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THE GOVERNMENT
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SOCIALIST
REPUBLIC OF VIETNAM
Independence - Freedom - Happiness
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No. 59/2015/ND-CP
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Hanoi, June 18,
2015
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DECREE
ON CONSTRUCTION
PROJECT MANAGEMENT
Pursuant to the Law on Government organization
dated December 25, 2001;
Pursuant to the Law on Construction dated June
18, 2014;
Pursuant to the Law on public investment dated
June 18, 2014;
Pursuant to the Law on urban planning dated June
17, 2009;
At the request of the Minister of Construction;
The Government issues a Decree on construction
project management.
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GENERAL PROVISIONS
Article 1. Scope and regulated entities
1. Scope
This Decree provides guidance on construction
project management (hereinafter referred to as CPM) as prescribed in the Law on
construction dated 2014, including: formulation, appraisal, approval for
projects; execution of projects; and completion and inauguration of the project;
forms and contents of CPM.
Projects funded by official development assistance
(ODA) and concessional loans granted by foreign donors shall comply with this
Decree and regulations on management and use of ODA and concessional loans
granted by foreign donors.
2. Regulated entities
This Decree applies to every domestic agencies,
organizations, and individuals; foreign organizations and individuals carrying
out construction investment within Vietnam’s territory.
Article 2. Interpretation of terms
1. Permanent work or permanent work item of a
construction project means a work or a work item whose scope and performance
have major impact on the project targets.
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3. Construction work having significant impact on
environment means a work of the project prescribed in law on environment
protection and subject to environmental impact appraisal reports.
4. Construction work having significant impact on
scenery means a work subject to competitive examination and recruitment of
architecture designer as prescribed in Article 15 of this Decree.
5. Route-based construction work means a
construction work which is constructed along a given route in one or multiple
administrative divisions, such as: roads; railway; electric transmission lines;
telecommunications cables; oil pipelines, gas pipelines and water supply
system; and other similar works.
6. Residential construction project means a
residential construction project which is carried out according to approved
planning together with synchronous technical and social infrastructure and
comprises at least two residential works.
7. Project manager means a person who is assigned
to hold the position of leader in charge of a particular construction project
by the Director of field-based or area-based project management board
(hereinafter referred to as field-based PMB or area-based PMB) or the legal
representative of the CPM consultancy.
8. Construction operating license means a license
issued to the foreign contractor winning a contract by Vietnamese competent
agencies as prescribed in regulations of law.
9. Construction permit by stages means a license
issued to the investor to construct each work item, such as: foundation, piles,
and main structures; or carry out each work of the construction project.
10. Foreign contractor means a foreign organization
having civil legal capacity or a foreign individual the having civil legal
capacity to conclude and execute the contract. Civil legal capacity and civil
dispositive capacity of the foreign contractor shall be determined according to
the law of their home country. The foreign contractor may be a general
contractor, a prime contractor, a partnership contractor or a sub-contractor.
11. General contractor executing EPC contract
(Engineering, Procurement and Construction) means a contractor that designs the
installation, procures the technological equipment and execute the construction
of a project.
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13. Executive office means an office of the foreign
contractor that is registered to operate in the local government where the
constructions works are located after the construction operating license is
received. The executive office shall only operate within the term of contract
and it shall be dissolved when the contract expires.
14. Capital derived from loans, bonds, funds, etc
means state capital as prescribed in regulations of law, excluding government
budget capital.
Article 3. Basis rules for CPM
1. Each construction project shall be managed
according to investment plan or policies in accordance with Article 51 of the
Law on Construction dated 2014 and relevant law provisions.
2. Specific regulations on responsibility and
entitlement of State management agencies, investment decision maker, investor
and organizations or individuals related to construction activities of the
project shall be imposed.
3. The project shall be managed in conformity with
types of capital source used for the project as follows:
a) Every construction projects funded by government
budget shall be managed closely, comprehensively and in order to ensure
achievement of investment targets, quality, rate of progress, cost savings and
project proficiency;
b) Investment project in the form of Public –
Private Partner (PPP) of which the construction phase is managed similarly to
the project funded from capital derived from loans, bonds, funds, etc as
prescribed in this Decree and other relevant law provisions;
c) Every construction projects funded from capital
derived from loans, bonds, funds, etc shall be managed by the State in
investment policies, objectives, scope, expenditures, impacts of the project on
scenery, environment, community safety, national defense and security and
efficiency. The investor shall take responsibility for managing the project as
prescribed in this Decree and other relevant law provisions;
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4. Construction investment activities shall be
managed according to the rules prescribed in Article 4 of the Law on
Construction dated 2014.
Article 4. Construction project owner
The construction project owner (below referred to
as project owner) prescribed in Clause 9 Article 3 of the Law on Construction
dated 2014 shall be appointed by the investment decision maker, in particular:
1. With regard to projects decided by the Prime
Minister, the investor shall be appointed by the Prime Minister. The investor
shall exercise entitlement of the person in charge of deciding construction
investment, approving designs and construction estimate.
2. With regard to projects funded by government budget
capital or capital derived from loans, bonds, funds, etc which are decided by
Ministers, Heads of ministerial-level agencies, Governmental agencies, central
agencies of political organizations and socio-political organizations,
Presidents of the provincial People’s Committees, Presidents of People’s
Committees of districts, their investors shall be field-based PMBs or
area-based PMBs which are established as prescribed in Article 63 of the Law on
Construction dated 2014 or agencies, organizations and units that are assigned
to manage and use capital to invest in construction of works. With regard to
projects funded by budget of communes, the investor shall be People’s
Committees of communes. With regard to projects in terms of national defense
and security, the investor shall be appointed by the investment decision maker
in conformity with particular condition.
3. With regard to projects funded by loans, bonds,
funds, etc that decide by economic groups or state-owned general companies, the
investor shall be the field-based PMB or the area-based PMB established by such
companies or organizations and units that are assigned to manage and use
capital to invest in construction of works.
4. With regard to projects funded by other capital
sources, the investors shall be agencies, organizations, and individuals having
capital or applying for loans for construction investment. With regard to
projects funded by combined capital, capital contributors shall reach an
agreement on investors.
5. With regard to PPP projects, the investor shall
be project management enterprises set up in accordance with regulations of law.
Article 5. Classification of construction
projects
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2. Construction projects requiring construction investment
economic-technical reports include:
a) Constructions works used for religious purposes;
b) New, repaired, innovated or upgraded
constructions works with total investment of less than VND 15 billion
(excluding land levies).
3. Construction projects classified according to
their types of capital sources, including: projects funded by government budget
capital and projects funded by capital derived from loans, bonds, funds, etc
and projects funded by other capital source.
Article 6. The construction project phases
1. The construction project shall include following
phases as prescribed in Clause 1 Article 50 of the Law on Construction dated
2014:
a) Pre-construction: formulation, appraisal and
approval of Pre-feasibility study reports (if any); formulation, appraisal and
approval for feasibility study reports or Construction economic-technical
reports to consider making construction investment decision and performance of
other necessary tasks related to pre-construction.
b) Construction: land allocation or land lease (if
any); site investigation, demining (if any); construction survey; formulation,
appraisal and approval for design and construction estimate; issuance of
construction permits (if they are required); selection of contractors and
signing of construction contracts; execution of constructions works;
supervision of work execution; advances or payments of completed constructions
works; constructions work acceptance; transfer of completed constructions works
and putting into operation; operation, testing and performance of other tasks;
c) Completion and inauguration of the project:
termination of the construction contract, constructions work warranties.
