management requirements.”.
14. Article 57 is
amended as follows:
“Article 57. Appraisal of
construction investment feasibility study reports and construction investment
economic-technical reports by investment decision makers
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a) The conformity with planning,
objectives and scale of investment and other requirements specified in
decisions on or approvals for construction investment policies;
b) The conformity of fundamental
design solutions with design tasks; list of applicable standards;
c) Solutions for organizing project
implementation, project owner’s experience and managerial capacity, plan on
construction ground clearance, and form of project implementation;
d) Factors ensuring the project
efficiency, including total investment, funding sources, capability to raise
capital according to schedule, risk analysis, financial efficiency and
socio-economic efficiency of the project;
dd) The conformity of technological
plan (if any);
e) Other contents as prescribed by
relevant laws and requested by the investment decision maker.
2. For projects using non-public
investment state funds other than those prescribed in Point c Clause 1 Article
58 hereof, investment decision makers shall carry out the appraisal of the
contents prescribed in Clause 1 of this Article and Clause 2 Article 58 hereof.
3. For projects using public
investment funds and projects using non-public investment state funds for which
only construction investment economic-technical reports are required,
investment decision makers shall carry out the appraisal of the following
contents:
a) The conformity with planning,
objectives and scale of investment and other requirements specified in
decisions on or approvals for construction investment policies;
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c) Formulation of total investment
and determination of value of total investment;
d) Solutions for organizing project
implementation, plan on construction ground clearance, and form of project
implementation;
dd) The conformity of technological
plan (if any);
e) Other contents as prescribed by
relevant laws and requested by the investment decision maker.
4. For projects using other funds,
investment decision makers shall decide the contents to be appraised in
conformity with investment and business requirements and relevant laws.
5. For projects using technologies
restricted from transfer or using technologies and posing negative impacts on
the environment as prescribed in the Law on technology transfer, technologies
to be applied must be appraised or commented by agencies in charge of managing
sectors/fields in accordance with the Government’s regulations. Contents and
time limits for appraising or commenting on technologies to be applied shall
comply with provisions of the Law on technology transfer. Appraisal results or
opinions given by agencies in charge of managing sectors/fields shall be sent
to appraising agencies of investment decision makers for consolidation.”.
15. Article 58 is
amended as follows:
“Article 58. Appraisal of
construction investment feasibility study reports by specialized construction
agencies
1. Specialized construction
agencies shall carry out the appraisal of construction investment feasibility
study reports of the following projects:
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b) PPP projects;
c) Construction investment projects
that are classified in group B or larger, or have construction works
significantly affecting the community safety and interests, and use non-public
investment state funds;
d) Construction investment projects
that are of large scale, or have construction works significantly affecting the
community safety and interests, and use other funds.
2. For construction investment
projects prescribed in Points a, b and c Clause 1 of this Article, specialized
construction agencies shall carry out the appraisal of the following contents:
a) The compliance with law
regulations on formulation of construction investment project and fundamental
design; the fulfillment of construction operation capability conditions by
organizations and individuals performing construction activities;
b) The conformity of the
fundamental design with construction planning and other detailed planning as
prescribed by the Law on planning or the plan on the line of works and the
construction location approved by competent authorities;
c) The conformity of the project
with the investment policy decided or approved by competent authorities,
implementation program or plan, and other project requirements as prescribed by
relevant laws (if any);
d) For urban area construction
investment projects, the regional infrastructure connectivity; the fulfillment
of technical infrastructure requirements and assignment of responsibility to
manage the works in accordance with relevant laws;
dd) The conformity of fundamental
design solutions to ensuring construction safety; the fulfillment of
requirements on fire and explosion prevention and fighting, and environmental
protection;
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g) The compliance with laws on
determination on total investment.
3. For construction investment
projects prescribed in Point d Clause 1 of this Article, specialized
construction agencies shall carry out the appraisal of the contents prescribed
in Points a, b, c, d, dd and e Clause 2 of this Article.
4. The Government shall elaborate
large-scale construction investment projects and those having construction
works significantly affecting the community safety and interests.”.
16. Article 59 is
amended as follows:
“Article 59. Time limits for
appraisal of construction investment feasibility study reports
1. The time limit for appraisal of
a construction investment feasibility study report shall be counted from the date
the appraisal agency or organization receives a complete and valid dossier.
2. Time limits for appraising
construction investment feasibility study reports of projects using public
investment funds are as follows:
a) For national important projects,
the appraisal time limit shall comply with provisions of the Law on public
investment;
b) For group-A projects, the
appraisal time limit shall not exceed 40 days, including a period for appraisal
by a specialized construction agency of not exceeding 35 days;
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d) For group-C projects, the
appraisal time limit shall not exceed 20 days, including a period for appraisal
by a specialized construction agency of not exceeding 15 days.
3. For projects other than those
prescribed in Clause 2 of this Article, time limits for appraising construction
investment feasibility study reports shall be considered and decided by
investment decision makers. Where projects must be appraised by specialized
construction agencies, periods of appraisal by specialized construction
agencies shall comply with the provisions in Clause 2 of this Article; for
national important projects that do not use public investment funds, the period
of appraisal by a specialized construction agency shall not exceed 80 days.”.
17. Article 60 is
amended as follows:
“Article 60. Power to make
construction investment decision
1. For projects using public
investment funds, the power to make construction investment decisions shall
comply with provisions of the Law on public investment.
2. For state-invested construction
investment projects of enterprises, the power to make construction investment
decisions shall comply with provisions of the Law on management and use of
state capital invested in production and business activities of enterprises,
and relevant laws.
3. For PPP projects, the power to
make construction investment decisions shall comply with provisions of the Law
on investment in the public-private partnership form.
4. For projects using non-public
investment state funds, except projects prescribed in Clause 2 of this Article,
and projects using other funds, project owners or their representatives shall
make construction investment decisions or construction investment decisions
shall be made in accordance with relevant laws.”.
