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THE NATIONAL ASSEMBLY
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SOCIALIST REPUBLIC OF VIET NAM
Independence - Freedom - Happiness
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No: 16/2003/QH11
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Hanoi, November 26, 2003
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LAW
CONSTRUCTION
(No. 16/2003/QH11 of November 26, 2003)
Pursuant to the 1992
Constitution of the Socialist Republic of Vietnam, which was amended and
supplemented under Resolution No. 51/2001/QH10 of December 25, 2001 of the 10th
session of the Xth National Assembly;
This Law prescribes construction activities.
Chapter
I
GENERAL
PROVISIONS
Article
1.- Scope of regulation
This Law prescribes
construction activities; and rights and obligations of organizations and
individuals that invest in the construction of works and conduct construction
activities.
Article
2.- Objects of application
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Article
3.- Interpretation of terms
In this Law, the
following terms and phrases shall be construed as follows:
1. Construction
activities include the elaboration of construction plannings, formulation of
projects on investment in work construction, construction surveys, construction
work designing, execution of work construction, supervision of work
construction, management of projects on investment in work construction,
selection of contractors in construction activities and other activities
related to work construction.
2. Construction works
mean products created by human labor and with building materials and equipment
installed therein, affixed to land, which may include underground and ground
components, underwater and on-water-surface components and are constructed
according to designs. Construction works include public-utility works, dwelling
houses, industrial works, traffic works, irrigations works, energy works and
other types of works.
3. Equipment installed
in works includes work equipment and technological equipment. Work equipment
means those installed in construction works according to construction designs.
Technological equipment means those included in technological chains installed
in construction works according to technological designs.
4. Execution of work
construction means the construction, and installation of equipment for newly
built, repaired, renovated, relocated, embellished or restored works;
dismantlement of works; warranty and maintenance of works.
5. Technical
infrastructures system includes traffic, information and communication, energy
supply, public lighting, water supply and drainage, waste treatment facilities
and other works.
6. Social
infrastructures system includes healthcare, cultural, educational, sport,
commercial and public service works, greenery, parks, water surface and other
works.
7. Red-line
demarcation means a boundary line drawn on the planning map and on the field,
for purpose of demarcating between land plots permitted for work construction
and land plots reserved for traffic roads or other technical infrastructures
and public spaces.
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9. Construction
planning means the organization of urban space and rural population quarters,
and systems of technical and social infrastructures, in order to establish a
living environment suitable to people residing in territorial areas, and ensure
the harmony between national interest and community interest, meet the
socio-economic development, defense, security and environmental protection objectives.
A construction planning is demonstrated through a construction planning scheme,
consisting of charts, drawings, layouts and explanations.
10. Regional
construction planning means the organization of system of population quarters,
systems of technical and social infrastructures within the administrative
boundaries of a province or several provinces in conformity with requirements
of the socio-economic development in each period.
11. Urban construction
general planning means the organization of urban space and urban technical and
social infrastructures in line with the socio-economic development overall
planning, branch development planning, ensuring defense and security of each
region and the whole country in each period.
12. Urban construction
detailed planning means the concretization of the urban construction general
planning's contents, serving as a legal basis for management of the work
construction, supply of information, licensing of work construction, land
assignment and land lease for execution of projects on investment in work
construction.
13. Rural population
quarter construction planning means the organization of space and system of
technical and social infrastructures of a rural population quarter.
14. Rural population
quarter means an area where many households reside and are bound together in
their production, daily life and other social activities within boundaries of a
specific zone, i.e. a commune center, village, hamlet, buon, phum or soc
(hereinafter collectively called village for short) formed on the basis of
natural conditions, socio-economic conditions, culture, customs and other
factors.
15. Urban designing
means the concretization of the contents of the urban construction general
planning and detailed planning on architecture of works in urban areas,
landscape for each functional quarter or street and other public spaces in
urban areas.
16. Work construction
investment report means a dossier of intended work construction investment
submitted to competent authority(ies) for investment licensing.
17. Work construction
investment project means a collection of proposals concerning the contribution
of capital for new construction, expansion or renovation of construction works,
with a view to developing, maintaining and raising the quality of works,
products or services within a given duration. A work construction investment
project comprises the explanation and the basic design.
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19. Construction rules
mean regulations to be compulsorily applied to construction activities,
promulgated by the State management agencies in charge of construction.
20. Construction standards
mean regulations on technical standards, economic-technical norms, order for
performing technical jobs, targets, technical indexes and natural indexes,
promulgated or recognized by competent agencies or organizations for
application in construction activities. Construction standards include
compulsory standards and standards encouraged to be applied.
21. Work construction
investor means capital owner or person assigned to manage and use capital for
investment in work construction.
22. Contractors in
construction activities mean organizations and individuals that are fully
capable of conducting construction activities or practicing construction when
participating in contractual relations in construction activities.
23. Construction
general contractor means a contractor signing contracts directly with a work
construction investor to undertake completely a type of job or all jobs of a
work construction investment project. Construction general contractor takes the
following principal forms: engineering general contractor; work construction
general contractor; work engineering and construction general contractor;
engineering, technological equipment supply and construction general
contractor; general contractor for formulation of work construction investment
project, work engineering, technological equipment supply and construction.
24. Principal
contractor in construction activities means a contractor signing a contract
directly with a work construction investor to perform the principal part of a
kind of job in a work construction investment project.
25. Sub-contractor in
construction activities means a contractor signing a contract with a principal
contractor or a construction general contractor to perform a part of job of the
principal contractor or general contractor.
26. Separate dwelling
house means a work constructed within a residential land area under the use
right of a household or an individual according to law provisions.
27. Basic design means
a set of documents comprising explanations and drawings demonstrating the
principal designing solution, which fully meets the conditions for estimation
of total investment capital and serves as basis for deployment of subsequent
designing steps.
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29. Construction work
incidents mean impairments beyond the permitted safety limits, thus putting the
construction work in danger of collapse, having caused the collapse of part of
the work or the entire work, or rendering it impossible to use the work
according to the design.
Article
4.- Basic principles in construction
activities
Organizations and
individuals engaged in construction activities must comply with the following
basic principles:
1. Ensuring the
compliance of the work construction with the planning and designs; the artistic
appearance of works, the protection of the environment and overall landscape;
the suitability with natural conditions and socio-cultural characteristics of
each locality; combining socio-economic development with national defense and
security;
2. Complying with the
construction rules and standards;
3. Guaranteeing
quality, progress and safety of works, human life, asset, fire and explosion
prevention and fighting, environmental sanitation;
4. Ensuring the
synchronous construction in each work, synchronous construction of technical
infrastructures;
5. Ensuring thrift and
efficiency, combating wastefulness, unreasonable loss and other negative
phenomena in construction activities.
Article
5.- Types and grades of construction works
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2. Types of
construction works are determined according to their utility. Each type of
construction works is divided into five grades, including special grade, grades
I, II, III and IV.
3. Grades of
construction works are determined according to types of construction works and
based on their sizes, technical requirements, construction materials and
lifetime.
4. The Government
prescribes the classification of types and grades of construction works.
Article
6.- Construction rules and construction
standards
1. The system of
construction rules and construction standards must be promulgated or recognized
by the competent State management agency in charge of construction for uniform
application in construction activities.
2. Construction
activities must comply with the construction rules and construction standards.
In cases where foreign construction standards are applied, the consents of the
competent State management agency in charge of construction must be obtained.
3. Organizations and
individuals may study and propose construction rules and/or construction
standards to the competent State management agency in charge of construction
for promulgation or recognition.
Article
7.- Construction practicing capability,
construction operation capability
1. The construction
practicing capability is prescribed for individuals engaged in construction activities.
The construction operation capability is prescribed for organizations engaged
in construction activities.
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3. The construction
activity operation of organizations is determined in grades on the basis of construction
practicing capability of individuals in such organizations, experience in
construction activities, financial status, equipment and managerial capacity of
such organizations .
4. Foreign
organizations and individuals engaged in construction activities in the
territory of the Socialist Republic of Vietnam must meet all the conditions
prescribed in Clauses 1, 2 and 3 of this Article and be granted operation
licenses by the competent State management agency in charge of construction.
5. The Government
prescribes the construction operation capability of organizations, the
construction practicing capability of individuals and the granting of
construction practice certificates to individuals suitable to different types
and grades of works.
Article
8.- Supervision of the observance of the
construction legislation
1. The National
Assembly, the Standing Committee of the National Assembly, the Nationalities
Council, the Committees of the National Assembly, the delegations of National
Assembly deputies, the National Assembly deputies, the People's Councils, the
Standing Boards of the People's Councils, the Boards of the People's Councils,
deputies to the People's Councils of all levels shall, within the ambit of
their respective tasks and powers, have to supervise the observance of the
construction legislation.
2. Vietnam Fatherland
Front and its member organizations shall, within the ambit of their respective
tasks and powers, have to propagate and mobilize people to observe and
supervise the observance of the construction legislation.
Article
9.- Encouragement policies in construction
activities
The State adopts
policies to encourage and create conditions for organizations and individuals
to research into and apply advanced construction sciences and technologies, use
new construction materials, economically use natural resources and protect the
environment; create conditions for organizations and individuals to join in
construction activities under plannings in deep-lying and remote regions,
regions meeting with exceptional difficulties and flood-prone regions.
Article
10.- Acts strictly prohibited in
construction activities
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1. Constructing works
in areas where construction is banned; constructing works in encroachment of
the protection corridors of traffic or irrigation works, dikes, energy works,
zones of historical-cultural relics and protection zones of other works
prescribed by law; constructing works in areas prone to landslides or sweeping
floods, except for work constructed to combat these calamities;
2. Constructing works
in contravention of the planning, in encroachments of demarcation boundaries or
construction landmarks; construction works without construction permits, for
works which require construction permits under regulations, or constructing
works at variance with the granted construction permits;
3. Contractors conduct
construction activities beyond the conditions on construction practicing
capability or construction operation capability they meet; selecting
contractors who fail to satisfy the condition on construction practicing
capability or construction operation capability to perform jobs;
4. Constructing works
not in compliance with the construction rules or construction standards;
5. Violating the
regulations on safety of human life, asset and environmental sanitation in
construction;
6. Building annexes or
lean-tos, thus encroaching upon public spaces and places, passages and other
yards and grounds already included in the approved and publicized construction
plannings;
7. Giving and taking
bribes in construction activities; pre-fixing bidding results for self-seeking
purposes, selling and purchasing bids, conniving with each other in bidding,
making bids lower than the work construction costs in biddings;
8. Abusing positions
and powers to violate the construction legislation; tolerating and covering up
acts of violating the construction legislation;
9. Obstructing lawful
construction activities;
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Chapter
II
CONSTRUCTION
PLANNINGS
Section
1. GENERAL PROVISIONS
Article
11.- Construction plannings
1. Construction
plannings must be elaborated and approved to serve as basis for subsequent
construction activities. Construction plannings shall be elaborated for five
years, ten years and long-term development orientation. Construction plannings
must be periodically revised and adjusted to be compatible with the
socio-economic development situation in each period. The adjustment of the
construction plannings must ensure the successiveness of the construction
plannings previously elaborated and approved.