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3. Drawings for building design which are appraised
and stamped shall be given to the investor and the investor must archive them
as prescribed in law on archives. The investor must provide construction
authorities with aforesaid drawings at their requests. The investor shall
submit files of drawings and estimates or scanned drawings (modified according
to the appraisal result) to the construction authorities as prescribed in
Clause 13 Article 3 of the Law on Construction dated 2014.
Chapter II
FORMULATION, APPRAISAL AND APPROVAL FOR THE PROJECT
AND METHODS FOR MANAGING THE PROJECT
Section 1: Formulation, appraisal and approval
of the construction project
Article 7. Pre-feasibility study report
1. The investor or agency or organization in charge
of preparation of projects of national importance, projects group A shall
formulate a pre-feasibility study report for decision of construction policies.
In case projects group A (excluding projects of national importance) having
planning approved ensuring contents prescribed in Clause 2 of this Article,
pre-feasibility study report shall not be required.
2. Contents of pre-feasibility study report shall
comply with Article 53 of the Law on Construction dated 2014, in which the
preliminary design in the pre-feasibility study report shall contain:
a) Preliminary design on location; project scale;
location, types and grades of Permanent Works;
b) Preliminary drawings of construction site of
project; horizontal, vertical and cross section of the Permanent Works of the
project;
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d) Preliminary technology lines and technology
equipment (if any).
Article 8. Appraisal of the pre-feasibility
study report and decision on the construction investment policy
1. Regarding projects funded by public investment
capital, the appraisal of the pre-feasibility study report and decision on the
construction investment policy shall comply with law on public investment.
2. Regarding projects group A funded by capital
derived from loans, bonds, funds, etc (excluding projects prescribed in Clause
1 of this Article) that are mentioned in the approved field planning or
construction planning, the investor must send report to the Ministry in charge,
the Ministry of Construction or local government to consider approving additional
planning within their competence or request the Prime Minister to approve the
additional planning before formulation of the pre-feasibility study report as
prescribed.
The agency or organization in charge of appraisal
of the pre-feasibility study report must request approval for the construction
investment policy of Ministry in charge and agencies to synthesize and request
the investment decision maker to consider deciding the construction investment
policy. Time limit for approval for the construction investment policy is
within 20 days from the date on which the application is received.
Article 9. The feasibility study report
1. The investor shall formulate the feasibility
study report as prescribed in Article 54 of the Law on Construction dated 2014
then submit it to the investment decision maker for appraisal of the project
and investment decision, excluding cases prescribed in Clause 4 Article 52 of
the Law on Construction dated 2012 and Clause 2 Article 5 of this Decree.
Regarding PPP project, the feasibility study report
shall be formulated by the agency or organization as prescribed in law on
investment in the form of PPP. Contents of the feasibility study report shall
be formulated as prescribed in this Decree and Decree on investment in the form
of PPP of the Government.
2. Regarding projects funded by public investment
capital, the investor shall formulate the feasibility study report after
receiving the investment policy decision of competent authorities as prescribed
in the Law on public investment.
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4. Regarding construction project for civil
constructions or industrial constructions at places where there is no zoning
plan, detailed construction planning approved by the competent agency, the
investor shall apply for construction planning license as prescribed in Article
47 of the Law on Construction dated for the basis of formulation of the
feasibility study report.
5. If there is any request for compensation, site
clearance and relocation in projects of national importance, projects group A,
when consider approving its pre-feasibility study report, the investment
decision maker shall decide whether to separate or joint following task:
compensation, site clearance or relocation according to particular condition of
the project to give a private project to the local government where the project
is carried out. The formulation, appraisal and approval of above project shall
be carried out similarly to an independent project.
Article 10. Competence in appraisal of the
project and appraisal of the basic design
1. Regarding projects of national importance: The
Prime Minister shall decide to establish the State appraisal council to
appraise pre-feasibility study reports and feasibility study reports as
prescribed in regulations of law.
2. Regarding construction projects funded by
government budget capital:
a) Construction authorities under management of the
Ministry of Construction and the Ministry in charge of field-based Works as
prescribed in Article 76 of this Decree shall take charge of appraisal of
projects group A as prescribed in Article 58 of the Law on Construction dated
2014; Ministries, ministerial-level agencies, Governmental agencies, central
agencies of political organizations or socio-political organizations shall make
investment decisions on projects group B and below. Regarding projects assigned
to the Ministry in charge of field-based Works by the Prime Minister, the
construction authority under management of those Ministries shall carry out the
appraisal;
b) Services of Construction, Services in charge of
field-based Works as prescribed in Article 76 of this Decree shall carry out
the appraisal of projects group B which are located in the province as
prescribed in Article 58 of the Law on Construction dated 2014, excluding the
projects prescribed in Point a and Point c of this Clause;
c) According to the assignment of the People’s
Committee of the province, Committee division of construction management within
the remit of the People’s Committees of districts shall carry out the appraisal
of projects requiring construction economic-technical reports that under
investment decision of the People’s Committees of districts or the People’s
Committees of the communes.
3. Regarding construction projects funded by
capital derived from loans, bonds, funds, etc:
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b) Services of Construction, Services in charge of
field-based Works prescribed in Article 76 of this Decree shall carry out the
appraisal of basic design of projects group B which are located in the province
as prescribed in Clause 2 Article 58 of the Law on Construction dated 2014
(excluding technology design), excluding the projects prescribed in Point a and
Point c of this Clause;
c) According to the assignment of the People’s
Committee of the province, Committee division of construction management within
the remit of the People’s Committees of districts shall carry out the appraisal
of construction drawings and construction estimates (excluding technology
design) of projects requiring construction economic-technical reports that
under investment decision of the People’s Committees of districts or the
People’s Committees of the communes;
d) The authority under management of the investment
decision maker shall carry out the appraisal of technology design (if any);
other contents of the feasibility study report as prescribed in Article 58 of
the Law on Construction dated 2014 and synthesize the appraisal result the
request for the project approval; and carry out the appraisal of repair, innovation,
maintenance and upgrade project with total investment of less than 5 VND
billion.
4. Regarding PPP project, the construction
authority prescribed in Clause 3 of this Article shall carry out the appraisal
of basic design as prescribed in Clause 2 Article 58 of the Law on Construction
dated 2014 (excluding technology design); offer opinions about unit price,
quotas, appraisal of design solutions for cost savings of constructions work
construction; the unit in charge of management of PPP activities under management
of the competent agency signing the project contract shall carry out appraisal
of other contents of the feasibility study report and technology design (if
any) and synthesize the appraisal result of basic design carried out by the
construction authority and request for the project approval.