18. Point dd is
added following Point d Clause 1 Article 61 as follows:
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19. Article 62 is
amended as follows:
“Article 62. Organizational
forms of construction investment project management
1. Based on scale, characteristics,
funding sources and conditions for implementation of construction investment
projects, investment decision makers shall decide to apply one of the following
organizational forms of project management:
a) Specialized construction
investment project management board or regional construction investment project
management board;
b) Single-project construction
investment project management board;
c) Affiliated professional
apparatuses of project owners;
d) Project management consultants.
2. Specialized construction
investment project management board or regional construction investment project
management board is assigned by the investment decision maker to concurrently
or continuously manage a number of projects using public investment funds of
the same sector or the same region.
3. Project management boards and
project management consultants must fully satisfy capacity requirements as
prescribed in Article 152 hereof.
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20. Clause 1
Article 64 is amended as follows:
“1. Project owners shall establish
single-project construction investment project management boards to directly
manage their projects.”.
21. Article 71 is
amended as follows:
“Article 71. Rights and
responsibilities of agencies and organizations appraising or verifying construction
investment feasibility study reports and construction investment
economic-technical reports
1. Appraising agencies have the
following rights:
a) Request project owners,
organizations and individuals formulating or verifying construction investment
feasibility study reports or construction investment economic-technical reports
to provide, clarify or explain information for project appraisal;
b) Request project owners to hire
consultancy organizations to carry out verification or invite qualified and
experienced organizations and individuals to participate in the project
appraisal when necessary;
c) Reserve appraisal results and
reject requests to falsify appraisal results or requests beyond their capacity
or the scope of appraisal as prescribed.
2. Appraising agencies have the
following responsibilities:
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b) Take responsibility before law
and investment decision makers for their own appraisal results.
3. Specialized construction
agencies have the following rights:
a) Request project owners,
organizations and individuals formulating or verifying construction investment
feasibility study reports or fundamental designs to provide, clarify or explain
information for project appraisal;
b) Request planning or
architecture-managing agency of province or city where the project is located
to provide relevant planning information when necessary;
c) Request project owners to hire
consultancy organizations to carry out verification or invite qualified and
experienced organizations and individuals to participate in the project
appraisal when necessary;
d) Reserve appraisal results and
reject requests to falsify appraisal results.
4. Specialized construction
agencies have the following responsibilities:
a) Verify construction investment
feasibility study reports in accordance with regulations laid down herein;
b) Send written notices of
appraisal opinions and results to project owners and relevant agencies;
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5. Verifying organizations have the
following rights:
a) Request project owners,
organizations and individuals formulating construction investment feasibility
study reports, construction investment economic-technical reports and
fundamental designs to provide, clarify or explain information for project
appraisal;
b) Reserve verification results and
reject requests to falsify verification results or requests beyond their
capacity or the scope of verification.
6. Verifying organizations have the
following responsibilities:
a) Verify construction investment
feasibility study reports and construction investment economic-technical
reports at the request of project owners and in accordance with regulations
laid down herein;
b) Explain and clarify verification
results for project appraisal;
c) Take responsibility before law
and project owners for their own verification results.”.
22. Some Points
and Clauses of Article 72 are amended as follows:
a) Point a Clause 1 is amended as
follows:
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b) Point d Clause 2 is abrogated.
23. Article 78 is
amended as follows:
“Article 78. General provisions
on construction design
1. Construction designs include:
a) Preliminary design in the
construction investment pre-feasibility study report;
b) Fundamental design in the
construction investment feasibility study report or construction drawing design
in the construction investment economic-technical report;
c) Designs created after the
fundamental design, including Front - End Engineering Design (hereinafter
referred to as “FEED design”), technical; design, construction drawing design
and other designs (if any) according to international practices.
2. Construction design may involve
one or more steps as follows:
a) One-step design being the
construction drawing design;
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c) Three-step design consisting of
fundamental design, technical design and construction drawing design;
d) Multiple-step design as
prescribed by international practices.
3. The number of construction
design steps shall be decided by investment decision makers when approving
projects or making construction investment decisions.
4. A construction design dossier
following the fundamental design must comprise design explanations, design
drawings, related construction survey documents, construction cost estimate and
technical instructions (if any) as requested by the project owner.
5. A construction drawing design
shall be created by either design consultancy organization or construction
contractor for the entire construction works or for each work item or
construction stage at the project owner’s request.
6. The Government shall elaborate
construction design steps, and appraisal, approval and adjustment of
construction designs.”.
24. Article 82 is
amended as follows:
“Article 82. Appraisal and approval
of construction designs following fundamental design
1. Project owners shall organize
the appraisal of construction design steps following the fundamental design
prescribed in Clause 2 of this Article as the basis for approval, unless
otherwise specified in construction investment decisions issued by investment
decision makers. For other design steps, project owners shall decide the design
control under contracts signed between project owners and contractors and in
accordance with relevant laws.
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a) FEED design in case of
Engineering - Procurement - Construction contract (hereinafter referred to as
“EPC contract”);
b) Technical design in case of
three-step design;
c) Construction drawing design in
case of two-step design;
d) Other design steps following the
fundamental design in case of multiple-step design as prescribed by
international practices.
3. Construction designs of
construction works prescribed in Clause 1 Article 83a hereof must be also
appraised by specialized construction agencies in terms of the contents
prescribed in Clause 2 Article 83a hereof. Appraising agencies may invite
qualified and experienced organizations and/or individuals to participate in
construction design appraisal.
4. Construction works with
requirements on fire and explosion prevention and fighting, environmental
protection, and national defense and security must be also commented or
appraised and approved by competent authorities in accordance with relevant
laws.
5. For construction works
prescribed in Clause 3 and Clause 4 of this Article, project owners are
entitled to send required documents to specialized construction agencies and
competent authorities at the same time. Appraisal results or opinions about the
fulfillment of requirements on fire and explosion prevention and fighting, and
environmental protection prescribed in Clause 4 of this Article shall be sent
to specialized construction agencies as the basis for appraisal conclusions.
6. Contents concerning the safety
of construction works, and compliance with standards and technical regulations
of construction designs of construction works significantly affecting the
community safety and interests must be verified by organizations or individuals
fully capable of performing construction activities as the basis for appraisal.