2. The State allocates
the State budget capital and adopts a policy to mobilize other capital sources
for the elaboration of construction plannings. The State budget capital shall
be incorporated in annual plans for elaborating regional construction
plannings, urban construction general plannings and rural population quarter
construction plannings, detailed planning on functional zones not under
investment projects on the construction of concentrated works in business form.
3. The People's
Committees of all levels shall have to organize the elaboration of construction
plannings within the administrative boundaries under their respective
management according to decentralization and use such construction plannings as
basis for managing construction activities, executing construction investment
projects and deploying work construction.
4. Where the People's
Committees of all levels are incapable of performing the tasks of elaborating,
adjusting and approving construction plannings, they may invite experts or hire
consultants to perform such tasks.
5. All organizations and
individuals must abide by the construction plannings already approved by the
competent State agencies.
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1. Construction
plannings are categorized into the following three types:
a/ Regional construction
plannings;
b/ Urban construction
plannings, including urban construction general plannings and urban
construction detailed plannings;
c/ Rural population
quarter construction plannings.
2. The Government
prescribes the order for elaborating construction plannings, dossiers and
scales of assorted maps, and the cost of elaboration of each type of
construction planning.
Article
13.- General requirements on construction
plannings
Construction plannings
must meet the following general requirements:
1. Being in line with
the socio-economic development overall plannings, development plannings of
other branches and land-use plannings; construction detailed plannings must be
in line with the construction general planning; ensure national defense and
security and create a motive force for socio-economic development;
2. Organizing and
arranging territorial space on the basis of rationally exploiting and using the
natural resources, land and other resources in compatibility with the natural
conditions, historical and socio-economic characteristics, scientific and
technological advances of the country in each development period;
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4. Laying the
foundation for the work of planning, investment management and construction
investment attraction; management, exploitation and use of construction works
in urban areas and rural population quarters.
Article
14.- Conditions on organizations and
individuals designing construction plannings
1. Organizations
designing construction plannings must meet the following conditions:
a/ Having registered
the construction planning designing activities;
b/ Having adequate and
appropriate capability for construction planning designing activities;
c/ Individuals who
take up the post of construction planning scheme manager or assume the prime
responsibility for specialized designs of construction planning blue prints
must have the construction practicing capability and practice certificates
suitable to each type of construction planning.
2. Individuals
independently practicing the construction planning designing profession must
meet the following conditions:
a/ Having the practice
capability and certificates for practicing the construction planning designing
profession;
b/ Having registered
the construction planning designing activities.
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Section
2. REGIONAL CONSTRUCTION PLANNINGS
Article
15.- Regional construction planning tasks
1. Responsibility to
devise regional construction planning tasks is prescribed as follows:
a/ The Construction
Ministry shall devise the tasks of regional construction planning for key
regions and inter-provincial regions and submit them to the Prime Minister for
approval after obtaining opinions of the concerned ministries, branches and
provincial People's Committees;
b/ The People's
Committees of the provinces and centrally-run cities (hereinafter collectively
referred to as the provincial-level People's Committees) shall devise the tasks
of regional construction plannings within the administrative boundaries under
their management and submit them to the People's Councils of the provinces and
centrally-run cities (hereinafter collectively referred to as the
provincial-level People's Councils) for decision.
2. Contents of
regional construction planning tasks include:
a/ Forecasts of urban
or rural population size in compatibility with the socio-economic development
of the regions and the population distribution strategy of the nation for
five-year, ten-year or longer periods;
b/ Spatial
organization of main industrial establishments, systems of technical and social
infrastructures within the region in each period in compatibility with the
potentials and the regional general socio-economic development plannings;
c/ Spatial
organization of the system of urban areas and population quarters in compatibility
with the geographical and natural conditions of each region, ensuring national
defense and security as well as the rational exploitation of natural resources
of the entire region.
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A regional
construction planning must have the following principal contents:
1. Determination of a
system of urban areas and population quarters in service of industry,
agriculture, forestry, tourism, as well as environmental protection zones,
natural resource zones and other functional zones;
2. Arrangement of a
system of technical infrastructures, spaces and environmental protection
measures;
3. Orientation for
development of specialized works;
4. Identification of
reserve land in service of development demands; efficient use of land.
Article
17.- Competence to elaborate, evaluate and
approve regional construction plannings
1. The Construction
Ministry organizes the elaboration and evaluation of construction plannings of
key regions and inter-provincial regions, then submits them to the Prime
Minister for approval after obtaining opinions of the concerned ministries,
branches and/or People's Committees.
2. The
provincial-level People's Committees shall have to approve construction
plannings of regions within administrative boundaries under their respective
management after they are decided by the People's Councils of the same level.
Article
18.- Adjustment of regional construction
plannings
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a/ Where the general
planning on socio-economic development of the region, the branch development
planning of the region; or the defense and security strategy is adjusted;
b/ Where the
geographical, natural, population and socio-economic conditions change.
2. The competence to
approve the adjusted tasks and adjusted regional construction plannings is
prescribed as follows:
a/ The Prime Minister
approves the adjusted tasks and adjusted regional construction plannings of the
key regions and inter-provincial regions at the requests of the Construction
Ministry after obtaining opinions of the concerned ministries, branches and/or
People's Committees;
b/ The
provincial-level People's Committees devise the adjusted tasks and adjusted
construction plannings of regions within the administrative boundaries under
their respective management, then submit them to the People's Councils for
decision.
Section
3. URBAN CONSTRUCTION PLANNINGS
Article
19.- Urban construction general planning
tasks
1. Responsibility to
devise urban construction general planning tasks is prescribed as follows:
a/ The Construction
Ministry devises the tasks of elaborating general plannings on construction of
inter-provincial new urban areas, hi-tech parks and special economic zones, then
submits them to the Prime Minister for approval after obtaining opinions of the
concerned ministries, branches and/or provincial-level People's Committees;
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c/ The People's
Committees of urban districts, rural districts, provincial capitals or
provincial cities (hereinafter collectively referred to as the district-level
People's Committees) devise the tasks of elaborating general plannings on
construction of grade-4 and grade-5 urban areas within the administrative
boundaries under their respective management, then submit them to the People's
Councils of urban districts, rural districts, provincial capitals or provincial
cities (hereinafter collectively referred to as the district-level People's
Councils) for adoption and submission to the provincial-level People's
Committees for approval.
2. Contents of urban
construction general planning tasks include:
a/ Determination of
characteristics, population sizes, spatial development orientation of urban
areas and technical and social infrastructure works for each five-year or
ten-year period, and forecast of development orientation of urban areas for a
twenty-year period;
b/ Urban construction
and renovation general plannings, besides the contents prescribed at Point a,
Clause 2 of this Article, must also identify areas subject to ground clearance,
areas to be maintained for embellishment, areas to be protected and other
specific requirements according to the characteristics of each urban area.
Article
20.- Contents of urban construction general
planning
1. An urban
construction general planning must ensure the determination of the total urban
land use ground area according to the population size in each planning period;
urban functional zones; population density, land use coefficient and other economic-technical
norms of each functional zone and the urban area; the general arrangement of
urban technical infrastructures, the determination of construction demarcation
and red-line demarcation boundaries of urban main traffic routes, as well as controlled
construction landmarks of each zone and the entire urban area.
2. Urban construction
general plannings must be designed according to the construction rules and
standards, make full use of the terrain, greenery, water surface and natural conditions
of the planned places, and preserve the national cultural identity.
3. For urban
construction and renovation general plannings, solutions to maintain the
existing works and landscapes compatible with the set tasks must be proposed.
Article
21.- Competence to elaborate and approve
urban construction general planning
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2. The
provincial-level People's Committees organize the elaboration of construction
general plannings of special, grade-1 and grade-2 urban areas within their
respective localities, then submit them to the People's Councils of the same
level for adoption. The Construction Ministry shall evaluate and submit them to
the Prime Minister for approval. For grade-3 urban areas, the provincial-level
People's Committees organize the elaboration of construction general plannings
and submit them to the People's Councils of the same level for decision.
3. The district-level
People's Committees organize the elaboration of construction general plannings
of grade-4 and grade-5 urban areas, then submit them to the People's Councils
of the same level for adoption and submission to the provincial-level People's
Committees for approval.
Article
22.- Adjustment of urban construction
general plannings
1. An urban
construction general planning shall be adjusted in one of the following cases:
a/ The socio-economic
development orientation changes;
b/ For purpose of
attracting capital sources for investment in urban construction and other objectives,
which do not substantially change the urban development orientation;
c/ Geographical and
natural conditions change.
2. Persons competent
to approve the planning tasks and urban construction general plannings shall
approve the planning-adjusting tasks and adjusted urban construction general
plannings.
Article
23.- Tasks of elaborating urban
construction detailed plannings
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2. Contents of urban
construction detailed planning tasks include:
a/ Requirements on
land use area, scale and scope of detailed planning, urban designing and
synchronous designing of technical and social infrastructures in the designed
zones;
b/ List of proposed
measures to renovate works which should be maintained in the zones planned for
renovation;
c/ Other requirements
on each designed zone.
Article
24.- Contents of urban construction
detailed plannings
1. An urban
construction detailed planning must have the following principal contents:
a/ Determination of
ground plan and land area for construction of assorted works in the zone under
the urban construction detailed planning;
b/ Determination of
red-line demarcation and construction demarcation boundaries, construction
landmarks of technical infrastructures in the zone under the urban construction
detailed planning;
c/ Solutions to design
the system of urban technical infrastructures, measures to protect landscapes,
ecological environment and relevant economic-technical norms;
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2. Urban construction
detailed plannings shall be elaborated on topographic maps and cadastral maps
of a scale of between 1/500 and 1/2000, depending on the set planning tasks.
Article
25.- Competence to approve urban
construction detailed plannings
1. The
provincial-level People's Committees approve the detailed plannings on the
construction of special, grade-1, grade-2 and grade-3 urban areas.
2. The district-level
People's Committees approve the detailed plannings on the construction of
grade-4 and grade-5 urban areas.
Article
26.- Adjustment of urban construction
detailed plannings
1. An urban
construction detailed planning shall be adjusted in one of the following cases:
a/ The urban
construction general planning is adjusted;
b/ There is a need to
encourage or attract investment.
2. Persons competent
to approve urban construction detailed plannings shall approve the already
adjusted urban construction detailed plannings.
