NATIONAL
ASSEMBLY
--------
|
SOCIALIST
REPUBLIC OF VIET NAM
Independence-Freedom-Happiness
---------------
|
No.:
62/2020/QH14
|
Hanoi,
June 17, 2020
|
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. Encourage construction investment activities
performed to conserve, embellish and promote the value of historical relics,
cultural heritages, beliefs and religion and those performed under planning in
mountainous areas, islands, areas facing exceptionally difficult socio-economic
conditions and areas prone to 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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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;
b) The construction works are 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
construction zone planning, sub-zone planning for construction of function
zones or detailed planning or detailed planning for construction of function
zones approved by competent state agencies;
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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:
“dd) Copies or reference numbers of practice
certificates of organizations in charge of designing and verifying construction
designs, and practice certificates of design and verification managers as
prescribed.”;
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“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;”;
b) Point e Clause 1 is amended as follows:
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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:
“1. The commencement of construction of a work must
satisfy the following conditions:
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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.
2. Materials and structures used in a construction
work must comply with the approved construction designs and technical
instructions (if any), and ensure quality in accordance with the law on
standards and technical regulations, and the law on quality of products and
goods.
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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
1. Construction contractors shall ensure safety for
people, construction works, assets, equipment and vehicles in the course of
construction, fire and explosion prevention and fighting, and environmental
protection.
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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;
b) Works are in danger of imminent collapse, thus
affecting the community and adjacent works; works are subject to emergency
demolition to promptly meet 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 state agencies;
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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.
3. Responsibilities of parties involved in the
demolition of construction works are prescribed as follows:
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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.
5) The Government shall elaborate the quality
management, pre-acceptance test and settlement of incidents of construction
works and large-sized works with complicated technical requirements.”.
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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;
b) The maintenance process shall be established and
approved by project owners before putting construction works and their items
into use; must be suitable to use purposes, types and grades of construction
works and their items and equipment constructed and installed into works;
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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.
2. Ministers, heads of central-level agencies,
chairpersons of People’s Committees at all levels are competent to decide the
construction of works prescribed in Point a Clause 1 of this Article within
scope of their management. Persons that are assigned to manage or take charge
the construction of works may decide all matters concerning the construction
investment in order to organize the construction of such works in a manner that
meets schedule and quality requirements, and shall take responsibility for
their decisions. For urgent works using public investment funds, the order and
procedures for making investment decisions shall comply with provisions of the
Law on public investment.
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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:
a) The construction of main works;
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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;
b) For projects using non-public investment state
funds and PPP projects, project owners shall determine and manage construction
investment costs according to regulations on cost management and by referring
to promulgated construction norms;
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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:
“3. Holders of titles and individuals practicing
construction activities who are required to possess practice certificates as
prescribed in this Law include construction investment project managers,
construction planning design managers, construction survey managers,
construction design or design verification managers, construction supervision
consultants, and managers in charge of formulating, verifying and managing
construction investment costs. Practice certificates shall be classified into
class I, class II and class III.
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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:
“2. Individuals holding the title of construction
design or design verification manager must have construction designing practice
capabilities and practice certificates relevant to requirements of each type
and grade of work.”.
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“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.”.
59. Clause 6 Article 160 is
amended as follows:
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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.”;
b) Clause 5 is amended as follows:
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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;
b) Study, promulgate, guide and examine the
implementation of standards, technical regulations and economic-technical
norms for specialized construction works according to the Ministry of
Construction’s guidelines and Minister of Construction’s regulations;
organizing professional training and retraining in construction investment for
officials of their affiliated agencies and units;
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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;”;
b) Point c Clause 1 is amended as follows:
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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.
Article 2. Amendments to
Article 17 of the Law on housing No. 65/2014/QH13 as amended in the Law No.
40/2019/QH14
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“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;
c) Construction investment project using mixed
types of lands, parts of which are used for the construction of houses;
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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.
3. Transition provisions:
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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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ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
PRESIDENT
OF THE NATIONAL ASSEMBLY
Nguyen Thi Kim Ngan