7. Project owners shall consolidate
documents provided by specialized construction agencies and relevant agencies
and organizations, respond to requests (if any), and approve construction
designs as prescribed in Clause 8 of this Article.
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9. The Minister of National Defense
and Minister of Public Security shall elaborate the power and procedures for
appraisal and approval of construction designs of construction works serving
national defense and security purposes in conformity with particular management
requirements.”.
25. Article 83 is
amended as follows:
“Article 83. Appraisal of
construction designs following fundamental design by project owners
1. For construction works using
public investment funds and construction works using non-public investment
state funds, project owners shall appraise the following contents:
a) The compliance of the
construction design with design tasks, the provisions in the design contract
and relevant laws;
b) The conformity of the
construction design with technological line and equipment requirements (if
any);
c) The formulation of construction
cost estimates; the compatibility of estimated values of works with total investment;
determination of estimated values of works.
2. For construction works of PPP
projects, construction deigns shall be appraised according to the contents
prescribed in Clause 1 of this Article and those specified in PPP project
contracts.
3. For construction works
prescribed in Clause 6 Article 82 hereof and other than those prescribed in
Clause 1 Article 83a hereof, project owners shall organize appraisal and
approval of construction designs according to the contents prescribed in Clause
1 of this Article and Clause 2 Article 83a hereof.
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26. Article 83a
is added following Article 83 as follows:
“Article 83a. Appraisal of
construction designs following fundamental design by specialized construction
agencies
1. Specialized construction
agencies shall appraise construction design steps prescribed in Clause 2
Article 82 hereof of the following construction works:
a) Construction works using public
investment funds;
b) Construction works that use
non-public investment state funds and are classified in group B or larger or
significantly affect the community safety and interests;
c) Construction works of PPP
projects;
d) Construction works significantly
affecting the community safety and interests and using other funds in areas
without urban construction planning, function zone construction planning or
detailed construction planning on rural residential points.
2. For construction works
prescribed in Point a and Point b Clause 1 of this Article and construction
works of component PPP projects using public investment funds, specialized
construction agencies shall appraise construction designs according to the
following contents:
a) The compliance with law
regulations on formulation and verification of the construction design; the
fulfillment of construction operation capability conditions by organizations
and individuals performing construction surveys, design and verification of
construction designs;
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c) The results of verification
given by consultancy organizations of the fulfillment of requirements on safety
of the construction works and compliance with standards and technical
regulations in case where the construction design must be verified as prescribed
in Clause 6 Article 82 hereof;
d) The compliance with law
regulations on estimation of construction costs;
dd) The fulfillment of requirements
on fire and explosion prevention and fighting, and environmental protection;
e) The fulfillment of other requirements
as prescribed by relevant laws.
3. For construction works
prescribed in Point d Clause 1 of this Article and constructions works of PPP
projects other than those prescribed in Clause 2 of this Article, specialized
construction agencies shall appraise the contents prescribed in Points a, b, c,
dd and e Clause 2 of this Article.”.
27. Article 85 is
amended as follows:
“Article 85. Rights and
obligations of project owners in construction designing
1. Project owners have the
following rights:
a) Conduct construction design and
verification thereof by themselves if they have fully satisfied the
construction operation and practice capability conditions suitable to types and
grades of construction works;
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c) Negotiate and sign construction
design contracts and construction design verification contracts; supervise the
performance of signed contracts and request design contractors to properly
perform these contracts; suspend or terminate construction design contracts in
accordance with the contracts and relevant laws;
d) Exercise other rights stated in
the contracts and prescribed by relevant laws.
2. Project owners have the
following obligations:
a) Select contractors that have
fully satisfied the construction operation and practice capability conditions
suitable to types and grades of construction works to make and/or verify
construction designs;
b) Identify construction design
tasks;
c) Provide
adequate information and documents to contractors in charge of
construction design and verification there;
d) Properly perform the signed
contracts; pay compensations for damage caused by breach of the signed
construction design contracts;
dd) Appraise and approve
construction designs in accordance with regulations laid down herein;
e) Take responsibility before law
and investment decision makers for their own task performance results;
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h) Discharge other obligations as
stated in the contracts and prescribed by relevant laws.”.
28. Article 87 is
amended as follows:
“Article 87. Rights and
responsibilities of specialized construction agencies in appraisal of
construction designs
1. Specialized construction
agencies have the following rights:
a) Request project owners,
organizations and individuals formulating and verifying construction designs to
provide, clarify or explain information necessary for construction design
appraisal as prescribed;
b) Request project owners to select
consultancy organizations to carry out verification or invite qualified and
experienced organizations and individuals to participate in the construction
design appraisal when necessary;
c) Reserve appraisal results and
reject requests to falsify appraisal results or requests beyond their capacity
or the scope of appraisal as prescribed.
2. Specialized construction
agencies have the following responsibilities:
a) Appraise construction designs in
accordance with regulations laid down herein;
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c) Take responsibility before law
for their own task performance results.”.
29. Article 87a
is added following Article 87 as follows:
“Article 87a. Rights and
obligations of organizations verifying construction designs
1. Verifying organizations have the
following rights:
a) Request project owners,
organizations and individuals formulating construction designs to provide,
clarify or explain information for verification purposes;
b) Reserve verification results and
reject requests to falsify verification results or requests beyond their
capacity or the scope of verification.
2. Verifying organizations have the
following obligations:
a) Verify construction designs
within the scope requested by project owners;
b) Provide explanations or
clarification of verification results as the basis for appraisal by project
owners and specialized construction agencies;
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30. Article 89 is
amended as follows:
“Article 89. General provisions
on grant of construction permits
1. Construction works required to
have construction permits granted by competent state agencies to project owners
in accordance with regulations laid down herein, except the cases prescribed in
Clause 2 of this Article.