5. Regarding construction projects funded by other
capital source:
a) Construction authorities under management of the
Ministry of Construction and Ministries in charge of specialized constructions
works as prescribed in Article 76 of this Decree shall take charge of appraisal
of basic designs as prescribed in Clause 2 Article 58 of the Law on
Construction dated 2014 (excluding technology design) of projects group A;
Ministries, ministerial-level agencies, Governmental agencies, central agencies
of political organizations, socio-political organizations, economic groups and
general state-owned companies shall make investment decision on projects group
B and below.
b) Services of Construction, Services in charge of
specialized constructions works as prescribed in Article 76 of this Decree
shall carry out the appraisal of basic designs of construction projects for
public works, Works creating significant impact on scenery, environment and
safety of community regarding Works less than or equivalent to class II and
under that are constructed in the province as prescribed in Clause 2 Article 58
of the Law on Construction dated 2014;
c) The investment decision maker shall carry out
appraisal of the whole project as prescribed in Article 58 of the Law on
Construction dated 2014, excluding appraisal of basic designs carried out by
construction authorities prescribed in Point a and Point b of this Clause.
6. The authority take charge of appraisal of the
project or basic designs (hereinafter referred to as appraising authority)
shall consult relevant agencies or organizations about the content of the
project. The appraising agencies or organizations shall provide opinions in
writing by the deadline about basic designs; fire and explosion prevention;
environment protection; use of land, natural resources, infrastructure
connection and other necessary contents.
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a) The appraising authority may invite specialized
and experienced organizations or individuals to participate in appraisal of
each phase of the project, basic designs, technology design and other contents
of the project;
b) If it fails to carry out the appraisal, the
construction authority or the investment decision maker may request the
investor to select an organization or individual publishing information about
construction capacity on the websites of the Ministry of Construction and
Services of Construction in order for the investor to conclude an appraisal
contract with such organization or individual. If the assessment consultancy
unit has not published information about construction capacity on the websites
of the Ministry of Construction and Services of Construction, they must be
approved by construction agencies affiliated to the Ministry of Construction or
Services of Construction in writing. The organization that provide consultancy
on planning of a project may not assess that same project.
Article 11. Procedures for appraisal of the
project and appraisal of the basic design
1. Regarding construction projects funded by
government budget capital:
a) The investor shall send the documentation of appraisal
of the construction project to the investment decision maker and construction
authority as prescribed in Clause 2 Article 10 of this Decree for appraisal.
The documentation of appraisal of the construction project includes: A written
request for project appraisal using the form No. 1 prescribed in Appendix II
issued herewith; a project documentation, including description and basis
design; and relevant legal documents;
b) Within 5 working days from the date on which the
sufficient project documentation, the construction authority must send the
documentation enclosed with relevant copies to agencies or organizations
prescribed in Clause 6 Article 10 of this Decree for consultation about the
project. When carrying out the appraisal for the project group A in the urban
area, the appraising authority must consult with the Ministry of Construction
about the basis design.
2. Regarding construction projects funded by
capital derived from loans, bonds, funds, etc; or projects funded by other
capital sources requiring appraisal of appraisal basis design:
a) The investor or the unit in charge of management
of PPP activities shall send the basis design documentation of the project to
the investment decision maker and construction authority prescribed in Clause 3
and Clause 4 Article 10 of this Decree for appraisal;
b) Within 5 working days from the date on which the
adequate project documentation, the construction authority must send the
documentation enclosed to agencies or organizations prescribed in Clause 6 Article
10 of this Decree for consultation about the basis design of the project.
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4. Time limit for project appraisal prescribed in
Article 59 of the Law on Construction dated 2014. Time limit for basic design
appraisal: within 60 days regarding projects of national importance, within 30
days regarding projects group A, within 20 days regarding projects group B and
within 15 days regarding projects group C.
5. In case the construction authority request the
investor to select the assessment consultancy unit prescribed in Point b Clause
7 Article 10 of this Decree, within 5 working days from the date on which the
satisfactory documentation is sent, the construction authority must send
notification of issues that need assessing in order for the investor to select
and conclude a contract with the assessment consultancy unit; time limits for
assessment are within 30 days regarding projects of national importance; within
20 days regarding projects group A; within 15 days regarding projects group B
and within 10 days regarding projects group C. The investor must send the
assessment results to the construction authority and the investment decision
maker for appraisal of the project and basic design.
6. The appraising authority must carry out the
appraisal under single-window system in accordance with the Law on Construction
and this Decree. The form of appraisal results of project or basic design shall
comply with form No. 02 and 03 prescribed in Appendix II issued herewith.
Article 12. Approval for project and
construction decision
1. The construction project shall be approved in
the construction decision. Competence in construction decision shall be
prescribed in Article 60 of the Law on Construction dated 2014.
2. The construction decision shall contain:
a) Project name;
b) Investor;
c) The organization that provide consultancy on
planning of a project, survey (if any) and basic design formulation;
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dd) Permanent Works, constructions works and
classifications of constructions works of the project;
e) Location and area of land used;
g) Basic design, technology design (if any),
technical regulations, selected standards;
h) Requirements for natural resources (if any),
operation of constructions works; plan for compensation, site clearance, plan
for environment protection (if any), fire and explosion prevention;
i) Total investment rates and estimated capital.
k) Forms of project management applied.
2. The Ministry of Construction shall provide
guidance on application for project or basic design appraisal and form of
construction decision.
Article 13. Construction economic-technical
reports
1. Only the construction economic-technical report
is required for a construction project prescribed in Clause 2 Article 5 of this
Decree.
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a) A written request for appraisal of appraisal
construction economic-technical reports using the form No. 4 prescribed in
Appendix II issued herewith;
b) Contents of construction economic-technical
reports prescribed in Article 55 of the Law on Construction dated 2014.
3. Appraisal and approval for construction
economic-technical reports:
a) Competence in appraisal of construction
economic-technical reports and construction drawing design and construction
estimates shall comply with Article 10 of this Decree; the form of appraisal
result of economic-technical reports shall use form No. 05 prescribed in
Appendix II enclosed herewith;
b) The specialized agency of the investment
decision maker shall synthesize the appraisal results and submit the project
documentation to the investment decision maker for investment consideration and
decision.
Article 14. Adjustments to the construction
project and the basic design
1. The adjustments to the projects funded by
government budget capital or capital derived from loans, bonds, funds, etc
shall comply with Point b and Point d Clause 1 Article 61 of the Law on
Construction dated 2014#
a) The investor must give demonstration of
additional effect on additional adjustment, including: Finance effect,
socio-economic effect on business projects, projects requiring capital
recovery; effect during construction stage, socio-economic effect on projects
not requiring capital recovery;
b) Basic design of the project shall be adjusted
when the construction planning changes directly affect to construction
location, route, size, and use of constructions works of the project;
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2. Appraisal of the adjusted construction project
or basic design shall comply with Article 11 of this Decree.
3. The investor shall request for adjustments to
the project or basic design in order for the investment decision maker to
consider making decision.