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Article
27.- Urban designing
1. Urban designing
includes the following contents:
a/ In an urban construction
general planning, the urban designing must prescribe and demonstrate
architectural spaces of works, landscape of each street section or the entire
urban area, determine the limit height of works in each zone and the entire
urban area;
b/ In an urban
construction detailed planning, the urban designing must prescribe and
demonstrate the construction landmarks of road surface, pavement, work base and
floors of works, height, facade architecture, roof architectural features and
colors of works in each street section;
c/ The urban designing
must express its compatibility with local natural conditions, harmony with
natural and artificial landscapes in designing zones; make full use of such
factors as water surface and greenery; protect cultural heritage,
historical-cultural relics, and preserve national cultural identity.
2. The
provincial-level People's Committees promulgate regulations on architectural
management in order to manage the construction according to the approved urban
designs.
3. The Government
specifies the urban designing.
Section
4. PLANNINGS ON CONSTRUCTION OF RURAL POPULATION QUARTERS
Article
28.- Tasks of elaborating plannings on
construction of rural population quarters
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2. Contents of tasks
of planning on rural population quarter construction include:
a/ Forecast of
population size increase of rural population quarters in each period;
b/ Spatial
organization of production establishments, cottage industries and handicraft
and traditional craft villages in rural population quarters;
c/ Development
orientation of rural population quarters.
Article
29.- Contents of plannings on the
construction of rural population quarters
1. Determination of
functional zones, systems of technical and social infrastructures, development
orientation for each population quarter, designing of dwelling house models
suitable to natural conditions, customs and traditions of each region, so as to
guide people in the construction thereof.
2. Detailed plannings
on construction of commune centers must determine construction positions and
areas of works; working offices of agencies, organizations, educational,
healthcare, cultural, physical training and sport, commercial and service works
and other works.
3. For rural
population quarters which tend to exist stably for a long term, when their
construction plannings are executed, designs for renovation and embellishment
of functional zones, technical and social infrastructure works.
Article
30.- Competence to elaborate and approve
plannings on the construction of rural population quarters
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Article
31.- Adjustment of plannings on the
construction of rural population quarters
1. A rural population
quarter construction planning shall be adjusted in one of the following cases:
a/ The local
socio-economic development strategy is adjusted;
b/ The regional
construction planning is adjusted;
c/ Geographical and
natural conditions change.
2. The district-level People's
Committees approve the adjusted tasks and the adjusted plannings on the
construction of rural population quarters within administrative boundaries
under their management.
Section
5. MANAGEMENT OF CONSTRUCTION PLANNINGS
Article
32.- Publicization of construction
plannings
1. In the course of
elaboration of construction detailed plannings, opinions of concerned
organizations and individuals thereon must be gathered according to the tasks
of each type of construction planning.
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3. Basing themselves
on the approved construction plannings, the provincial-level People's
Committees shall have to direct the performance of the following tasks:
a/ Placing
construction demarcation markers and construction landmarks on the field;
b/ Determining on the
field areas banned from construction.
4. Persons responsible
to publicize construction plannings shall be held responsible before law for
their failure to publicize, or delayed publicization of, such plannings, thus
causing economic damage upon the ground clearance for investment in work
construction.
5. For the approved
construction detailed plannings, if past three years after they are publicized,
they still remain unexecuted or the execution is not up to their requirements,
the persons competent to approve construction detailed plannings shall have to
apply remedies and notify such to the organizations and individuals in the
planning areas. Where a construction detailed planning cannot be executed, it
must be adjusted or cancelled and subsequently re-publicized according to the
provisions of Clause 2 of this Article.
Article
33.- Supply of information on construction
plannings
1. Construction
management agencies of all levels shall have to supply information on, and grant
certificates of, construction plannings to work construction investors when
there appear demand for investment in construction within their scope of
assigned management responsibilities.
2. The supply of
information shall take the following forms:
a/ Publicization of
the construction planning blueprints, including: charts, layouts and drawings
of the construction planning;
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c/ Supply of
construction planning certificates.
3. Construction
planning certificates contain information on land use; regulations on system of
technical infrastructures, architecture, safety in fire and explosion
prevention and fighting; environmental protection and other regulations
according to the construction detailed planning.
Article
34.- Contents of management of
construction plannings
1. The management of
construction plannings covers the following principal contents:
a/ Promulgation of
regulations on plannings, architecture and policies for attracting construction
investment according to the manager's competence;
b/ Management of
construction of works under the construction plannings;
c/ Management of
landmarks on the field;
d/ Management of
synchronous construction of urban technical infrastructures;
dd/ Suspension of the
construction, imposition of administrative sanctions and coercion of the
dismantlement of works illegally constructed, constructed in contravention of
construction permits, or constructed not in compliance with construction
plannings.
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Chapter
III
WORK
CONSTRUCTION INVESTMENT PROJECTS
Article
35.- Work construction investment projects
1. When investing in
work construction, investors shall have to formulate projects for the examination
and assessment of their socio-economic efficiency, except for the cases
prescribed in Clauses 3 and 5 of this Article. The formulation of work
construction investment projects must comply with the provisions of this Law
and other relevant law provisions.
2. Work construction
investment projects are categorized according to their sizes, natures and
investment capital sources. Contents of work construction investment projects
shall be elaborated in compatibility with requirements of each type of project.
3. For the following
construction works, only economic-technical reports must be elaborated:
a/ Works used for
religious purposes;
b/ Small-sized
construction works and other works prescribed by the Government.
4. An
economic-technical report of a construction work defined in Clause 3 of this
Article shall present the necessity of the investment, objectives of the work
construction; construction location; size, capacity and grade of the work;
funding source(s) for construction of the work; the construction duration; the
work efficiency; fire and explosion prevention and fighting; construction
designing drawings and work cost estimation.
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Article
36.- Requirements on work construction
investment projects
1. A work construction
investment project must satisfy the following principal requirements:
a/ Being in line with
the socio-economic development planning, the branch development planning and
the construction planning;
b/ Having appropriate
designing scheme and technological scheme;
c/ Ensuring safety in
the construction, operation, exploitation and use of the work, safety in fire
and explosion prevention and fighting and environmental protection;
d/ Ensuring the
socio-economic efficiency of the project.
2. For large-sized
construction works, before formulating projects, the work construction
investors shall have to compile and submit reports on work construction
investment to the competent authorities for investment licenses.
The principal contents
of a work construction investment report include the necessity of investment,
projected investment scale and investment form; analysis and preliminary
selection of technologies, preliminary determination of total investment
capital, plans for mobilizing capital sources, capability to retrieve invested
capital and repay loans; preliminary calculation of the project's investment
efficiency in the socio-economic respect.
3. For work
construction investment projects funded with the State capital, apart from
satisfying the requirements prescribed in Clause 1 of this Article, the
determination of construction costs must conform with the economic-technical
norms and targets promulgated and guided for implementation by the competent
State management agency in charge of construction. For work construction
investment projects funded with the official development assistance (ODA)
capital, the reciprocal capital must be allocated in time.
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Contents of a work
construction investment project include:
1. The explanation,
which shall be elaborated depending on the type of work construction investment
project and include the following principal contents: objectives, location,
size, capacity, technology, economic-technical solutions, capital source(s) and
total investment capital, investor and project management form, investment
form, duration, efficiency, fire and explosion prevention and fighting and
environmental impact assessment;
2. The basic design,
which shall be made to suit each specific work construction investment project
and include the explanation and drawings demonstrating the architectural
solutions; size, main structure; site plan, elevation and cross section of the
work; technical solutions and construction solutions; technology, equipment and
facilities of the work, main category of construction materials used in work
construction.
Article
38.- Conditions to be met by organizations
and individuals formulating work construction investment projects
1. Organizations which
formulate work construction investment projects must meet the following
conditions:
a/ Having registered
the operation of formulating work construction investment projects;
b/ Having the
construction operation capability suitable to the work of formulating work
construction investment projects;
c/ Having persons
fully capable of practicing the profession of formulating work construction
investment projects suitable to the requirements of the work construction
investment projects, who can take up the post of project formulation manager;
individuals taking part in the project formulation must have practicing
capability suitable to each type of work construction investment project.
2. Individuals who independently
practice the profession of formulating work construction investment projects
must meet the following conditions:
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b/ Having capability to
practice the profession of formulating work construction investment projects.
The Government
prescribes the scope of activities of formulating work construction investment
projects of independent practicing individuals.
Article
39.- Evaluation of, and decision on,
investment in work construction investment projects
1. Work construction
investment projects, before being decided for investment, must be evaluated
according to the Government's regulations.
2. The Prime Minister
decides on the investment in projects on construction of national important
works after the National Assembly adopts the investment undertaking. The
Government prescribes the competence to decide on investment in other work
construction investment projects.
3. Organizations and
individuals evaluating work construction investment projects shall be held
responsible before law for their evaluation results. Persons deciding on
investment in work construction shall be held responsible before law for their
decisions.
Article
40.- Adjustment of work construction
investment projects
1. The already
approved work construction investment projects shall be adjusted in one of the
following cases:
a/ Natural calamities,
enemy sabotage or force majeure circumstances occur;
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c/ The construction
planning changes.
2. Adjusted contents
of work construction investment projects must be permitted by the investment
deciders and must be re-evaluated. Persons deciding on adjustment of work
construction investment projects shall be held responsible before law for their
decisions.
Article
41.- Rights and obligations of work
construction investors in the formulation of work construction investment
projects
1. Work construction
investors shall have the following rights in the formulation of work
construction investment projects:
a/ To formulate work
construction investment projects by themselves when they satisfy the conditions
for doing so;
b/ To negotiate, sign
and supervise the performance of contracts;
c/ To request the
concerned organizations to supply information and documents in service of the
formulation of work construction investment projects;
d/ To suspend the
performance of, or terminate contracts when the contractors for project
formulation consultancy breach the contracts;
dd/ Other rights
provided for by law.
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a/ To hire consultants
to formulate projects in cases where they fail to fully satisfy the conditions
on capability to formulate work construction investment projects by themselves;
b/ To determine
contents of tasks of work construction investment projects;
c/ To supply
information and documents related to work construction investment projects to
work construction investment project formulation consultants.
d/ To organize the
pre-acceptance test, evaluation and approval of work construction investment
projects according to their competence or submit them to the competent
authorities for evaluation and approval;
dd/ To properly
perform the already signed contracts;
e/ To archive dossiers
of work construction investment projects;
g/ To make
compensations for damage caused by the use of consultants unsuitable to the
capability to formulate work construction investment projects or supply of
untruthful information; evaluation and pre-acceptance test not in compliance
with the regulations and other acts of violation causing damage due to their
faults.
h/ Other obligations
provided for by law.
Article
42.- Rights and obligations of contractors
providing work construction investment project formulation consultancy
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a/ To request
investors to supply information and documents related to the formulation of
work construction investment projects;
b/ To reject unlawful
requests of investors;
c/ Other rights
provided for by law.