2. Cases in which construction
permit is exempted:
a) Works involving state secrets;
works constructed under emergency orders;
b) Works of projects using public
investment funds in which the construction investment is decided by the Prime
Minister, heads of central-level agencies of political organizations, People’s
Supreme Procuracy, People’s Supreme Court, State Audit Office of Vietnam,
Office of the President, the Office of the National Assembly, ministers, heads
of ministerial-level agencies, Governmental agencies, central-level agencies of
Vietnamese Fatherland Front and of socio-political organizations or
chairpersons of People’s Committees at different levels;
c) Makeshift construction
works as prescribed in Article 131 hereof;
d) Works undergoing repair or
renovation of their interior parts or works undergoing repair or renovation of
their external architecture not facing roads in urban centers subject to
architectural management requirements of competent state agencies; such repair
or renovation does not alter the functions and force-bearing structures of the
works, and must be conformable with construction planning approved by competent
state agencies and requirements on fire and explosion prevention and fighting,
and environmental protection;
dd) Advertisement works not subject
to construction permits as prescribed by the Law on advertisement; passive
telecom infrastructure works as prescribed by the Government;
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g) Construction works of which
results of appraisal of the construction design following the fundamental
design have been notified by specialized construction agencies to meet
conditions for approval and which meet requirements for construction permit
prescribed by this Law;
h) Detached houses with under 07
stories of urban area construction investment projects or housing construction
investment projects under detailed planning of 1:500 scale approved by
competent state agencies;
i) Grade-IV construction works or
detached houses with under 07 stories in rural areas without urban planning,
function zone construction planning or detailed construction planning on rural
residential points approved by competent state agencies; Grade-IV construction
works or detached houses in mountainous areas or islands without urban planning
or function zone construction planning, except detached houses built in
conservation zones or historical and cultural relic zones;
k) Project owners of construction
works prescribed in Points b, e, g, h and i of this Clause, except detached
houses prescribed in Point i of this Clause, shall send written notices of the
time of construction commencement and construction design dossiers to local
construction management agencies.
3. Construction permits include:
a) New construction permit;
b) Repair and renovation permit;
c) Relocation permit;
d) Definite-term construction
permit.
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5. For a construction investment
project consisting of multiple works, construction permits may be granted for
one, several or all of these works when they need to be implemented
concurrently provided conditions and time limit for granting construction
permit and project synchronism must be ensured.”.
31. Clause 2
Article 91 is amended as follows:
“2. The construction work is
conformable with land use purposes as prescribed by the Law on land.”.
32. Point a Clause 1 Article 93 is
amended as follows:
“a) The detached house is
conformable with land use purposes as prescribed by the Law on land and
architectural management regulations adopted by competent state agencies;”.
33. Article 94 is amended as
follows:
“Article 94. Conditions for
granting definite-term construction permits
1. General conditions for granting
definite-term construction permits:
a) The construction works are
located in areas with construction zone planning, sub-zone planning for
construction of function zones or detailed planning or detailed planning for
construction of function zones approved and announced by competent state
agencies but not yet implemented, for which there are no land appropriation
decisions of competent state agencies;
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c) The construction work is
conformable with land use purposes defined in lawful documents on land of the
applicant for definite-term construction permit;
d) Upon expiry of the existence
duration stated in the definite-term construction permit and issuance of land
appropriation decision by a competent state agency, the project owner shall
undertake to demolish the works; if the project owner fails to demolish the works,
the demolition shall be coerced and the project owner shall bear all demolition
costs. After this period, if the construction planning is still not yet
implemented, the project owner is allowed to use the construction work until a
land appropriation decision is issued by competent state agency. The demolition
shall be assisted in accordance with provisions of the Law on land.
2. Works to be granted
definite-term construction permits must meet the conditions prescribed in
Clause 1 of this Article and the conditions prescribed in Clauses 3, 4 and 5
Article 91 of this Law.
3. Detached houses to be granted
definite-term construction permits must meet the conditions prescribed in
Clause 1 of this Article and the conditions prescribed in Points b, c and d
Clause 1 Article 93 of this Law.
4. For construction works and
detached houses granted definite-term construction permits, if, upon expiry of
the existence duration stated in the definite-term construction permit, the
implementation plan is extended under the adjusted construction planning, the
agency that has granted the construction permit shall make notification of
extension of existence duration of the works. If the project owner wants to
build a new construction, repair or renovation works, the definite-term
construction permit to be issued shall have the term in line with the duration
stated in the adjusted construction planning.
5. For construction works and
detached houses which are subject to the provision in Point a Clause 1 of this
Article and for which district-level annual land use plans have been issued, no
new definite-term construction permits but only definite-term construction
permits for repair or renovation shall be granted.
After 03 years from the date of
announcement of a district-level annual land use plan, if a competent state
agency issues no land appropriation decision or gives no approval for change of
land use purposes according to the published district-level annual land use
plan but fails to adjust or abrogate the district-level annual land use plan,
or fails to publish the adjustment or abrogation of the district-level annual
land use plan, land users may apply for definite-term construction permits
according to the provisions in Clause 2 and Clause 3 of this Article.".
34. Some Points and
Clauses of Article 95 are amended as follows:
a) Point dd Clause 2 is amended as
follows:
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b) Point b Clause 4 is amended as
follows:
“b) The written opinions about the
necessity of construction and the size of the construction work, given by a
specialized religion agency affiliated to the provincial-level People's
Committee.”;
c) Clause 6 is amended as follows:
“6. Dossiers of application for
construction permits for advertisement works shall comply with the provisions
of the Law on advertisement.”.
35. Clause 4
Article 96 is amended as follows:
“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.”.
36. Some Points
and Clauses of Article 102 are amended as follows:
a) Point d Clause 1 is amended as
follows:
“d) The agency competent to grant
construction permits shall examine 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;”;
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“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 20 days in the case of grant of
construction permits, including also definite-term construction permits,
adjusted construction permits and relocation permits, and within 15 days, for
detached 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. The time limit for grant of construction permits for
advertisement works shall comply with the provisions of the Law on
advertisement.”;
c) Clause 5 is amended as follows:
“5. The Government shall elaborate
the grant of construction permits.”.