Article 15. Contests or selection of work
architecture designs
1. Public works with large scale or particular
architecture requirements that require contests or selection of architecture
design plans include:
a) public works Class I or special class;
b) Head offices of the Communist Party, the State,
administrative – political centers, or broadcasters;
c) Central railway stations of provinces, or civil
airports;
d) Class II urban traffic works or higher having
high aesthetic requirements (such as overpasses, bridges over rivers, railway
stations in urban areas);
dd) Works located in significant place, or works
with high architecture requirements (monuments, prominent works);
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The organization or individual having architecture
design selected may carry out subsequent design steps if such organization or
individual is qualified as prescribed.
Section 2. Construction project management
Article 16. Organizations in charge of CPM
1. The investment decision maker shall decide
organizations in charge of CPM as prescribed in Article 62 of the Law on
Construction dated 2014.
2. With regard to projects funded by government
budget capital or capital derived from loans, bonds, funds, etc, field-based
construction project management board (hereinafter referred to as field-based
PMB) or area-based construction project management board (hereinafter referred
to as area-based PMB) shall be in charge of CPM as prescribed in Article 63 of
the Law on Construction dated 2014 and Article 17 of this Decree.
In case the investment decision maker assigns the
project investor to manage and use investment capital, the investment decision
maker shall conclude an agreement to hire a field-based PMB or an area-based
PMB as prescribed.
3. With regard to projects funded by ODA or
concessional loans granted by foreign donors, organizations in charge of CPM
shall comply with regulations of international agreements on ODA or agreements
with donors. If the international agreements on ODA or agreements with donors
do not promulgate organizations in charge of CPM, it shall comply with this
Decree.
4. With regard to projects funded by other capital
sources, the investment decision maker shall decide project management form in
conformity with management requirements and actual condition.
5. With regard to PPP projects, the project
management enterprise shall establish organizations in charge of CPM as
prescribed in Article 19 and Article 20 of this Decree.
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1. Ministers, Heads of ministerial-level agencies,
Presidents of People’s Committees of provinces or districts, President of the
Board of Directors of economic groups or state-owned general companies shall
decide to establish field-based PMB or area-based PMB that acts as the investor
and concurrently manage multiple projects funded by government budget capital or
capital derived from loans, bonds, funds, etc.
2. Field-based PMB or area-based PMB shall be
established in following cases:
a) The projects are managed in the same
administrative division or on the same route;
b) The projects relate to the same field;
c) The projects funded by ODA or concessional loans
granted by the same donor that require unified management of capital source.
3. The field-based PMB or area-based PMB which is
established by Ministers, Heads of ministerial-level agencies, or Presidents of
People’s Committees of provinces or districts shall be a public service
provider; and field-based PMB or area-based PMB which is established by the
legal representative of state-owned enterprise shall be a member unit of the
enterprise.
The field-based PMB or the area-based PMB shall
have a complete legal status, use its own seal and open its account at a State
Treasury and a commercial bank as prescribed; exercise rights and fulfill
obligations of the investor and directly manage its assigned projects; take
legal responsibility and take responsibility to the investment decision maker
for its operation; and operation of the completed works as assigned.
4. According to the number of the projects that
need manage, management requirements and actual condition, the organizational
structure of the field-based PMB or the area-based PMB may be established
according to CPM procedures of the project or according to each project.
5. The field-based PMB or the area-based PMB may
provide project management consultancy for other projects provided that it
ensures the fulfillment of the assigned project management and qualified for
management of such projects.
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1. The competent person establishing field-based
PMB or area-based PMB shall decide number, functions, tasks, organizational
structure and operation of field-based PMBs or area-based PMBs, in particular:
a) Regarding Ministries or ministerial-level
agencies: Field-based PMBs or area-based PMBs shall be established suitable for
the field of their management or requirements for infrastructure at
administrative divisions. The organization of field-based PMBs or area-based
PMBs affiliated to the Ministry of National Defense or the Ministry of Public
Security shall be decided by their Ministers that suitable for particular
requirements of field management;
b) Regarding provinces: Field-based PMBs or
area-based PMBs established by the People’s Committee of the province shall
comprise PMBs of civil and industrial works, PMBs of traffic works, and PMBs of
agriculture and rural development. Regarding central-affiliated cities, PMBs of
urban infrastructure and industrial parks or PMBs of urban development may be
established beside aforesaid PMBs.
The People’s Committee of the province shall be in
charge of field-based PMBs or area-based PMBs that it established.
c) Regarding districts: PMBs affiliated to the
People’s Committee of district shall act as the investor and manage projects
decided by the People’s Committee of district;
d) Regarding communes: The People’s Committee of
commune shall act as the investor of the project that it decide investment and
conclude an agreement with the PMB of district or PMB prescribed in Clause 5
Article 17 of this Decree;
dd) Regarding economic groups or state-owned
general companies: field-based PMBs or area-based PMBs shall be established in
conformity with their main business lines or their major administrative
divisions in terms of construction.
2. Field-based PMBs or area-based PMBs shall be
organized in conformity with their tasks, number and scope of their projects
and consist of:
a) The Board of Directors, project managers and
affiliated units that help the field-based PMB or the area-based PMB to act as
the investor and manage the project;
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3. The operation regulation of the field-based PMB
or the area-based PMB shall be approved by the competent person deciding
establishment, which clarifies rights and obligations of departments acting as
the investor and departments managing the project in accordance with the Law on
Construction dated 2014 and relevant law provisions.
4. The Ministry of Construction shall provide
guidance on operation regulations of field-based PMBs or area-based PMBs.
Article 19. Single-project PMB
1. The investor shall decide to establish the
single-project PMB to manage a project group A having special class works, a
high-technology project certified by the Minister of Science and Technology in
writing, a project for national defense and security that requires state
secrets, or a project funded by other capital sources.
2. The single-project PMB is a public service
provider affiliated to the investor which has complete legal status, use its
own seal and open its account at a State Treasury and a commercial bank as
prescribed; exercise rights and fulfill obligations of the investor; take legal
responsibility and take responsibility to the investment decision maker for its
operation.
3. The single-project PMB must be qualified as prescribed
in Clause 3 Article 64 of this Decree and may hire a qualified advisor to
perform a number of its tasks.
4. The investor shall define the functions, tasks,
entitlements and organizational structure of the single-project PMB as
prescribed in Clause 2 Article 64 of the Law on Construction dated 2014.
Article 20. Hiring CPM consultancy
1. In case the field-based PMB or the area-based
PMB is not qualified to perform CPM, it may hire a qualified CPM consultancy as
prescribed in this Decree.
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3. The CPM consultancy may partially or totally CPM
tasks according to the agreement concluded with the investor.
4. The selected CPM consultancy must set up an
office of CPM in the area where the project is carried out and send
notifications of rights and obligations of the representative and the steering
board of CPM to the investor and relevant contractors.
5. The investor must observe the execution of CPM
advising contract, deal with issues arising between the CPM consultancy,
contractors and local governments during the project process.
Article 21. Direct investor in charge of CPM
1. The investor shall use its legal status and
affiliated units to manage directly projects for renovation, repair or upgrade
of small-scale constructions works with less than VND 5 billion in total
investment, projects involved by the community and projects with less than VND
2 billion in total investment whose investor is the People’s Committee of the
commune.