2. Contractors providing
work construction investment project formulation consultancy shall have the
following obligations:
a/ To undertake to
formulate only work construction investment projects suitable to their own
construction operation capability;
b/ To perform the jobs
strictly according to the signed contracts;
c/ To bear
responsibility for the quality of the formulated work construction investment
projects;
d/ Not to disclose
information and documents related to the formulation of work construction
investment projects they have undertaken without permission of the hiring party
or the competent persons;
dd/ To make
compensations for damage caused by the use of inappropriate information,
documents, construction rules and standards, technical solutions and other acts
of violation causing damage due to their faults;
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Article
43.- Management of expenses for work
construction investment projects
1. Expenses for work
construction investment projects must be calculated and managed to ensure the
efficiency of projects.
2. The management of
expenses for work construction investment projects funded with the State
capital source must be based on the economic-technical norms and other relevant
regulations promulgated by competent State agencies.
3. For work
construction investment projects funded with other capital sources, investors
and contractors may refer to the provisions of Clause 2 of this Article to sign
contracts.
Article
44.- Rights and obligations of persons deciding
on the work construction investment
1. Persons deciding on
the work construction investment have the following rights:
a/ Not to approve work
construction investment projects when the conditions on objectives and
efficiency are not met;
b/ To suspend the
execution of work construction investment projects which have already been
approved or are being executed when they deem it necessary;
c/ To change or adjust
objectives and/or contents of work construction investment projects;
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2. Persons deciding on
the work construction investment have the following obligations:
a/ To organize the
evaluation and approval of work construction investment projects;
b/ To inspect the
execution of work construction investment projects;
c/ To be held
responsible before law for contents of their decisions approving work
construction investment projects, decisions suspending the execution of work
construction investment projects and other decisions issued according to their
competence;
d/ Other obligations
provided for by law.
Article
45.- Contents and modes of management of
work construction investment projects
1. Contents of
management of work construction investment projects include the management of
quality, volume, progress, labor safety and construction environment.
2. Basing themselves
on capability conditions of organizations and individuals, investment deciders
and work construction investors shall decide to choose one of the following
modes of management of work construction investment projects:
a/ Work construction
investors hire organizations to provide consultancy on management of work
construction investment projects;
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3. When the mode of direct
management of work construction investment projects by the investors mentioned
at Point b, Clause 2 of this Article is applied, if the work construction
investors set up the project management boards, such boards shall be held
responsible before law and answerable to the work construction investors for
the performance of their assigned tasks and powers.
4. The Government
specifies the contents and modes of management of work construction investment
projects, conditions on capability of organizations and individuals managing
work construction investment projects.
Chapter
IV
CONSTRUCTION
SURVEY AND DESIGNING
Section
1. CONSTRUCTION SURVEY
Article
46.- Construction surveys
1. Construction
surveys include topographic survey, engineering geological survey,
hydrogeological survey, survey of actual state of works and other surveying
activities in service of construction activities.
2. Construction
surveys shall only be conducted according to the already approved surveying
tasks.
Article
47.- Requirements on construction survey
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1. Surveying tasks
must conform with requirements of each type of job or each designing step;
2. The truthfulness,
objectivity and fidelity to realities must be ensured;
3. Volume, content and
technical requirements of construction surveys must conform with the surveying
tasks, construction rules and standards;
4. For engineering
geological surveys, apart from the requirements in Clauses 1, 2 and 3 of this
Article, the seasonal erosiveness and fluctuation degree of underground water
level must also be determined to propose appropriate preventing and combating
measures. For large-sized works and important works, observation surveys of
environmental impacts thereon in the course of construction and use must also
be conducted.
5. Survey results must
be appraised and tested before acceptance according to law provisions.
Article
48.- Contents of reports on construction
survey results
1. A report on
construction survey results has the following principal contents:
a/ Survey bases,
process and methods;
b/ Analysis of data,
assessment and survey results;
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2. The Construction
Ministry specifies the contents of construction survey reports.
Article
49.- Conditions on organizations
conducting construction surveys
1. Organizations
conducting construction surveys must meet the following conditions:
a/ Having registration
of construction survey activities;
b/ Having full
capability to conduct construction surveys;
c/ Each construction
survey task must be performed by a construction survey manager fully capable of
practicing construction profession and having valid practice certificate.
Construction survey managers shall be designated by the construction survey
contractors. Individuals engaged in each construction survey job must have
professional qualifications suitable to their assigned tasks;
d/ Machinery and
equipment in service of construction surveys must meet the quality requirements,
ensure safety for the surveying work and protect the environment.
2. Laboratories in
service of construction surveys must satisfy all the prescribed standards and
be recognized by the competent State management agency in charge of construction.
Article
50.- Rights and obligations of work
construction investors in the construction survey
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a/ To perform
construction surveys by themselves when they fully satisfy the capability
conditions therefor;
b/ To negotiate, sign
and supervise the performance of contracts;
c/ To adjust surveying
tasks at reasonable requests of designers;
d/ To suspend the
performance of, or terminate contracts according to law provisions;
dd/ Other rights
provided for by law.
2. Work construction
investors shall have the following obligations in the construction survey:
a/ To approve the
surveying tasks devised by the designers or the survey contractors, and assign
them to the survey contractors;
b/ To choose
construction survey contractors in cases where they fail to fully satisfy the
conditions on capability to conduct construction surveys by themselves;
c/ To supply
information and documents related to the construction survey to the construction
survey contractors;
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dd/ To properly
perform the signed contracts;
e/ To organize the
pre-acceptance test and archival of survey results;
g/ To make
compensations for damage caused by the supply of inappropriate information and
documents, wrongful determination of surveying tasks and other acts of
violation causing damage due to their fault;
h/ Other obligations
provided for by law.
Article
51.- Rights and obligations of
construction survey contractors
1. Construction survey
contractors have the following rights:
a/ To request the
investors to supply data and information related to the surveying tasks;
b/ To reject requests
beyond the surveying tasks;
c/ Other rights
provided for by law.
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a/ To sign contracts
only for the performance of surveying jobs suitable to their operation
capability, and properly perform the signed contracts;
b/ To properly perform
the assigned surveying tasks, ensure quality and take responsibility for survey
results;
c/ To propose and add
surveying tasks when detecting factors which may directly affect the designing
solutions;
d/ To protect the
environment in the surveyed zones;
dd/ To purchase
insurance for professional liability;
e/ To make
compensations for damage caused by improper performance of the surveying tasks,
which gives rise to extra volumes due to impractical surveys, improper use of
information, documents, construction rules and standards, and other acts of
violation causing damage due to their fault;
g/ Other obligations
provided for by law.
Section
2. WORK CONSTRUCTION DESIGNS
Article
52.- Requirements on work construction
designs
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a/ Being in line with
the construction planning, suitable to landscapes, natural conditions and regulations
on architecture; as well as compatible with the approved work construction
investment projects;
b/ Being compatible
with technological designs in cases where work construction investment projects
contain technological designs;
c/ Work foundations must
be firm, and must neither sink, split nor deform beyond the permitted limit,
thus affecting the lifetime of works and adjacent works;
d/ Contents of work
construction designs must conform with requirements of each designing step,
satisfy the utility requirement; ensure the artistic appearance and reasonable
prices;
dd/ Safety, thrift and
conformity with the applied construction rules and standards; standards on fire
and explosion prevention and fighting, environmental protection and relevant standards;
public-utility works must be designed according to the standards for the
disabled;
e/ Ensuring
synchronism in each work, meeting the requirements on operation and use of
works; being harmonious with relevant works.
2. For civil works and
industrial works, apart from the requirements prescribed in Clause 1 of this
Article, the following requirements must also be satisfied:
a/ Work architecture
must be suitable to traditions, customs, socio-cultural conditions of each
region or locality;
b/ Human safety upon
occurrence of incidents; conditions for safe, convenient and effective
fire-fighting and rescuing activities; proper distances between works, use of
fire-fighting materials, equipment and facilities to limit impacts of fire on
adjacent works and surrounding environment;
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d/ Maximization of
natural advantages and minimization of natural disadvantages for purpose of
economical use of energy.
Article
53.- Contents of work construction designs
A work construction
design includes the following principal contents:
1. Technological
plans;
2. Utility;
3. Architectural
plans;
4. Lifetime of the
work;
5. Structure and
technical plans;
6. Fire and explosion
prevention and fighting plans;
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8. Environmental
protection solutions;
9. Total cost
estimates and construction cost estimates compatible with each construction
designing step.
Article
54.- Work construction designing steps
1. The work
construction designing consists of the following steps: basic design, technical
design and construction drawing design.
2. Depending on the
nature and size of each type of work, a work construction design may be made
through one step, two steps or three steps as follows:
a/ One-step designing
means construction drawing design applicable to works for which only
economic-technical report is to be made;
b/ Two-step designing
consists of basic design step and construction drawing design step, applicable
to works for which work construction investment projects must be formulated;
c/ Three-step
designing consists of basic design step, technical design step and construction
drawing design step, applicable to large-sized and complicated works for which
work construction investment projects must be formulated.
3. For works subject
to two-step or three-step designing, subsequent design steps shall commence
only when earlier design steps are approved.
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Article
55.- Contests for selecting construction
work architecture designs
1. Contests for
selecting architecture designs of construction works are encouraged.
2. For the following
works, before construction investment projects are formulated, contests for
selecting architecture designs must be held:
a/ Offices of State
agencies of district or higher levels;
b/ Large-sized
cultural, sport and public-utility works;
c/ Other works with
special architecture.
3. Expenses for
selection contests shall be calculated into total investment capital of
construction works.
4. Authors of selected
architecture design plans shall have their copyright protected, and be given
priority to perform the subsequent designing steps if they fully satisfy the
conditions on capability for construction designing.
5. The Government
specifies the contest for selecting work construction architecture designs.
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1. Organizations
performing the work construction designing must meet the following conditions:
a/ Having registered
the work construction designing operation;
b/ Fully satisfying
the conditions on capability for work construction designing operation;
c/ Individuals taking
up the post of designing manager or designing responsible person must have the
capability to practice the profession of construction designing and practice
certificates suitable to requirements of each type and grade of work.
2. Individuals
independently practicing the profession of work construction designing must
meet the following conditions:
a/ Having the
capability and certificates for practicing construction designing profession;
b/ Having registered
the work construction designing profession practice.
The Government
prescribes the scope of work construction designing profession practice by
individuals independently practicing the work construction designing
profession.
3. For the
construction designing of separate dwelling houses:
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b/ For separate
dwelling houses which are smaller than those mentioned at Point a of this
Clause, individuals and households may organize the designing by themselves, provided
that it conforms with the approved construction planning, and they shall be
responsible before law for designing quality and impacts of such works on the
environment and safety of adjacent works.