37. Clause 1
Article 103 is abrogated, Clause 2 and Clause 3 Article 103 are amended as
follows:
“2. Provincial-level People’s
Committees grant construction permits for construction works requiring
construction permits in their provinces, except those prescribed in Clause 3 of
this Article. Provincial-level People’s Committees may decentralize powers to
provincial-level Construction Departments, and management boards of industrial
parks, export processing zones, hi-tech parks and economic zones and
district-level People’s Committees to grant construction permits under the
scope of management and functions of these agencies.
3. District-level People’s
Committees grant construction permits for grade-III and grade-IV works and
detached houses in the territories under their management.”.
38. Point c
Clause 2 Article 106 is amended as follows:
“c) Notify the construction
starting dates as prescribed in Point e Clause 1 Article 107 of this Law;”.
39. Clause 1
Article 107 is amended as follows:
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a) The construction grounds are
available for entire or partial handover according to the construction
schedule;
b) The construction permit has been
granted for the work subject to the provisions of Article 89 of this Law;
c) The construction drawing design
of the work item or the work to be constructed has been approved;
d) The project owner has signed a
construction contract with the contractor performing construction activities
related to the constructed work as prescribed by law;
dd) Measures have been developed to
ensure safety and environmental protection in the course of construction;
e) The project owner has sent the
written notification of the construction starting date to the local
construction management agency at least 03 working days before the commencement
of construction.".
40. Article 110
is amended as follows:
“Article 110. Building materials
1. Development, production and use
of building materials must ensure the safety, efficiency, environmental
friendliness and reasonable use of natural resources.
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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 materials, domestically manufactured and processed building materials and
construction products, and products with high domestic contents.
5. The Government shall elaborate
this Article.”.
41. Point b
Clause 1 Article 112 is amended as follows:
“b) Negotiate and sign construction
contracts; supervise and request construction contractors to strictly perform
the signed contracts; consider and approve construction measures and measures
to ensure safety and environmental sanitation submitted by contractors;”.
42. Point b
Clause 2 Article 113 is amended as follows:
“b) Make and submit to project
owners for approval of construction measures specifying measures to ensure
safety and environmental sanitation;”.
43. Article 115
is amended as follows:
“Article 115. Safety in
construction
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2. Project owners shall organize
the supervision of construction contractors’ compliance with safety
regulations; suspend or terminate construction when detecting signs of
violation of safety regulations, incidents causing unsafety to works; cooperate
with contractors in handling any incidents or occupational accidents; promptly
notify fatal incident or occupational accidents to competent state agencies.
3. Construction contractors shall
determine danger zones in construction; organize development and submission of
measures to ensure safety for people, construction works, assets, equipment and
vehicles in danger zones in construction to project owners; review measures to
ensure safety in a periodical or ad hoc manner and adjust them to suit
construction reality at construction sites.
4. If any danger zones in
construction cause significant effects on the community safety, project owners
shall report approved measures to ensure safety to specialized construction
agencies for inspection in the course of construction.
5. Construction machinery,
equipment and supplies subject to strict occupational safety requirements shall
be inspected before they are used.
6. The Government shall elaborate
this Article.”.
44. Article 118
is amended as follows:
“Article 118. Demolition of
construction works
1. Construction works shall be
demolished in the following cases:
a) The demolition is carried out
for clearance of sites for construction of new or makeshift works;
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c) Works are constructed in
no-construction zones prescribed in Clause 3 Article 12 hereof;
d) Works are constructed against
construction planning or without construction permits as required, or works are
constructed against the issued construction permits;
dd) Works are constructed on public
land, or land under lawful use rights of other organizations or individuals; or
works are exempted from construction permits but constructed against the
approved construction designs;
e) Detached houses are demolished
for building new ones.
2. The demolition of construction
works must ensure safety and environmental protection and be carried out
according to the following procedures:
a) Develop a demolition plan or
solutions. If the work is subject to a demolition decision or coerced
demolition, such demolition decision or coerced demolition decision is required
when carrying out the demolition;
b) Verify and approve the
demolition plan or solutions in case of demolition of the construction work
significantly affecting the community safety and interests;
c) Organize the demolition of the
construction work;
d) Organize supervision and
acceptance test of the demolition results.
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a) Project owners, owners, manager
or users of the works or persons that are assigned to take charge of the
demolition shall organize the demolition according to the procedures set out in
Clause 2 of this Article; themselves carry out the demolition if fully meeting
capacity requirements, or hire experienced and qualified consultancy
organizations to develop and verify demolition plan or solutions, and carry out
the demolition; take responsibility before law and pay compensation for damage
caused due to their faults;
b) Contractors assigned to carry
out the demolition shall work out demolition measures in conformity with the
approved demolition plan or solutions; carry out the demolition according to
the demolition measures and demolition decision or coerced demolition decision
(if any); carry out control and monitoring of works; ensure safety for people,
assets, demolished works and adjacent works; take responsibility before law and
pay compensation for damage caused due to their faults;
c) Persons competent to decide the
demolition of construction works shall take responsibility before law for
consequences of their failure to issue decisions, or issuance of untimely
decisions or illegal decisions;
d) Owners or users of works subject
to the demolition shall be required to comply with demolition decisions issued
by competent state agencies; those failing to comply with such decisions shall
be subject to coerced demolition of their works and incur all demolition costs.
4. The Government shall elaborate
the demolition of construction works and emergency demolition of construction
works.”.
45. Clause 4 and
Clause 5 Article 123 are amended as follows:
“4. For national important works,
large-sized works with complicated technical requirements, works significantly
affecting the community safety ad interests, and works using public investment
funds, pre-acceptance tests during the process of construction and of completed
works shall be examined. The responsibility for examination of pre-acceptance
tests is prescribed as follows:
a) The council established by the
Prime Minister shall examine pre-acceptance tests of construction works of
national important projects and large-sized works with complicated technical
requirements;
b) Specialized construction
agencies shall examine pre-acceptance tests performed by project owners with
regard to construction works other than those mentioned at Point a of this
Clause.