2. Any person engaging in CPM shall work as a
part-time job and have qualifications suitable for their jobs. The investor may
hire any qualified organization or individual to supervise the construction
execution and carry out acceptance of completed work items. Project costs shall
be separately recorded as prescribed in regulations of law.
Article 22. CPM of general contractor
1. EPC contractors or turnkey general contractors
must partially or totally execute the projects according to their agreements
with the investors and be qualified as prescribed in this Decree and relevant
law provisions.
2. Project tasks of general contractors include:
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b) Managing total construction site;
c) Managing construction design, manufacture,
processing and procurement of materials, equipment, technology transfers and
training in operation;
d) Managing the construction stage and connections
with subcontractors;
dd) Regulating the rate of process, inspecting the
labor hygiene and safety and environment protection at the construction site;
e) Carrying out the final acceptance of work items
as completed and transferring them to the investor;
g) Managing other construction activities at the
request of the investor.
3. The general contractor may receive a partial
project management cost as agreed with the investor.
Chapter III
EXECUTION OF CONSTRUCTION PROJECT
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Article 23. Construction design phases
1. Construction design comprises following steps:
preliminary design (for pre-feasibility study report), basic design,
engineering design, construction drawing design and other design steps (if any)
in conformity with international practice decided together with project
investment decision by the investment decision maker.
2. Construction project comprise one or a number of
constructions works, each constructions work has one or a number of
classifications. According to types, classifications of the constructions work
and method for executing the project, the number of phases of construction
design shall be decided by the investment decision maker, particularly:
a) One-step design includes construction drawing
design used in the constructions work requiring construction economic-technical
reports;
b) Two-step design includes basis design and
construction drawing design used in the constructions work requiring
construction project;
c) Three-step design includes basis design,
engineering design and construction drawing design used in the constructions
work requiring construction project, large size, complicated technical
requirements and construction condition;
d) Other-step design (if any) in conformity with
international practice.
3. If there are at least 2 steps in the
construction design of a constructions work, the content and specifications of
two consecutive steps of design must be conformable.
4. With regard to
three-step design, if construction contractor is eligible as prescribed in
regulations of law, it may carry out the construction drawing design step.
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1. Competence in appraisal of construction design
and estimate:
a) Construction authority affiliated to the
Ministry of Construction or Ministry in charge of field-based construction
management prescribed in Article 76 of this Decree shall appraise engineering
design and construction estimate (for three-step
design); construction drawing design and construction estimate (for two-step
design) of special class or Class I constructions works; constructions works
assigned by the Prime Minister and constructions works of the project that they
decide investment;
b) Service of Construction or Service in charge of
field-based construction management prescribed in Article 76 of this Decree
shall appraise engineering design and construction estimate (for three-step
design); construction drawing design and construction estimate (for two-step
design) of Works less than or equivalent to class II which are located in the
province, other than constructions works prescribed in Point a of this Clause.
2. Competence in approval for construction design
and estimate:
a) The investment decision maker shall approve
construction design and estimate for three-step design; and approve
construction drawing design and construction estimate for two-step design;
b) The investor shall approve construction drawing
design and construction estimate for three-step design.
Article 25. Competence in appraisal and approval
for construction design and estimate of projects funded by capital derived from
loans, bonds, funds, etc
1. Competence in appraisal of construction design
and estimate:
a) Construction authority affiliated to the
Ministry of Construction or Ministry in charge of field-based construction
management prescribed in Article 76 of this Decree shall appraise engineering
design and construction estimate (for three-step design); construction drawing
design and construction estimate (for two-step design) of special class or
Class I constructions works; Class II constructions works or higher of the
project that economic groups or state-owned general companies under management
of them decide investment; constructions works assigned by the Prime Minister and
constructions works of project that they decide investment.
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c) The investment decision maker shall appraise the
design and estimate of the technology aspect (if any) of Works prescribed in
Point a and Point b of this Clause; and appraise design and estimate of
remaining Works and medium-voltage power grid project.
The investment decision maker shall take
responsibility for their appraisal results and send them (excluding technology
aspect) to the construction authority according to classifications prescribed
in Clause 1 Article 24 of this Decree.
2. Competence in approval for construction design
and estimate:
a) The investment decision maker shall approve
construction drawing design and construction estimate for three-step design;
b) The investor shall approve construction design
and estimate for three-step design; and approve construction drawing design and
construction estimate for two-step design;
c) Regarding the PPP project, the investor shall
approve the construction design and estimate.
Article 26. Competence in appraisal and approval
for construction design and estimate of projects funded by other capital
sources
1. Competence in appraisal of construction design
and estimate:
a) Construction authority affiliated to the
Ministry of Construction or Ministry in charge of field-based construction
management prescribed in Article 76 of this Decree shall appraise engineering
design and construction estimate (for three-step design), construction drawing
design (for two-step design) of special class and Class I Works, Works located
in at least provinces and Works assigned by the Prime Minister;
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c) The investment decision maker shall appraise the
design of remaining Works (excluding Works prescribed in Point a and Point b of
this Clause), technology aspect (if any) and construction estimate.
2. Competence in approval for construction design
and estimate:
The investment decision maker shall approve engineering
design, construction drawing design and construction estimate.
Article 27. Contents of appraisal of
construction design and estimate
1. Contents of appraisal of construction design and
estimate shall comply with Article 83 of the Law on Construction dated 2014,
this Decree and Decree on construction cost management.
2. The appraisal results of construction design and
estimate shall be made in form No. 07 prescribed in Appendix II issued
herewith.
Article 28. Contents of approval for
construction design
1. General information about the construction work:
name of construction work, work items (type and classification of the
construction work); the investor; engineering contractor; location, land area.
2. Size, technology, specifications and essential
economic – technical criteria of the construction work.
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4. Primary design solutions of work items and the
whole construction work.
5. Construction estimate.
6. Requirements for amendments to the design
documentation and other contents (if any).
Article 29. Documentation of appraisal of
engineering design, construction drawing design and construction estimate
The investor shall send the documentation to the construction
authority for appraisal, including:
1. A written request for appraisal of design using
the form No. 06 prescribed in Appendix II issued herewith.
2. A description of design, drawings, and relevant
construction survey documents.
3. A copy of a decision on approval for the
construction project enclosed with the approved fundamental design documents or
approved investment policy, other than detached housing works.
4. A copy of documentation on qualifications of
directors of construction survey and design; a written approval for fire safety
and an environmental impact appraisal report (if any).
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6. A construction estimate of projects funded by government
budget capital or capital derived from loans, bonds, funds, etc.
Article 30. Procedures for appraisal of
construction design or estimate
1. After receiving the documentation, the
construction authority or the investment decision maker shall appraise the
construction design or estimate according to the contents prescribed in Article
27 of this Decree.
2. The appraising agency must appraise all contents
of construction design and estimate. During the appraisal process, the
appraising agency may invite specialists to appraise construction design,
technology design and construction estimate in stages.