Article
57.- Rights and obligations of work
construction investors in the work construction designing
1. Work construction
investors have the following rights in the work construction designing:
a/ To conduct the work
construction designing by themselves if they fully satisfy the conditions on capability
for work construction designing operation or practice suitable to each work
type or grade;
b/ To negotiate, sign
and supervise the performance of designing contracts;
c/ To request the
designing contractors to properly perform the signed contracts;
d/ To request
amendments and/or supplements to the designs;
dd/ To suspend the
performance of, or terminate the contracts on work construction designing
according to law provisions;
e/ Other rights
provided for by law.
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a/ To select work
construction designing contractors in cases where they fail to fully satisfy
the conditions on capability for work construction designing operation or
practice to conduct the designing by themselves;
b/ To determine the
work construction designing tasks;
c/ To supply adequate
information and documents to designing contractors;
d/ To properly perform
the signed contracts;
dd/ To evaluate and
approve or submit to the competent agencies for evaluation and approval designs
according to the provisions of this Law;
e/ To organize the
pre-acceptance test of designing dossiers;
g/ To archive
designing dossiers;
h/ To make
compensations for damage caused by the elaboration of designing tasks, supply
of information and documents and pre-acceptance test of designing dossiers in
contravention of regulations and other acts of violation causing damage due to
their faults;
i/ Other obligations
provided for by law.
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1. Work construction
designing contractors have the following rights:
a/ To reject requests
beyond the designing tasks;
b/ To request the
supply of information and documents in service of the designing work;
c/ To have copyright
over work designs;
d/ Other rights
provided for by law.
2. Work construction
designing contractors have the following obligations:
a/ To undertake
contracts only for work construction designing suitable to their capability for
work construction designing operation or work construction designing practice;
b/ To properly perform
the designing tasks, ensuring the set progress and quality;
c/ To bear
responsibility for quality of designs they undertake;
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dd/ To elaborate
construction survey tasks in service of the designing work and suitable to
requirements of each designing step;
e/ Not to designate
manufacturers of work construction materials, supplies and equipment;
g/ To purchase
professional liability insurance;
h/ To make
compensations for damage caused by the elaboration of inappropriate surveying
tasks, or the use of inappropriate information, documents, construction rules
and standards, technical or technological solutions which affect the work
quality, and other acts of violation causing damage due to their faults;
i/ Other obligations
provided for by law.
Article
59.- Evaluation and approval of work
construction designs
1. Basic designs must
be evaluated by the competent State management agency in charge of construction
upon approving work construction investment projects.
2. Subsequent
designing steps shall be evaluated and approved by the investors but must not
be contrary to the already approved basic designs.
3. Persons who
evaluate and approve designs shall be held responsible before law for their
evaluation and approval results.
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Article
60.- Changes in work construction designs
1. The already
approved work construction designs shall be changed only in cases where the
adjustment of work construction investment projects requires changes in designs
or in other necessary cases.
2. Persons competent
to decide on changes in designs shall be held responsible before law for their
own decisions.
3. The Government
specifies the changes in work construction designs.
Article
61.- Archival of construction work
designing dossiers
1. Construction work designing
dossiers must be archived. Archival duration shall correspond to lifetime of
works.
2. For construction
works of important historical, political, economic, cultural, scientific and
technical, defense and security significances, the work designing dossiers must
be perpetually kept in the national archives.
3. The Government
specifies the archival of construction work designing dossiers.
Chapter
V
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Section
1. CONSTRUCTION PERMITS
Article
62.- Construction permits
1. Before starting the
construction of works, the investors must obtain construction permits, except
for the construction of the following works:
a/ Works involving the
State secrets, works constructed under emergency orders, makeshift works in
service of the construction of principal works;
b/ Works constructed
along the routes not running through urban areas but in line with the
construction planning and with construction investment projects already
approved by competent State agencies;
c/ Small-sized
technical infrastructures in deep-lying and remote communes;
d/ Separate dwelling
houses in deep-lying and remote areas not in urban areas, densely populated
quarters or rural population quarters for which no construction planning has
been approved;
dd/ Works undergoing
repair, renovation or installation of interior equipment, which does not alter
the architecture, force-bearing structure and safety of works.
2. For separate
dwelling houses in rural areas, regulations on construction permits must
conform with actual situation of such localities. The district-level People's
Committees shall specify the densely populated quarters in geographical areas
where construction permits are required.
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Article
63.- Dossiers of application for
construction permits
1. Depending on the
nature and size of works, a dossier of application for construction permit
comprises the following principal documents:
a/ An application for
construction permit;
b/ Work construction
designing drawings;
c/ Papers on the land
use right according to the land legislation.
2. For works and
separate dwelling houses specified in Clause 3, Article 62 of this Law, the
dossiers of application for work construction permits must, apart from documents
prescribed in Clause 1 of this Article, also included written commitments of
the construction work owners to dismantle their works when the State implements
the construction planning.
Article
64.- Contents of construction permits
1. Principal contents
of a construction permit include:
a/ Location and
position for the work construction, the work construction line;
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c/ Work construction
landmarks;
d/ Red-line
demarcation and construction demarcation boundaries;
dd/ Environmental and work
safety protection;
e/ For civil works and
industrial works in urban areas, apart from the contents specified at Points a,
b, c, d and e, Clause 1 of this Article, there must be contents on ground area
for work construction, height of each story, maximum height of the entire work,
colors of the work.
g/ Other contents
prescribed for each type of work;
h/ Validity of the
permit.
2. The Government
specifies the granting of work construction permits.
Article
65.- Conditions for granting permits for
construction of urban works
The granting of
permits for construction of urban works must meet the following conditions:
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2. Observing the
regulations on red-line demarcation and construction demarcation boundaries;
urban designing; meeting the requirements on safety of adjacent works; ensuring
the corridor for protection of traffic works, irrigation works, dikes, energy
works, cultural heritage zones, historical-cultural relics and zones for protection
of other works according to law provisions;
3. Construction works
and separate dwelling houses in cultural heritage conservation zones and
historical-cultural relics must ensure rational construction density, land
areas for greenery, parking places and must not affect landscapes and the
environment;
4. Works repair or
renovation must not affect the structure of the adjacent works, must ensure the
prescribed distances to neighboring works, water supply and drainage, air
ventilation, lighting, environmental sanitation, fire and explosion prevention
and fighting;
5. Ensuring the
prescribed distances, for sanitaries, toxic chemical depots and other works
which may cause environmental pollution, so as not to affect users of adjacent
or neighboring works;
6. When street
thoroughfares are constructed or renovated, the systems of underground tunnels
must be built for installation of synchronous systems of technical
infrastructures; road-surface construction landmarks must comply with the
construction landmarks of the construction planning and urban designs;
7. For high-rises of
special grade or grade I, there must be designs of basements, except for other
cases requiring separate basement designing;
8. For make-shift
construction works, the granting of construction permits must comply with the
provisions of Clause 3, Article 62 and Clause 2, Article 63 of this Law.
Article
66.- Competence to grant construction
permits
1. The
provincial-level People's Committees grant construction permits for large-sized
construction works, works with particular architecture, religious works and
other construction works within the administrative boundaries under their
respective management according to the Government's regulations.
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3. The commune-level
People's Committees grant construction permits for separate dwelling houses in
rural population quarters under the already approved construction plannings and
population quarters which, according to the regulations of the district-level
People's Committees, require construction permits, within the administrative
boundaries under their respective management.
Article
67.- Responsibilities of the agencies
granting construction permits
1. To publicly post up
and guide the regulations on granting of construction permits.
2. To grant
construction permits within no more than 20 working days after receiving
complete and valid dossiers; for separate dwelling houses, the above-said time
limit shall not exceed 15 days.
3. To inspect the
execution of construction according to permits, suspend the construction and/or
withdraw construction permits when the work construction investors commit
violations.
4. Persons competent
to grant construction permits shall be held responsible before law and make
compensations for damage caused by their wrong granting or delayed granting of
construction permits.
5. To notify the
competent agencies not to provide electricity; water, business and other
services for works constructed not under planning, constructed without permits
or constructed not in compliance with the granted construction permits.
6. To settle
complaints and denunciations about the granting of construction permits.
Article
68.- Rights and obligations of
construction permit applicants
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a/ To request the
construction permit-granting agencies to explain, guide and implement strictly
the regulations on construction permit granting;
b/ To lodge complaints
and denunciations against law-breaking acts in the construction permit
granting;
c/ To start the
construction of works if after the time limit prescribed in Clause 2, Article
67 of this Law the permit-granting agencies give no written reply and the
conditions prescribed in Clauses 1, 3, 4, 5, 6 and 7, Article 72 of this Law
are fully met.
2. Construction permit
applicants have the following obligations:
a/ To submit complete
construction permit application dossiers and pay fully the permit-granting fee;
b/ To bear
responsibility for the truthfulness of construction permit application
dossiers;
c/ To notify in
writing the construction starting date to the People's Committees of communes
where works are to be constructed within seven working days before starting the
work construction;
d/ To observe strictly
the contents of the construction permits; to obtain approval of the
construction permit-granting agencies when making adjustments or changes in the
designs.
Section
2. GROUND CLEARANCE FOR WORK CONSTRUCTION
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The ground clearance
for work construction must satisfy the following requirements:
1. The construction
ground clearance must be planned. Plans on construction ground clearance shall
be expressed in work construction investment projects and approved
simultaneously with such work construction investment projects;
2. For projects
requiring the resettlement, the plans or projects on resettlement must be
worked out and executed before the ground clearance;
3. The scope of
construction ground clearance must conform with the construction detailed
planning and the approved construction investment projects;
4. The time limit for
construction ground clearance must comply with the requirements on the progress
of executing the approved projects or the competent persons' decisions.
Article
70.- Principles for property compensation
for work construction ground clearance
1. The property
compensation for construction ground clearance must ensure the State's
interests, legitimate rights and interests of the concerned organizations and
individuals. For dwelling houses of organizations and individuals, there must
be stable new places of residence with conditions equal to or better than the
old places, supports in job creation and life stabilization for persons subject
to re-settlement, except for cases where the concerned parties otherwise agree
upon.
2. The property
compensation for construction ground clearance shall be made in one or a
combination of forms, i.e. in money, with land use right or dwelling house
ownership right and must ensure the fairness, publicity, transparency and
legality.
3. For case of
property compensation for ground clearance for construction of technical
infrastructures in urban areas, the construction ground clearance plans must
ensure both the construction of new works and the embellishment of existing
roadside works according to the approved construction detailed planning; and
ensure that the State can regulate the land value difference after the ground
clearance and work construction investment.
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a/ Illegally
encroached land;
b/ Construction works
built in contravention of permits, architectures, trees, cash crops and other
assets appearing or arising within the planned construction ground after the
construction plannings are publicized;
c/ Other cases
prescribed by the land legislation.
Article
71.- Organization of the work construction
ground clearance
1. When organizing the
work construction ground clearance, construction ground clearance compensation
councils must be set up.