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46. Some Points
and Clauses of Article 124 are amended as follows:
a) Point c is added following Point
b Clause 1 as follows:
“c) For urban area construction
investment projects, all or some works of the project may be handed over for
putting into use provided that the construction investment must be completed
before the handover to ensure the synchronization of technical and social
infrastructure systems according to the investment phasing and approved
construction designs, and their connection to the regional technical
infrastructure and conformity with the approved project contents and
planning.”;
b) Clause 5 is added following
Clause 4 as follows:
“5. For urban area construction
investment projects, apart from the provisions in Clauses 1, 2, 3 and 4 of this
Article, project owners shall hand over technical and social infrastructure
works, and other works as prescribed by the Government.”.
47. Some Clauses
of Article 126 are amended as follows:
a) Clause 1 is amended as follows:
“1. Maintenance of construction
works must meet the following requirements:
a) Once put into use, construction
works and their items shall be maintained;
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c) The maintenance of works must
ensure safety for people, assets and works.”;
d) Clause 4 is amended and Clause 5
is added following Clause 4 as follows:
“4. The safety of large-sized works
with complicated technical requirements and works significantly affecting the
community safety and interests must be periodically assessed in the course of
operation and use.
5. The Government shall elaborate
the maintenance and periodical assessment of safety of construction works in
the course of use and responsibility to announce expired construction works.”.
48. Article 130 is
amended as follows:
“Article 130. Construction of
urgent works
1. Urgent works include:
a) New construction, repair or
renovation works which are constructed to promptly meet the requirements of
prevention, control and recovery from disaster, enemy sabotage, epidemic or
other urgent duties to ensure national defense and security, and external
affairs according to decisions issued by competent agencies;
b) New construction, repair or
renovation works which are constructed to promptly perform urgent tasks for
ensuring energy security, water sources, response to environmental emergencies,
or developing technical infrastructure systems under the Prime Minister’s
decisions.
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3. The Prime Minister shall decide
specific mechanisms for each of the construction works prescribed in Point b
Clause 1 of this Article, including survey and construction designs, forms of
selection of contractors and other mechanisms within his/her competence to
hasten the construction investment progress. Persons that are assigned to
manage or take charge the construction of works shall organize the implementation
of specific mechanisms decide by the Prime Minister and other works relating to
the construction investment process as prescribed by relevant laws.
4. Upon completion of construction
of urgent works, persons assigned to take charge of the construction of such
urgent works shall:
a) Inspect and re-assess the
quality of the constructed works and carry out maintenance tasks;
b) Complete and archive completion
dossiers of construction works and relevant documents as prescribed by the Law
on construction;
c) Carry out settlement for works
in accordance with regulations of law.
5. Persons that are assigned to
manage and use the works shall work out plans for management and use of
construction works or demolition of construction works for returning construction
grounds in case such urgent works have been constructed against the
construction planning prescribed in this Law.”.
49. Article 131
is amended as follows:
“Article 131. Construction of
makeshift works
1. Makeshift works are those
constructed to serve, for definite terms, the following purposes:
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b) The organization of events or
other activities within the periods prescribed in Clause 2 of this Article.
2. The works prescribed in Point b
Clause 1 of this Article must be given approval by provincial- or
district-level People’s Committees of their location, size and existence
duration.
3. Project owners and construction
contractors shall themselves organize the appraisal and approval of
construction designs and cost estimates, and the construction of makeshift
works. Construction designs of the works significantly affecting the community
safety and interests must be verified in terms of conditions to ensure safety,
and sent to local specialized construction agencies for monitoring and
inspection as prescribed.
4. Makeshift works must be
demolished when the main works of construction investment projects are put into
operation and use or upon expiry of their existence duration. Project owners
are allowed to request provincial- or district-level People’s Committees to
give approval for extended operation and use of the makeshift works prescribed
in Point a Clause 1 of this Article if they are conformable with the planning,
meet requirements on force-bearing safety, fire and explosion prevention and
fighting, and environmental protection, and comply with relevant laws.”.
50. Clause 2
Article 132 is amended as follows:
“2. The State shall manage
construction investment costs through promulgating, guiding and examining the
implementation of regulations of laws, and stipulating the application of
necessary tools to the management of construction investment costs.”.
51. Clause 3 and
Clause 4 Article 136 are amended, and Clause 5 and Clause 6 are added following
Clause 4 Article 136 as follows:
“3. The application or reference to
the system of construction norms prescribed in Clause 1 of this Article adopted
by ministers of specialized construction work-managing ministries or
chairperson of provincial-level people’s committees is provided for as follows:
a) For projects using public
investment funds, project owners shall determine and manage construction
investment costs according to regulations on cost management and by applying
the promulgated construction norms;
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c) For projects using other funds,
project owners shall determine and manage construction investment costs by
referring to the promulgated construction norms.
4. Construction price index is an
indicator reflecting the level of time-based fluctuation of construction prices
and serving as a basis for determining and adjusting total investment, cost
estimates and prices of construction contracts, and for managing construction
investment costs.
The Ministry of Construction shall
publicize national construction price indexes; provincial-level People’s
Committees shall publicize local construction prices of works and local
construction price indexes.
5. The Government shall
periodically review, update and adjust the system of promulgated construction norms.
6. The Minister of Construction
shall stipulate the determination of new construction norms, adjust the
construction norms which no longer suit specific requirements of works, and the
determination of construction price indexes of works located in the territories
of two or more provincial-level administrative units.”.
52. Clause 1
Article 137 is amended as follows:
“1. The payment and settlement for
construction investment projects must comply with the Law on management of
investment capital. The payment and settlement for projects using public
investment funds shall comply with regulations laid down herein and the Law on
public investment. Project owners shall take responsibility before law for the
accuracy and lawfulness of unit prices, volumes and values requested for
payment or settlement in payment or settlement dossiers.”.