In case the construction authority or the
investment decision maker is not qualified to carry out the appraisal, they may
request the investor to select an qualified organization or individual
publishing information about construction capacity on the websites of the
Ministry of Construction and Services of Construction in order for the investor
to conclude an assessment contract with such organization or individual. If the
assessment consultancy unit has not published information about construction
capacity on the websites of the Ministry of Construction and Services of
Construction, they must be approved by construction agencies affiliated to the
Ministry of Construction or Service of Construction in writing. The design
consultancy unit may not assess the construction work that it designed.
3. During the appraisal process of construction
design, the construction authority must request the competent agency to
appraise issues related to environment, fire safety and other contents as
prescribed.
Time limit for notification of appraisal results
issued by the competent agency in charge of appraising environment, fire safety
and other contents shall comply with regulations of regulations of law provided
that it does not exceed the time limit for assessment of construction design or
estimate as prescribed in Article 4 of this Article. If the related agencies or
organizations do not send any feedback after the aforesaid deadlines, they are
considered to concur with the appraisal and take responsibility for their
managing field.
4. In case the construction authority request the
investor to select the assessment consultancy unit prescribed in Clause 2 of
this Article, within 5 working days from the date on which the satisfactory
documentation is sent, the construction authority must send notification of
issues subject to assessment in order for the investor to select and conclude a
contract with the assessment consultancy unit; time limits for assessment are
within 20 days regarding Class I and special class Works; within 15 days
regarding Class II and Class III Works; and within 10 days regarding remaining
Works. The investor must send the assessment results to the construction
authority and the investment decision maker for appraisal of the construction
design and estimate.
5. If the construction project has different types
and classes of Works, the appraising agency must appraise the Permanent Works
of the project.
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7. The agencies, organizations, and individuals in
charge of assessment, appraisal or approval for construction design or estimate
shall take legal responsibility for their assessment, appraisal or approval
results.
8. Time limits for appraisal of construction design
or estimate of the construction authority from the date on which the
satisfactory documentation is received:
a) Within 40 days regarding Class I and special
class Works;
b) Within 30 days regarding Class I and Class II
Works;
c) Within 20 days regarding remaining Works;
Section 2: CONSTRUCTION EXECUTION MANAGEMENT
Article 31. Construction execution management
Construction execution management includes:
1. Construction quality control.
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3. Construction execution quantity management.
4. Construction cost management during the
construction work execution.
5. Construction contract management.
6. Occupational safety and construction environment
management.
Article 32. Construction schedule management
1. A construction schedule is required before any
construction work is executed. The construction schedule made by the contractor
must be suitable for the general project schedule which is approved by the
investor.
2. If the construction work has large size and long
construction period, the construction schedule shall be made monthly, quarterly
or yearly.
3. The investor, construction contractor,
construction supervision consultancy and relevant contracting parties must keep
track of the construction schedule and adjust the schedule if some stages
extends provided that it may not affect the project schedule.
4. If the general project schedule is deem to be
extended, the investor must request the investment decision maker to decide to
adjust the general project schedule.
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1. The construction work must be executed according
to the approved design quantity.
2. The construction quantity shall be calculated
and certified between investor, construction contractor, supervision
consultancies according to time or execution stage and it shall be compared
with the approved design quantity as the basis for final acceptance and final
payment according to the contract.
3. If there is any additional construction quantity
beside the design, the investor and the building contractor must consider for
handling.
The additional construction quantity approved by
the investor or the investment decision maker shall be the base for the payment
and statement of the construction work.
4. It is banned from ficitious declarations, quantity
increase declaration or collusion between contracting parties leading incorrect
payment quantity.
Article 34. Occupational safety management on
construction site
1. Construction contractor must impose safety
measures to labor, equipment and construction work before execution. If the
safety measures relate to multiple parties, the contracting parties shall
conclude an agreement.
2. Safety measures and regulations on safety must
be public at the construction site; and there is any person who give instructions
and warning about dangerous locations on the construction site.
3. The construction contractor, the investor and
relevant contracting parties must regularly supervise the occupational safety
on construction site If an incident occurs, it is required to suspend the
construction execution until the incident is handled. The person committing
violations against occupational safety must take legal responsibility within
their managing field.
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5. The building contractors must provide sufficient
personal protection equipment, occupational safety for workers as prescribed
when they are on the construction sites.
6. The building contractor must appoint following
full-time or part-time employees in charge of labor hygiene and safety:
a) If there are less than 50 direct workers in the
construction site, the execution engineering employee may be in charge of labor
hygiene and safety as a part-time job;
b) If there are at least 50 direct workers in the
construction site, at least one employee shall be in charge of labor hygiene
and safety as a full-time job;
c) If there are at least 1,000 direct workers in
the construction site, it is required to establish a department or a board of
labor hygiene and safety or appoint two full-time employees in charge of labor
hygiene and safety;
d) Each full-time employee in charge of labor
hygiene and safety must obtain a practice license as prescribed in Article 51
of this Decree.
7. The number of full-time employees prescribed in
Point a, b and c Clause 6 of this Clause must be appointed in conformity with
the construction site size, level of risks of occupational accidents at a
particular construction site.
8. The construction authority must carry out
regular or irregular inspection of construction site safety management of the
investor and contractors. If the construction work subject to final acceptance
carried out by the State management agency, the inspection of occupational
safety shall be concurrently carried out.
9. The Ministry of Construction shall provide
guidance on construction occupational safety.
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1. The building contractor must impose measures for
environment protection within and out of the construction site, including
anti-dust, noise control, waste treatment and construction site cleanup.
Regarding Works in urban areas, it is required to implement measures for cover
and cleanup of waste and deliver them to regulated places.
2. During the transport of building materials or
waste, they must be covered to ensure safety and environment hygiene.
3. The construction contractor and the investor
must supervise the implementation of construction environment protection and
subject to supervision of the environment authorities. If the construction
contractor fails to comply with regulations on environment protection, the
investor and the environment authorities may suspend the construction execution
and request the contractor to implement proper environment protection measures.
4. Any person damaging the environment during the
execution process must take legal responsibility and compensate for damages
that they cause.
Article 36. Management of other aspects
1. The construction quality control shall comply
with this Decree, Decree on construction quality control and guiding documents.
2. The construction cost management shall comply
with this Decree, Decree on construction quality control and guiding documents.
3. The construction contract management shall
comply with this Decree, Decree on construction contract management and guiding
documents.
Section 3: COMPLETION AND INAUGURATION OF THE
PROJECT
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1. The construction work shall be inaugurated after
it is completed according to the approved design, operates properly and issued
the certificate of acceptance.
2. According to specific condition of each construction
work, the completed work items of the project or sub-projects may be
transferred at the request of the investor.
3. The acceptance and transfer report on completed
work items or the whole completed construction work is the legal document in
order for the investor to inaugurate the project and state the construction
capital.
4. Construction work transfer documentation
includes: a construction work documentation; manual; regulations on
construction maintenance.
5. The construction work documentation must be
archived as prescribed in regulations of law on state archives.
Article 38. Construction work completion
1. The construction work is considered completed
when the investor receives the whole construction work and the warranty of the
construction work expires as prescribed.
2. When transferring the construction work, the
building contractor must move all their assets out of the construction site.