2. For case of
construction ground clearance under the approved construction plannings while
no work construction investment projects are available, the construction ground
clearance compensation shall be made as follows:
a/ The competent
People's Committees shall organize the ground clearance through the
construction ground clearance compensation councils set up by themselves or
assign the enterprises specialized in ground clearance to perform such task;
b/ Funding for ground
clearance is allocated from the State budget or mobilized and retrieved upon
the assignment or lease of land to work construction investors having projects
on the cleared ground;
c/ Duration for
construction ground clearance shall comply with the local socio-economic
development requirements and the competent persons' decisions.
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a/ For investment
projects for business purposes, the construction ground clearance compensation
councils set up principally by the work construction investors in coordination
with the competent People's Committees shall organize the ground clearance; for
work construction investment projects not for business purposes but in service
of the community, the construction ground clearance compensation councils set
up principally by the competent People's Committees in coordination with the
work construction investors shall organize the ground clearance;
b/ Funding for ground
clearance shall be taken directly from the work construction investment
projects;
c/ The duration for
construction ground clearance must satisfy the execution progress of the
approved work construction investment projects.
4. The Government
prescribes the principles, methods and brackets of property compensation rates
applicable to the construction ground clearance, which shall serve as basis for
the provincial-level People's Committees to determine compensation rates in
their respective localities.
5. Organizations and
individuals having assets within the construction grounds, for which the compensation
has been made in strict compliance with regulations, but failing to abide by
the ground clearance decisions, shall be coerced to do so and bear all expenses
for the coercion.
6. Those who
intentionally act in contravention of the regulations on property compensation
for construction ground clearance for self-seeking purposes or cause damage to
assets of the State, organizations and/or individuals shall, depending on the
seriousness of their violations, be disciplined or examined for penal liability,
or if causing damage, they shall have to make compensations therefor according
to law provisions.
Section
3. CONSTRUCTION OF WORKS
Article
72.- Conditions for starting the work
construction
Construction works
shall be started only when they meet the following conditions:
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2. Having construction
permits, for works requiring construction permits as prescribed, except for the
cases prescribed at Point c, Clause 1, Article 68 of this Law;
3. Having the approved
construction drawing designs of items or works;
4. Having construction
contracts;
5. Having adequate
capital sources to ensure the work construction progress according to the
progress already approved in the work construction investment projects;
6. Having measures to
ensure the safety and environmental sanitation in the construction course;
7. For new urban
areas, depending on their characteristics and sizes, the technical
infrastructures must be partially or wholly constructed before the work
construction is started.
Article
73.- Conditions for carrying out the work
construction
1. Contractors, when carrying
out the work construction, must meet the following conditions:
a/ Having registered
the work construction operation;
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c/ Having
construction-site commanders with appropriate capability for practicing the
work construction profession;
d/ Having construction
equipment up to the work safety and quality requirements.
2. Individuals who
organize by themselves the construction of separate dwelling houses with the
total construction floor area of under 250 m2 each or less than three stories
must have capability for practicing the work construction profession and bear
responsibility for quality, safety and environmental sanitation.
Article
74.- Requirements on construction sites
Signboards must be put
up on all construction works at the construction sites. The contents of
signboards include:
1. Names of work
construction investors, total investment capital, data of construction
commencement and date of construction completion;
2. Names of
constructing units, names of construction-site commanders;
3. Names of designing
units, names of designing managers;
4. Names of
organizations or persons supervising the work construction;
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Article
75.- Rights and obligations of work
construction investors in the work construction
1. Work construction
investors have the following rights in the work construction:
a/ To carry out the
work construction themselves if they have full and appropriate capability for
work construction activities;
b/ To negotiate, sign
and supervise the performance of, contracts;
c/ To suspend the
performance of, or terminate, contracts with construction contractors according
to law provisions;
d/ To stop the work
construction and request remedies for consequences caused by violations of the
regulations on work quality, safety and environmental sanitation committed by
the work construction contractors;
dd/ To request the
concerned organizations and individuals to coordinate in performing jobs in the
course of work construction;
e/ Not to pay for the
value of low-quality or unreasonably arising construction volumes;
g/ Other rights
provided for by law.
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a/ To select contractors
having full and appropriate capability for work construction to carry out work
construction activities;
b/ To join the
competent People's Committees or assume the prime responsibility for, and
coordinate with the competent People's Committees in, clearing and handing over
the construction grounds to the work construction contractors;
c/ To organize the
supervision of work construction;
d/ To examine the
measures to ensure the safety and environmental sanitation;
dd/ To organize the
pre-acceptance test, payment and settlement of works;
e/ To hire consultancy
organizations having full construction operation capability to test the quality
of works when necessary;
g/ To examine and
decide on contractors' proposals related to designs in the course of work construction;
h/ To respect the work
design copyright;
i/ To purchase the
insurance for works;
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l/ To make
compensations for damage caused by contract breaches to the work construction contractors,
pre-acceptance tests with untruthful results on work quality and other acts of
violation causing damage due to their faults;
m/ To bear
responsibility for their own decisions; to be responsible for ensuring the set
work construction progress, quality and efficiency;
n/ Other obligations
provided for by law.
Article
76.- Rights and obligations of work
construction contractors
1. Work construction
contractors have the following rights:
a/ To reject unlawful
requests;
b/ To propose design
modifications to make designs more suitable to realities, thus ensuring quality
and efficiency of works;
c/ To request the
payment for value of completed construction volumes strictly according to the
contracts;
d/ To stop the work
construction if the employers fail to strictly perform their commitments in the
signed contracts, thus causing obstacles and damage to contractors;
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e/ Other rights
provided for by law.
2. Work construction
contractors have the following obligations:
a/ To properly perform
the signed contracts;
b/ To carry out the
construction strictly according to the designs, construction standards,
ensuring quality, progress, safety and environmental sanitation;
c/ To compile work
construction diaries;
d/ To test
construction materials and products;
dd/ To manage
construction workers in the construction sites, ensure security and order,
without affecting the surrounding population quarters;
e/ To make construction
completion drawings and take part in the pre-acceptance test of works;
g/ To provide work
warranty;
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i/ To make
compensations for damage caused by breaches of contracts, use of construction
materials of wrong categories or construction activities which are not up to
the standards or cause environmental pollution, and other acts of violation
causing damage due to their faults;
k/ To bear
responsibility for the quality of construction works they are in charge of;
l/ Other obligations
provided for by law.
Article
77.- Rights and obligations of designing
contractors in the work construction
1. Designing
contractors have the following rights in the work construction:
a/ The rights provided
for in Clause 1, Article 58 of this Law;
b/ To request the work
construction investors and work construction contractors to strictly comply
with their designs;
c/ To reject requests
for unreasonable design changes of the work construction investors;
d/ To refuse to make
pre-acceptance test of works or work items if they are constructed not
according to the designs.
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a/ The obligations
provided for in Clause 2, Article 58 of this Law;
b/ To appoint fully
capable persons to exert the author's supervision according to regulations;
persons appointed by the designing contractors to perform the task of author's
supervision shall be held responsible before law for their acts of violations
in the course of performing the obligation of author's supervision and have to
compensate for damage caused due to their faults;
c/ To take part in the
pre-acceptance test of works at requests of the work construction investors;
d/ To consider and
solve irrationalities in the designs at requests of the work construction
investors;
dd/ To detect and
promptly notify to the work construction investors of the work construction
contractors' construction not in accordance with the approved designs and
propose handling measures.
Article
78.- Safety in the work construction
In the course of work
construction, the work construction contractors shall have to:
1. Apply measures to
ensure safety for people, machines, equipment, assets and works under
construction, underground works and adjacent works; machines and equipment in
service of construction must go through safety tests before being used;
2. Apply separate
technical safety measures to work items or jobs with stringent safety
requirements;
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Article
79.- Assurance of environmental sanitation
in the work construction
In the course of work
construction, the work construction contractors shall have to:
1. Apply measures to
ensure the environmental sanitation in the course of work construction,
including requirements on air environment, water environment, solid waste,
noise and other requirements on environmental sanitation;
2. Make compensations
for damage caused by environmental sanitation-related violations they commit in
the course of construction and transport of construction materials;
3. Comply with other
provisions of the legislation on environmental protection.
Article
80.- Pre-acceptance test and hand-over of
construction works
1. The pre-acceptance
test of construction works must comply with the following regulations:
a/ Regulations on
management of quality of construction works;
b/ Pre-acceptance test
shall be made upon each job, each part, each stage and each work item and
pre-acceptance test for putting works into use. Particularly for hidden parts
of works, the pre-acceptance test and construction completion drawings must be
made before the subsequent jobs are carried out;
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d/ Works shall be put
into pre-acceptance test for use only when they satisfy the design
requirements, ensure the quality and are up to the prescribed standards.
2. The hand-over of
construction works must comply with the following regulations:
a/ Satisfying the
requirements on principles, contents and order for handing over completed
construction works for being put into use according to the provisions of
construction legislation;
b/ Ensuring safety in
the operation and exploitation when the works are put into use.
3. The work
construction contractors shall have to finish the construction, clear the construction
sites, make construction completion drawings and prepare documents in service
of the pre-acceptance test and hand-over of the works.
4. The work
construction investors shall have to organize the pre-acceptance test and
reception of works. Persons taking part in the pre-acceptance test and
hand-over of works shall bear personal responsibility for products certified by
them in the course of work construction and work hand-over.
Article
81.- Payment and settlement in
construction activities
1. The contractors
shall have to compile dossiers on payment or settlement of already performed
work volumes. The work construction investors shall have to make payment to the
contractors according to the pre-acceptance tested volumes.
2. The work
construction investors shall make the settlement of work investment capital
within 12 months after the works are handed over and put into use, except
otherwise provided for by law.
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4. The Government
specifies the payment and settlement in construction activities.
Article
82.- Warranty for construction works
1. The work
construction contractors shall have to provide warranty for works; the work
equipment supply contractors shall have to provide warranty for work equipment.
2. Contents of
warranty for works include: repair and replacement of damaged or faulty equipment,
correction of abnormal operation of works caused due to the contractors'
faults.
3. The work warranty
duration shall be determined according to work types and grades.
4. The Government
specifies the work warranty duration.
Article
83.- Regular maintenance of construction
works
1. Owners or
use-managers of works shall have to regularly maintain works, machines and work
equipment.
2. The regular
maintenance of works, work facilities and equipment must be conducted according
to the instructions and regulations of the designers and manufacturers.
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4. The Government
specifies the regular maintenance of works.
Article
84.- Construction work incidents
1. In the course of
construction, operation, exploitation or use of works, if work incidents occur,
the work construction contractors, owners or use-managers shall have to:
a/ Stop the
construction, operation, exploitation or use of works, and apply prompt
measures to ensure safety for people and assets;
b/ Apply necessary
measures to limit and prevent further possible dangers to the works and
promptly notify such to the competent and concerned organizations and
individuals;
c/ Protect incident
scenes, except for cases where the incidents must be urgently remedied to limit
damage.