53. Some Clauses
of Article 148 are amended as follows:
a) Clause 3 and Clause 4 are
amended as follows:
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4. Organizations conducting
construction activities that are required to have capability certificates as
prescribed in this Law include construction investment project management
consultancy organizations, construction survey organizations, construction
planning designing organizations, construction designing and design-verifying
organizations, construction organizations, and construction supervision
consultancy organizations. Capability certificates shall be classified into
class I, class II and class III. The specialized construction agency affiliated
to the Ministry of Construction shall grant class-I capability
certificates; provincial-level Construction Departments and
socio-professional organizations that meet eligibility requirements laid down
by the Government shall grant capability certificates of other classes.”;
b) Clause 5 is amended as follows:
“5. The Government shall elaborate
capability conditions to be satisfied by organizations and individuals
conducting construction activities; programs, contents and forms of holding
tests to grant practice certificates; grant, re-grant, conversion and
revocation of practice certificates; conditions, competence, order and
procedures for grant and revocation of operation licenses of contractors being
foreign organizations or foreigners.".
54. Some Points
and Clauses of Article 152 are amended as follows:
a) Point b Clause 1 is amended as
follows:
“b) Individuals holding the title
of construction investment project manager, individuals in charge of
professional fields in project management must have relevant qualifications,
training certificates, working experiences and practice certificates relevant
to the scale and type of projects.”;
b) Point d Clause 2 is amended as
follows:
“d) Individuals holding the title
of construction investment project manager, individuals in charge of
professional fields in project management must have relevant qualifications,
training certificates, working experiences and practice certificates relevant
to the scale and type of projects.”.
55. Clause 2
Article 154 is amended as follows:
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56. Clause 2 Article
157 is amended as follows:
“2. Site chief commanders must have
relevant qualifications and construction practice capabilities.”.
57. The first
paragraph of Article 158 is amended as follows:
“Individuals independently
practicing construction plan designing, construction survey, work construction
designing, construction investment project management consultancy, construction
supervision consultancy, formulation, verification and management of
construction investment costs must meet the following conditions:”.
58. Article 159
is amended as follows:
“Article 159. Management of
construction capabilities
1. Information on construction
capabilities of organizations and individuals granted certificates must be
published on the websites of managed by agencies competent to grant
certificates and integrated into the portal of the Ministry of Construction.
2. Agencies competent to grant
certificates shall publish information on construction capabilities of
organizations and individuals on their websites, and send it to the specialized
construction agency affiliated to the Ministry of Construction for integrating
it into the portal of the Ministry of Construction. Such information must be
published within 05 working days from the date on which a certificate is granted.
The integration of information into the portal of the Ministry of Construction
must be made within 03 working days from the receipt of information from the
agency competent to grant certificate.
3. The Ministry of Construction and
provincial-level Construction Departments shall inspect and handle violations
against regulations on capability conditions committed by project owners,
organizations and individuals conducting construction activities.”.
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“6. Manage the grant, re-grant,
modification, conversion and revocation of licenses, certificates,
certifications and settlement of other administrative procedures in
construction investment activities.”.
60. Article 161
is amended as follows:
“Article 161. Responsibilities
of the Government
1. Unify the state management of
construction investment activities nationwide; assign and decentralize the
state management to ministries, central agencies, local governments and
specialized construction work-managing ministries; direct ministries, central
agencies and local governments to implement the Law on construction; direct the
settlement of important issues, complicated problems and difficulties in the
course of management of construction investment activities.
2. Promulgate or request competent
authorities to promulgate legislative documents on construction; promulgate or
direct the construction and implementation of policies, strategies and plans
for ensuring efficient construction investment, improvement of labor productivity,
thrift use of energy and natural resources and sustainable development;
stipulate the implementation of overseas construction investment projects
invested by domestic agencies, organizations and individuals, and development
and management of the information system and national database on construction
activities.”.
61. Some Clauses
of Article 162 are amended as follows:
a) Clause 2 and Clause 3 are
amended as follows:
“2. Promulgate and organize the
implementation of legislative documents on construction within its competence;
promulgate national technical regulations on construction and documents
providing guidance on construction techniques within its competence, and
criteria for construction works with thrift and efficient use of energy and natural
resources, eco-cities and smart cities.
3. Organize and manage construction
planning, construction investment project management activities, appraisal of
projects and construction designs; stipulate the determination and management
of construction investment costs, construction contracts, construction norms
and prices.”;
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“5. Manage the grant, re-grant,
modification, conversion and revocation of licenses, certificates,
certifications and settlement of other administrative procedures in
construction investment activities within its competence.”;
c) Clause 9 is amended as follows:
“9. Guide and examine the
management of safety, labor sanitation and environment in the construction of
works; take charge of managing safety, labor sanitation and environment in the
construction of works in its management sectors.”;
d) Clause 11 is amended as follows:
“11. Develop and manage the
information system and national database on construction activities; manage and
provide information to serve construction investment activities.”.
62. Some Points
and Clauses of Article 163 are amended as follows:
a) Clause 1 is amended as follows:
“1. Within the scope of their powers,
specialized construction work-managing agencies 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 construction works and managing the safety, labor
sanitation and environment in the construction of works in their management
sectors in accordance with this Law;
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c) Monitor, examine and summarize
the supervision and assessment of the construction investment in specialized
works under their management in accordance with law;
d) Coordinate with and support
ministries, agencies, related organizations and People’s Committees of all
levels in the process of implementation of specialized construction investment
projects in issues under their management.”;
b) Point a Clause 2 is amended as
follows:
“a) Perform the state management
functions according to their assigned tasks and powers; promulgate documents
according to their competence; direct the implementation and inspection of
construction planning and construction investment plans under their assigned
management;”;
c) Point c Clause 2 is amended as
follows:
“c) Summarize the situation of,
implementing, supervising and assessing construction investment activities and
take responsibility for managing the quality of construction works and managing
the safety, labor sanitation and environment in the construction of works under
their assigned management;”.
63. Some Points
Clause 1 Article 164 are amended as follows:
a) Point a Clause 1 is amended as
follows:
“a) Perform the state management
functions as assigned by the Government; manage construction order in localities
according to construction planning, construction designs and construction
permits according to the Government’s regulations; promulgate documents
according to their competence; direct the implementation of construction
planning and construction investment plans; decentralize and authorize
district-level People’s Committees, management boards of industrial parks,
export processing zones, hi-tech parks and economic zones to formulate,
appraise and approve construction zone planning schemes and detailed planning
for construction of function zones; organize the provision of guidance,
examination and handling of complaints, denunciations and violations in
construction investment activities;”;
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“c) Study for promulgation,
provision of guidance and inspection of the implementation of standards,
technical regulations and economic-technical norms for local specialized
construction works according to the Ministry of Construction’s guidelines and
Minister of Construction’s regulations; send periodical and annual reports on
the management of their construction investment activities to the Ministry of
Construction for summarization and monitoring;”;
c) Point dd Clause 1 is amended as
follows:
“dd) Direct specialized agencies to
notify information about construction norms, prices and price indexes on a
monthly, quarterly or annual basis to promptly meet price fluctuations on the
market.”.