Article 39. Inauguration of the construction
work and construction project
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2. The investor or the organization in charge of
construction use management must carry out the construction maintenance as
prescribed.
Section 4: Construction permit
Article 40. Requirements for issuance of
construction permit
1. Requirements for issuance of construction permit
shall comply with Article 91, Article 92 and Article 93 of the Law on
Construction dated 2014.
2. If the construction project is located in an
urban area without any zoning plan or detailed construction planning approved
by the competent agencies or the detailed construction planning is not required
as prescribed in law on urban area planning, the license for planning or the
planning information provided by the competent agency shall be the basis for
considering the issuance of the construction permit.
Article 41. Application for the construction
permit
1. Applications for issuance of licenses for new
construction; repair or innovation; relocation of Works; detached houses;
non-route based Works; route-based Works in urban areas; religious Works;
imposing monuments or paintings; billboards shall comply with Article 95,
Article 96 and Article 97 of the Law on Construction dated 2014.
2. An application for construction permit regarding
faith construction work includes:
a) An application form for construction permit
using form as prescribed by the Ministry of Construction;
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c) A construction design drawing appraised as
prescribed;
d) A declaration about capacity and experience of
the design organization or the head of construction design, enclosed with the
copy of his/her practice license.
3. An application for construction permit regarding
diplomatic agencies and international organizations:
a) An application form for construction permit
using form as prescribed by the Ministry of Construction;
b) A copy of one in written proofs of land use
rights as prescribed in legislation on land;
c) A construction design drawing appraised as prescribed;
d) Other documents as prescribed in regulations of
international agreement or treaty concluded with the Government of Vietnam.
4. The application for fixed-term construction
permit shall comply with regulations on Works or detached houses prescribed in
Clause 1 of this Clause.
5. An application for construction permit in stages
includes:
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b) A copy of one in written proofs of land use
rights as prescribed in legislation on land;
c) A construction design drawing approved as
prescribed; a written design appraisal issued by the construction authority in
stages (if any);
d) A copy of the decision on construction project
approval issuing the construction work that requires project formulation.
6. An application for construction permit for the
project:
a) Documents prescribed in Point a, b, c and dd
Clause 2 Article 95 of the Law on Construction dated 2014;
b) Design drawings of each construction work that
requires issuance of construction permit, written design appraisals issued to
Works at the request of the construction authority.
Section 5: SPECIAL-TYPE CONSTRUCTION WORK
MANAGEMENT
Article 42. Special-type Works
Special-type Works prescribed in Article 128 of the
Law on Construction dated 2014 include:
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a) Works involving state secrets consist of: Works
that require secrets during the construction activities in National defense and
security, foreign affairs, economy, science and technology and other particular
sectors; and Works under management as prescribed in regulations of law on
state secret protection;
b) The Prime Minister shall decide to build Works
involving state secrets at the request of construction investment.
2. Works built under emergency orders include:
a) Construction work built under emergency orders
to protect national sovereignty or ensure national security and safety of life;
b) Works built under emergency orders to ensure
energy security and safety, environment safety, national reserves, science and
technology that certified by the Ministry of Science and Technology in writing;
c) Works built under emergency orders to save life,
health and assets of the community from disasters or save adjacent Works from
severe damage;
d) Works built under emergency orders to respond to
or prevent negative consequences that are likely to occur due to force majeure
events, construction incidents, or to respond to severe environmental
emergencies;
dd) Works built under emergency orders of the Prime
Minister.
3. Makeshift Works include:
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b) Auxiliary Works built to serve the main
construction work prescribed in Point c and d Clause 2 of this Clause.
Article 43. Construction project management of
special-type Works
1. Regarding Works involving state secrets:
a) Ministers, Heads of ministerial-level agencies,
Governmental agencies, Presidents of People’s Committees of provinces shall
decide construction investment of Works involving state secrets after the Prime
Minister decides the investment policy on Works involving state secrets;
b) The investment decision maker of the
construction work involving state secrets may decide or authorize the investor
to decide, and take responsibility for CPM and may appoint contractors (not
through contractor selection) from the project formulation, survey, design,
construction execution to completion and inauguration of the project.
2. Regarding Works built under emergency orders:
a) The investment decision maker of Works built
under emergency orders shall decide procedures for construction investment and
project management methods; appraise or approve the project, design and
construction estimate, supervise execution, carry out final acceptance and
transfer the completed construction work himself/herself in accordance with
regulations of law on construction;
b) Works built under emergency orders shall be
exempt from construction permit as prescribed in Point a Clause 2 Article 89 of
the Law on Construction dated 2014;
c) The Prime Minister shall consider permitting the
investment decision maker of Works built under emergency orders to decide or
authorize the investor to decide and take responsibility for CPM and award the
contract (without contractor selection process) from the project formulation,
survey, design, construction execution to completion and inauguration of the
project.
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a) The investment decision maker shall carry out
CPM in accordance with this Decree; appraise and approve design, construction
estimate; award the contract or begin construction himself/herself;
b) The investor or the building contractor of main
construction work must demolish or clean up makeshift construction work (if
any) to restore the construction site before the completed construction work is
transferred.
Chapter IV
CONDITIONS OF CONSTRUCTION CAPACITY
Section 1: Conditions of construction capacity
applied to individuals
Article 44. Licenses for construction practice
1. Licenses for construction practice shall be
issued to any Vietnamese citizens, overseas Vietnamese or foreigners who
legally carry out construction activities in Vietnam in order for them to hold
certain positions or practice construction as independent professionals as
prescribed in Clause 3 Article 148 of the Law on Construction dated 2014.
2. Any foreigner or overseas Vietnamese who
obtained the license to practice construction activities issued by a foreign
agency or organization and has carried out construction activities in Vietnam
for less than 6 months, he/she shall be permitted to practice construction
activities. If he/she has carried out construction activities in Vietnam for at
least 6 months, he/she is required to change the license for construction
practice at the Ministry of Construction.
3. The license for construction practice is valid
for 5 years and it shall be reissued upon its expiry.
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5. Competence in issuance of licenses for
construction practice:
a) Construction authorities affiliated to the
Ministry of Construction shall issue Class I license for construction practice;
and license for construction practice applied to foreigners or overseas
Vietnamese;
b) Services of Construction shall issue Class II
and Class III license for construction practice;
c) Socio-professional organizations satisfying
conditions as prescribed may issue Class II and Class III license for
construction practice to their members within their operation scope as
prescribed by the Ministry of Construction.
Article 45. General requirements for issuance of
construction practicing certificate
Each individual shall be issued a construction
practicing certificate if he/she meets requirements below:
1. Having civil dispositive capacity as prescribed;
obtaining residence permit in Vietnam if he/she is a foreigner or overseas
Vietnamese.
2. Having qualifications and year’s experience in
conformity with the application for certificate, in particular:
a) Class I: Obtaining a bachelor’s degree with
appropriate major and year’s experience in conformity with the application for
certificate that is valid for at least 7 years;
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c) Class III: Obtaining a bachelor’s degree and
year’s experience in conformity with the application for certificate that is
valid for at least 3 years; or obtaining a college degree or junior college
degree and year’s experience in conformity with the application for license
that is valid for at least 5 years.