2. Upon receiving
notices on work incidents, the competent organizations and individuals shall,
within the ambit of their respective tasks and powers, have to:
a/ Promptly apply
urgent measures to remedy the incidents;
b/ The competent State
management agencies in charge of construction shall have to designate
organizations with full expertising capability to identify causes of work
incidents and clarify liabilities of subjects causing such work incidents.
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Article
85.- Relocation of works
1. The relocation of a
work must comply with the approved construction planning and ensure its
architectural and quality intactness.
2. Before relocating
works, the work construction investors must apply for permits. Relocation
permits shall be granted by the provincial-level People's Committees.
3. Contractors that
conduct the work relocation shall have to apply measures to ensure the labor
safety and safety for relocated works and adjacent works, as well as the
environmental sanitation.
Article
86.- Dismantlement of construction works
1. The dismantlement
of construction works shall be conducted in the following cases:
a/ For clearance of
grounds for construction of new works; or dismantlement of make-shifts defined
in Clause 2, Article 94 of this Law;
b/ Works are in danger
of collapse, which may affect the community and adjacent works;
c/ Works are
constructed in the areas banned from construction defined in Clause 1, Article
10 of this Law;
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dd/ Other cases
prescribed by law.
2. The dismantlement
of construction works must satisfy the following requirements::
a/ The dismantlement of
works shall only be conducted under decisions of competent State agencies;
b/ The dismantlement
of works must be conducted according to the already approved dismantlement
solutions, ensuring safety and environmental sanitation.
3. Responsibilities of
parties involved in the dismantlement of construction works are prescribed as
follows:
a/ Persons who are
assigned to organize the work dismantlement shall have to implement the
provisions in Clause 2 of this Article; shall be held responsible before law
and have to compensate for damage caused due to their faults;
b/ Persons who
currently own or use works subject to the dismantlement according to the
provisions in Clause 1 of this Article shall have to abide by decisions of
competent State agencies. Those who fail to abide by such decisions shall be
subject to forced dismantlement of their works and bear all expenses for the
dismantlement;
c/ Persons with
responsibility to decide on the work dismantlement shall be held responsible
before law for consequences of their failure to issue decisions, untimely
decisions or illegal decisions.
Section
4. SUPERVISION OF WORK CONSTRUCTION
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1. All construction
works must be subject to the supervision regime in the course of construction.
2. The supervision of
work construction must be conducted to monitor and inspect the quality,
volumes, progress, labor safety and environmental sanitation in the work
construction.
3. The work
construction investors must hire supervision consultants or conduct the
supervision by themselves when they fully satisfy the conditions on capability
for construction supervision activities.
Persons conducting the
construction supervision must have certificates for practicing the construction
supervision profession compatible with jobs, work types and grades.
4. The application of
the supervision regime to the construction of separate dwelling houses is
encouraged.
Article
88.- Requirements on the work construction
supervision
The work construction
supervision must satisfy the following requirements:
1. Being conducted
upon the commencement of the work construction;
2. Being regular and
constant in the course of construction;
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4. Being truthful,
objective and non-self-seeking.
Aricle
89.- Rights and obligations of work
construction investors in the work construction supervision
1. Work construction
investors have the following rights in the work construction supervision:
a/ To conduct the
supervision by themselves when they have full capability for construction
supervision;
b/ To negotiate and
sign contracts, monitor and supervise the performance of contracts;
c/ To change or
request the consultancy organizations to change supervisors in cases where the
supervisors fail to strictly comply with the regulations;
d/ To suspend the
performance of, or terminate contracts on work construction supervision
according to law provisions;
dd/ Other rights
provided for by law.
2. Work construction
investors have the following obligations in the work construction supervision:
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b/ To notify the concerned
parties of the rights and obligations of supervision consultants;
c/ To handle promptly
suggestions of supervisors;
d/ To fully perform
the obligations already agreed upon in the construction supervision contracts;
dd/ Not to act in
collusion or exert their influences to falsify the supervision results;
e/ To keep the
construction supervision results;
g/ To make
compensations for damage caused by selection of supervision consultants who
fail to satisfy the conditions on capability for construction supervision,
inaccurate pre-acceptance volume test, construction not in accordance with
designs and other acts of violation causing damage due to their fault;
h/ Other obligations
provided for by law.
Article
90.- Rights and obligations of work
construction supervision contractors
1. Work construction
supervision contractors have the following rights:
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b/ To request the
construction contractors to properly perform the contracts;
c/ To reserve their
opinions on supervision jobs they undertake;
d/ To reject
unreasonable requests of the concerned parties;
dd/ Other rights
provided for by law.
2. Work construction
supervision contractors have the following obligations:
a/ To perform the
supervision job strictly according to the signed contracts;
b/ Not to accept the
volumes not up to the prescribed quality and technical standards required by
the work designs;
c/ To refuse to
conduct the pre-acceptance test of works if they fail to meet the quality
requirements;
d/ To propose the work
construction investors the designing irrationalities for timely modification;
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e/ Not to act in
collusion with the construction contractors and/or the work construction
investors, and commit other acts of violation to falsify supervision results;
g/ To make compensations
for damage caused by the falsification of supervision results on construction
volumes implemented not in accordance with the designs, not in compliance with
the construction rules and standards, which have not been reported by the
supervisors to the work construction investors or competent persons for
handling, and other damage-causing acts of violation committed due to their
faults;
h/ Other obligations
provided for by law.
Section
5. CONSTRUCTION OF SPECIAL-TYPE WORKS
Article
91.- Special-type construction works
Special-type
construction works include:
1. State-secret works;
2. Works constructed
under urgent orders;
3. Make-shift works.
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1. State-secret works
shall be constructed with requirements to protect the secrets in construction
activities, in the defense, security, economic, scientific and technological
and other domains.
2. Persons assigned to
manage and construct State-secret works shall have the right to decide on and
be responsible for constructing and organizing the construction of works from
the stages of project formulation, survey, designing, construction and
construction supervision of works to the stage of pre-acceptance test and
putting of works into use.
3. The Government
shall decide on the construction of each State-secret work whenever there
appears the demand therefor.
Article
93.- Construction of works under urgent
orders
1. Works constructed
under urgent orders shall be constructed to promptly meet the requirements of
the natural calamity and enemy sabotage prevention and combat, and other urgent
requirements according to the regulations of the Government.
2. Persons assigned to
manage the construction of works under urgent orders may decide by themselves
the order of survey, designing and construction, suitable to the requirements
of emergency circumstances, and shall be responsible for constructing and
organizing the construction of such works, in order to minimize the possible
human and material losses.
Article
94.- Construction of make-shift works
1. Make-shift works
shall be constructed and allowed to exist only for a given duration.
2. Make-shift works
include:
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b/ Works and separate
dwelling houses permitted to be constructed for a definite duration under the
planning, for which construction grounds have not yet been cleared.
3. For make-shift
construction works in service of main construction works, within thirty days
after the main construction works are put into use, the owners of make-shift
construction works shall have to dismantle such works by themselves, except for
cases where make-shift works in service of main construction works are
large-sized works or population quarters which conform with the approved
construction plannings. For works and separate dwelling houses permitted to be
constructed for a definite duration, when the duration inscribed in make-shift
construction permits expires, the owners of such works shall have to dismantle
their works by themselves. If they fail to voluntarily dismantle their works,
they shall be forced to do so and have to bear all expenses for the forced
dismantlement and are not entitled to compensation.
Chapter
VI
SELECTION OF
CONSTRUCTION CONTRACTORS AND CONTRACTS
Section
1. SELECTION OF CONSTRUCTION CONTRACTORS
Article
95.- Selection of contractors in
construction activities
1. Selection of
contractors in construction activities shall be made for jobs, groups of jobs
or all jobs of formulation of construction detailed plannings, formulation of
work construction investment projects, survey, designing, construction,
supervision and other construction activities.
2. The selection of
contractors aims to find contractors, general contractors and sub-contractors
having full capability for construction operation or construction profession
practice compatible with work types and grades.
3. Principal
contractors or general contractors may assign part of contractual jobs to
sub-contractors. Sub-contractors must have corresponding adequate capability
for construction operation or construction profession practice and be accepted
by the work construction investors; sub-contractors must not assign the whole
job or principal job under contracts to other contractors.
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Article
96.- Requirements on the selection of
contractors in construction activities
1. The selection of
contractors must satisfy the following requirements:
a/ Achieving the
efficiency of work construction investment projects;
b/ Choosing
contractors who fully meet the conditions on appropriate capability for
construction operation or construction profession practice, and offer
reasonable contracting prices;
c/ Objectivity,
publicity, fairness and transparency.
2. Investment deciders
and work construction investors may decide on modes of contractor selection.
Article
97.- Modes of selection of contractors in
construction activities
Depending on the size,
characteristics and capital sources for construction of works, investment
deciders or work construction investors may select contractors by the following
modes:
1. Unlimited bidding,
limited bidding;
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3. Selection of
contractors for construction work architecture designing.
Article
98.- Requirements on bidding in
construction activities
1. Bidding in
construction activities aims to select appropriate contractors, thus ensuring
the competitiveness.
2. Bidding shall be
held only when capital sources for work execution are determined.
3. The bidding
duration must not be prolonged in order to ensure the set progress and
efficiency of work construction investment projects.
4. Bid-winning parties
must have optimal technical and technological schemes and reasonable tender
prices.
5. Domestic
contractors participating in international biddings in Vietnam shall enjoy the
preferential regimes provided for by the Government.
6. It is prohibited to
use the legal person status of other organizations to participate in biddings;
pre-fix, purchase and sell bids; exert one's influence to falsify bidding
results or offer tender prices lower than construction costs of works.
Article
99.- Unlimited biddings in construction
activities
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2. Bid inviters must
publicize on the mass media the conditions and time limit for submitting the
bidding dossiers.
3. Bidders shall be
allowed to participate in biddings only when they fully satisfy the conditions
on capability for construction operation or construction profession practice
compatible with work types and grades according to the conditions notified by
the bid inviters.
4. Bid inviters shall
have to announce on the mass media the bid evaluation results and bid-winning
prices.
Article
100.- Limited bidding in construction
activities
1. Limited bidding
shall be held to select construction consultancy contractors and work
construction contractors for construction works with high technical
requirements from a limited number of contractors fully satisfying the
conditions on capability for construction operation or construction profession
practice invited to participate in biddings.
2. For work
construction investment projects or works financed with the State capital, two
or more enterprises of the same corporation, a corporation and a member
company, a parent company and an affiliated company, a joint-venture enterprise
and a capital contributor thereto shall not be allowed to participate together
in bidding in a bidding package.
Article
101.- Contractor appointment in
construction activities
1. Investment deciders
or work construction investors may directly appoint an organization or
individual fully satisfying the conditions on capability for construction
operation or construction profession practice to perform jobs or construct a
work at reasonable prices in the following cases:
a/ State-secret works,
work constructed under urgent orders, make-shift works;
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c/ Small-sized and
simple jobs, construction works or work items, as provided for by the
Government;
d/ Renovation,
embellishment and restoration of cultural heritage works, historical-cultural
relics;
dd/ Other special
cases permitted by the persons competent to decide investment.