64. Phrases in
the following articles are replaced:
a) The phrase “vốn ngân sách nhà nước”
(“state budget funds”) in Clause 1 Article 67 is replaced by the phrase “vốn
đầu tư công” (“public investment funds”);
b) The phrase “vốn nhà nước”
(“state funds”) in Point a Clause 1 and Clause 2 Article 8 is replaced by the
phrase “vốn đầu tư công” (“public investment funds”);
c) The phrase “vốn nhà nước”
(“state funds”) is replaced by the phrase “vốn đầu tư công, vốn nhà nước ngoài
đầu tư công” (“public investment funds, non-public investment state funds”) in
Clause 5 Article 12, Clause 1 and Clause 2 Article 61, Point dd Clause 2
Article 86, Clause 5 Article 132, Clause 4 and Clause 5 Article 134, Clause 3
and Clause 4 Article 135, Clause 2 Article 137, Clause 3 Article 143, Clause 2
Article 146, Clause 2 and Clause 4 Article 147 and Clause 2 Article 166;
d) The phrase “tư vấn quản lý chi
phí đầu tư xây dựng” (“construction investment cost management consultancy”) is
replaced by the phrase “quản lý chi phí đầu tư xây dựng” (“construction
investment cost management”) in heading of Article 156.
65. Clause 2
Article 48, Clause 1 Article 63 and Point h Clause 3 Article 140 are abrogated.
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Article 17 is amended as follows:
“Article 17. Forms of housing
development and residential construction investment projects
1. Forms of housing development
include:
a) Development of housing according
to housing construction investment projects;
b) Development of housing according
to urban area construction investment projects;
c) Development of housing by
households and individuals.
2. Housing construction investment
projects prescribed in this Law include:
a) Investment project on new
construction or renovation of an independent house or a cluster of houses;
b) Investment project on
construction of a housing area with synchronized technical and social
infrastructure systems in a rural area;
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d) Investment project on
construction of buildings for mixed residence and business purposes.
3. The urban area construction
investment prescribed in Point b Clause 1 of this Article must comply with
regulations on housing laid down in the Law on housing and relevant laws.”.
Article 3.
Implementation
1. This Law comes into force from
January 01, 2021, except the regulations in Clause 2 of this Article.
2. The following regulations of
this Law come into force from August 15, 2020:
a) Regulations in Clause 13 Article
1 on the power of investment decision makers to appraise construction
investment economic-technical reports;
b) Regulations in Clause 30 Article
1 on grant of exemption from construction permits to construction works of
which results of appraisal of the construction design following the fundamental
design have been notified by specialized construction agencies to meet
conditions for approval;
c) Regulations in Clause 37 Article
1 on abrogation of the power of the Ministry of Construction and
provincial-level People's Committees to grant construction permits to
special-grade construction works;
d) Regulations in Point d and Point
dd Clause 3 of this Article.
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a) The sub-zone planning for
construction of function zones whose planning tasks have been approved before
this Law comes into force shall be implemented in accordance with regulations
of the Law on construction No 50/2014/QH13 as amended in the Law No.
03/2016/QH14, the Law No. 35/2018/QH14 and the Law No. 40/2019/QH14; if they
have been not yet implemented, they shall be implemented in accordance with
this Law;
b) The construction investment
projects with investment decisions or investment policies made or approved
before this Law comes into force are not subject to the compulsory formulation
of construction investment pre-feasibility study reports as prescribed in this
Law;
c) If construction investment
projects have been approved before this Law comes into force, no re-approval is
required but other activities which have been not yet performed shall be
performed in accordance with this Law; construction investment costs of the
in-progress projects shall be managed in accordance with laws in force before
the effective date of this Law;
d) For the construction works whose
construction designs following the fundamental design have been appraised by
specialized construction agencies before August 15, 2020 and which are subject
to construction permits as prescribed in the Law on construction No 50/2014/QH13
as amended in the Law No. 03/2016/QH14, the Law No. 35/2018/QH14 and the Law
No. 40/2019/QH14, procedures for grant of construction permits shall be carried
out as prescribed;
dd) For the construction works
subject to appraisal of construction designs following the fundamental design
or appraisal of modification thereof by specialized construction agencies
within the period from August 15, 2020 to December 31, 2020, when carrying out
such appraisal, the specialized construction agencies shall cooperate with
local construction management agencies to review and assess the fulfillment of
conditions for grant of construction permits as prescribed in the Law on
construction No 50/2014/QH13 as amended in the Law No. 03/2016/QH14, the Law
No. 35/2018/QH14 and the Law No. 40/2019/QH14 for granting exemption from
construction permits as prescribed in Clause 30 Article 1 of this Law; if
construction permits have been granted, no modification of construction permits
is required;
e) If construction designs
following the fundamental design of the construction works granted construction
permits are modified on January 01, 2021 onwards, procedures for modification
of construction permits must be carried out in accordance with this Law, except
cases subject to the appraisal of modified construction designs by specialized
construction agencies as prescribed in this Law;
g) If construction works have been
constructed before this Law comes into force and exempted from construction
permits as prescribed by laws in force at the time of commencement of
construction but are subject to construction permits as prescribed by this Law,
the construction of these works shall be still continued;
h) The Government shall elaborate
Points a, b, c, dd, e and g of this Clause.
This Law is ratified the 14th
National Assembly of the Socialist Republic of Vietnam during its 9th
session held on June 17, 2020.
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CHAIRWOMAN OF THE NATIONAL ASSEMBLY
Nguyen Thi Kim Ngan