2. Persons competent
to appoint contractors shall be held responsible before law for the selection
of contractors with full capability for construction operation or construction
profession practice.
3. Organizations and
individuals appointed as contractors must have full capability for construction
operation or construction profession practice compatible with jobs, work types
and grades; and have a healthy and transparent financial status.
Article
102.- Selection of construction work
architecture designing contractors
1. The selection of
construction work architecture designing contractors shall apply to the
construction works defined in Article 55 of this Law.
2. Authors of selected
architecture designing plans are given priority to perform the subsequent
designing steps if they have full capability for construction designing
operation or work construction designing practice.
Article
103.- Selection of general contractors in
construction activities
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a/ Designing general
contractors for performing all jobs of work construction designing;
b/ Construction
general contractors for performing all jobs of work construction;
c/ General contractors
for performing all jobs of designing and construction of works;
d/ General contractors
for performing all jobs of designing, supply of materials and equipment and
construction of works;
dd/ Turn-key general
contractors for performing jobs in package from project formulation to
designing, supply of materials and equipment and construction of works.
2. Independent
contractors or partnerships participating in bidding in construction activities
must fully satisfy the conditions on capability for construction operation
compatible with work type and grade according to the provisions of this Law.
3. For cases where the
form of general contractors defined in Clause 1 of this Article is applied, the
general contractors must appoint persons fully satisfying the conditions on
capability for construction profession practice to coordinate all jobs of the
general contractors.
Article
104.- Rights and obligations of bid
inviters
1. Bid inviters have
the following rights:
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b/ To select
bid-winning contractors or cancel results of the selection of contractors
according to the provisions of bidding legislation;
c/ Other rights
provided for by law.
2. Bid inviters have
the following obligations:
a/ To compile bidding
dossiers and bidding plans compatible with contents of the approved work
construction investment projects;
b/ To examine the declaration
of the capability for construction operation or capability for construction
profession practice and financial status of the chosen bidders;
c/ To supply in full
and on time capital sources for performing jobs according to schedule;
d/ To notify necessary
requirements to the bidders and strictly observe the notified contents;
dd/ To publicize
bid-winning units and bid-winning prices for construction works funded with the
State capital after contractor selection results are obtained;
e/ To purchase
insurance for works;
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h/ To be held
responsible before law for acts of pre-fixing, purchasing and/or selling bids,
disclosing information upon the bid consideration or conniving with contractors
and other acts of violation of the bidding legislation.
i/ Other obligations
provided for by law.
Article
105.- Rights and obligations of bidders
1. Bidders have the
following rights:
a/ To participate in
bidding as independent contractors or in partnership with other contractors;
b/ To request the
supply of information or survey sites in order to compile bid dossiers;
c/ To lodge complaints
or denunciations when detecting acts of violating the regulations on selection
of contractors;
d/ Other rights
provided for by law.
2. Bidders have the
following obligations:
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b/ To be held responsible
before law for their acts of violating the provisions in Clause 6, Article 98
of this Law;
c/ To compensate for
damage caused by their acts of violation, which lead to prolongation of bidding
or re-bidding;
d/ To underwrite bids
according to regulations;
dd/ Other obligations
according to provisions of law.
Article
106.- Responsibilities of work
construction investment deciders in the contractor selection
1. To inspect and
handle violations and settle complaints and denunciations in the contractor selection.
2. To suspend the
contractor selection, cancel the contractor selection results when detecting
violations in the contractor selection.
3. To be held
responsible before law for and make compensations for damage caused by their
decisions.
Section
2. CONTRACTS IN CONSTRUCTION ACTIVITIES
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1. Contracts in
construction activities are established for jobs of elaboration of construction
plannings, formulation of work construction investment projects, construction
surveys, work designing, supervision and construction of works, management of
work construction projects and other jobs in construction activities.
2. Contracts in
construction activities are established in writing in compliance with the
provisions of this Law and other relevant law provisions.
3. Depending on the
sizes and characteristics of works, types of jobs, relations between parties,
contracts in construction activities may have many types with different
contents.
Article
108.- Principal contents of contracts in
construction activities
A contract in
construction activities includes the following principal contents:
1. Content of the job
to be performed;
2. Quality and other
technical requirements of the job;
3. Performance duration
and schedule;
4. Conditions for
pre-acceptance test and hand-over;
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6. Warranty duration;
7. Liability for
contract breaches;
8. Other agreements
according to each type of contract;
9. Language used in
the contract.
Article
109.- Adjustment of contracts in
construction activities
1. Contracts in
construction activities shall be adjusted only when the investment deciders so
permit in the following cases:
a/ When work
construction investment projects change;
b/ When the State
changes the relevant policies;
c/ Force majeure
circumstances.
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Article
110.- Contractual rewards, fines for
contractual breaches and settlement of contractual disputes in construction
activities
1. The contractual
rewards or fines for contractual breaches must be inscribed in the contracts.
2. For works
constructed with the State capital source, the reward level must not exceed 12%
of the value of the profitable contract part and the fine level must not exceed
12% of the value of the breached contract part. Reward funding source shall be
deducted from the profits brought about by the early use or exploitation of
quality works or rational savings of expenses for the performance of contracts.
3. In cases where
contractual disputes arise in construction activities, the disputing parties
shall have to negotiate and settle them by themselves. In cases where the
parties fail to reach an agreement, the settlement of disputes shall be made
through conciliation, arbitration or court proceedings according to law
provisions.
Chapter
VII
THE STATE
MANAGEMENT OVER CONSTRUCTION
Article
111.- Contents of the State management
over construction
1. Elaborating, and
directing the implementation of, strategies and plans on development of
construction activities.
2. Promulgating, and
organizing the implementation of, legal documents on construction.
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4. Managing quality
and archiving construction work dossiers.
5. Granting and
withdrawing assorted permits in construction activities.
6. Guiding, examining,
inspecting and settling complaints and denunciations, and handling violations
in construction activities.
7. Organizing
scientific and technological research in construction activities.
8. Training human
resources for construction activities.
9. Entering into international
cooperation in construction activities.
Article
112.- Agencies performing the State
management over construction
1. The Government
performs the uniform State management over construction throughout the country.
2. The Ministry of
Construction is answerable to the Government for the performance of uniform
State management over construction.
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4. The People's
Committees of all levels shall have to perform the State management over
construction in their respective localities according to the Government's
decentralization.
Article
113.- The Construction Inspectorate
1. The Construction
Inspectorate is the specialized inspectorate in charge of construction.
2. The organization
and operation of the Construction Inspectorate are prescribed by the
Government.
Article
114.- Tasks of the Construction Inspectorate
The Construction
Inspectorate has the following tasks:
1. To inspect the
observance of the construction legislation;
2. To detect, prevent
and handle according to its competence or propose the competent State agencies
to handle violations of the construction legislation;
3. To verify and
propose the competent State agencies to settle construction-related complaints
and denunciations.
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1. The Construction
Inspectorate has the following rights:
a/ To request
concerned organizations and individuals to supply documents and explain
necessary matters;
b/ To request the
examination of contents related to the quality of works in case of necessity;
c/ To apply deterrent
measures according to law provisions;
d/ To make written
records on inspection and handle violations according to its competence or
propose the competent State management agencies to take handling measures;
dd/ Other rights
according to the provisions of law.
2. The Construction
Inspectorate has the following responsibilities:
a/ To perform the
inspection functions, tasks, order and procedures as prescribed;
b/ To produce
inspection decisions, inspector's cards to inspected subjects. The inspection
must be recorded in writing;
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d/ To perform other
responsibilities prescribed by law.
Article
116.- Rights and obligations of
organizations and individuals subject to inspection
1. Organizations and
individuals subject to inspection have the following rights:
a/ To request
inspectors or inspection teams to clearly explain the inspection requirements;
b/ To lodge complaints
and denunciations against law-breaking acts in inspection activities of
inspectors.
2. Organizations and
individuals subject to inspection have the following obligations:
a/ To create
conditions for inspectors and inspection teams to perform their tasks;
b/ To supply
documents, explain necessary contents and abide by conclusions of the
Construction Inspectorate.
Article
117.- Right to lodge complaints and
denunciations and responsibilities to settle them
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2. The competent State
management agencies in charge of construction of all levels shall have to
settle complaints and denunciations of organizations and individuals under
their management. In cases where they receive complaints and denunciations
beyond their competence, they shall have to forward them to the competent
agencies and organizations for settlement and notify such in writing to the
complainants and denouncers.
Article
118.- Complaints and denunciations and the
settlement thereof
1. The complaints and
denunciations and the settlement thereof shall comply with the provisions of
the legislation on complaints and denunciations.
2. In the duration of
complaints, denunciations or lawsuits, organizations and individuals shall
still have to execute administrative decisions of the competent State
management agencies in charge of construction. When decisions on settling
complaints or denunciations are issued by the competent State management
agencies in charge of construction or decisions or judgments of courts take
legal effect, they have to abide by such decisions or judgments.
Chapter
VIII
COMMENDATION
AND HANDLING OF VIOLATIONS
Article
119.- Commendation
Organizations and
individuals that record achievements in the construction management or
construction activities shall be commended and/or rewarded according to law
provisions.
Article
120.- Handling of violations
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2. Works constructed
at variance with plannings, works constructed without construction permits or
not in compliance with granted construction permits, for works requiring the
construction permits as prescribed, shall be entirely dismantled or have their
violating parts dismantled.
Chapter
IX
IMPLEMENTATION
PROVISIONS
Article
121.- Handling of works constructed before
the Construction Law takes effect and not in compliance with the provisions of
this Law
The works constructed
before the Construction Law takes effect and not in compliance with the
provisions of this Law shall be handled as follows:
1. Construction works
currently existing in conformity with the plannings but with inappropriate
architecture shall be allowed to exist in their current state. The renovation,
upgrading or repair of such works must comply with the provisions of this Law.
2. Construction works
currently existing not in conformity with the plannings shall have handled as
follows:
a/ Work owners shall
be considered by the competent State agencies for being granted temporary
construction permits with definite terms consistent with the implementation
duration of the plannings when they wish to renovate, upgrade or repair their
works;
b/ For works being
relocated to the already planned areas, work owners shall enjoy compensations
and supports according to law provisions.
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Article
122.- Implementation effect
This Law shall take
effect as from July 1, 2004.
Article
123.- Implementation guidance
The Government shall
detail and guide the implementation of this Law.
This Law was passed on
November 26, 2003 by the XIth National Assembly of the Socialist
Republic of Vietnam at its 4th session.
CHAIRMAN
OF THE NATIONAL ASSEMBLY
Nguyen Van An