3. Passing examination in occupational experience
and relevant legal knowledge.
Article 46. Construction survey practicing
certificate
1. Construction survey practicing certificate shall
be issued to following fields:
a) Topographical survey;
b) Geological and hydro geological survey of Works.
2. Each individual shall be issued a construction
survey practicing certificate equivalent to each type of construction survey
prescribed in Article 73 of the Law on Construction dated 2014 if he/she meets
requirements below :
a) Class I: The person has held the position of
construction survey leader in charge of at least 1 (one) project group A or 5
(five) projects group B or at least 2 (two) Class I Works or 3 (three) Class II
Works that conform to his/her license / of the same type as those mentioned in
his/her license;
b) Class II: The person has held the position of
construction survey leader in charge of at least 2 (two) projects group B or 5
(five) projects group C or at least 2 (two) Class II Works or 3 (three) Class
III Works that conform to his/her license;
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3. Construction survey scope:
a) Class I: Holding the position of construction
survey leader in charge of all project groups, all Works that conform to his/her
certificate;
b) Class II: Holding the position of construction
survey leader in charge of projects group B, Works less than or equivalent to
class II that conform to his/her certificate;
c) Class III: Holding the position of construction
survey leader in charge of projects group C, Works less than or equivalent to
class III that conform to his/her certificate.
Article 47. License for construction planning
practice
1. Any individual who is issued with a license for
construction planning practice must obtain at least a bachelor’s degree in
architecture, planning or other majors suitable for the request of planning
project and meet requirements below:
a) Class I: The person has held the position of
planning leader or planning appraisal leader in charge of at least 1 (one)
construction planning project of an interprovincial area, 2 (two) construction
planning projects of a provincial area or 3 (three) construction planning
projects of an interdistrict area or 5 (five) construction planning projects of
a district area, or 5 (five) common construction planning projects of a
particular area;
b) Class II: The person has held the position of
planning leader or planning appraisal leader in charge of at least 1 (one)
construction planning project of a provincial area, 2 (two) construction
planning projects of an interdistrict area or 3 (three) construction planning
projects of a district area or 3 (three) common construction planning projects
of a particular area;
c) Class III: The person has held the position of
planning designer or planning appraiser in charge of at least 1 (one)
construction planning project of a district area, 3 (three) common construction
planning projects of a particular area or 5 (five) construction planning
projects of a rural area.
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a) Class I: The person has held the position of
project leader or leader in a certain aspect of construction planning projects;
b) Class II: The person has held the position of
project leader or leader in a certain aspect of construction planning projects
of a provincial, an interdistrict, a district or a particular area with
population size equivalent to urban area lower than or equivalent to class II,
zoning plan and detailed planning for particular area, or rural area planning;
c) Class III: The person has held the position of
project leader or leader in a certain aspect of construction planning projects
a district area, zoning plan and detailed planning for particular area, or
rural area planning.
Article 48. License for construction design
practice, license to assess construction design
1. Licenses for construction design practice shall
be issued to following fields:
a) Construction architecture design;
b) Construction interior – exterior design; scenery
design;
c) Construction structure design;
d) Construction electricity – mechanics design;
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e) Air ventilation – heat supply and dissipation
design;
g) Communications network design in Works;
h) Fire safety design.
2. Each individual shall be issued a license for
construction design practice if he/she meets requirements below:
a) Class I: The person has held the position of
design, appraisal and assessment leader in charge of at least 2 (two) Class II
Works and at least 1 (one) Class I construction work or higher that conform to
his/her license.
b) Class II: The person has held the position of
design, appraisal and assessment leader in charge of at least 5 (five) Class
III Works and at least 1 (one) Class II construction work or higher that
conform to his/her license.
c) Class III The person has held the position of
designer, appraiser or design assessor in charge of at least 3 (three) Class
III Works and at least 5 (five) Class IV Works that conform to his/her license.
3. Operation scope:
a) Class I: The person has held the position of
design, appraisal and assessment leader of all Works that conform to his/her
license; The person has held the position of leader in charge of formulation of
project groups that conform to his/her license;
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a) Class III: The person has held the position of
design, appraisal and assessment leader of Class III or Class IV Works that
conform to his/her license; The person has held the position of leader in
charge of formulation of projects group C that conform to his/her license;
Article 49. License for construction supervision
practice
1. Licenses for construction supervision practice
shall be issued to following fields:
a) Construction and completion supervision;
b) Equipment installation supervision;
c) Technological equipment installation
supervision;
2. Each individual shall be issued a license for
construction supervision practice if he/she meets requirements below:
a) Class I: The person had held the position of
direct supervisor in charge of at least 1 (two) Class I construction work or at
least 2 (two) Class II Works that conform to his/her license;
b) Class II: The person had held the position of
direct supervisor or design and execution leader in charge of at least 1 (one)
Class II construction work or at least 2 (two) Class III Works that conform to
his/her license;
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3. Operation scope:
a) Class I: The person had held the position of
supervision leader in charge of all project groups that conform to his/her
license;
b) Class II: The person had held the position of
supervision leader in charge of Works less than or equivalent to class II; or
involved in some tasks of Class I Works that conform to his/her license;
c) Class III: The person had held the position of supervision
leader in charge of Works less than or equivalent to class III; or involved in
some tasks of Class I Works that conform to his/her license.
Article 50. License for construction inspection
practice
1. Each individual shall be issued a license for
construction inspection practice if he/she meets requirements below:
a) Class I: Obtaining a Class I license for
construction supervision practice; a Class I certificate in construction
design; holding the position of inspection or design leader or direct
supervisor in charge of at least 1 (one) Class I construction work or at least
2 (two) Class II Works that conform to his/her license;
b) Class II: Obtaining a Class II license for
construction supervision practice; a Class II certificate in construction
design; holding the position of inspection or design leader or direct
supervisor in charge of at least 1 (one) Class II construction work or at least
2 (two) Class III Works that conform to his/her license;
c) Class III: Obtaining a Class III license for
construction supervision practice; a Class III certificate in construction
design; holding the position of inspection or design leader or direct
supervisor in charge of at least 2 (two) Class III Works or at least 3 (three)
Class IV Works that conform to his/her license.
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a) Class I: The person has held the position of
inspection leader in charge of all Works that conform to his/her license;
b) Class II: The person has held the position of
inspection leader in charge of Works less than or equivalent to class II that
conform to his/her license;
c) Class III: The person has held the position of
inspection leader in charge of Class III or Class IV Works that conform to
his/her license.
Article 51. License for construction safety
practice
1. Each individual shall be issued a license for
construction safety practice if he/she meets requirements below:
a) Class I: Holding the position of direct executor
of construction or full-time occupational safety officer in charge of at least
1 (one) Class I construction work or 2 (two) Class II Works;
b) Class II: Holding the position of direct
executor of construction or full-time or part-time occupational safety officer
in charge of at least 1 (one) Class II construction work or 2 (two) Class III
Works;
c) Class III: Holding the position of direct
executor of construction or full-time or part-time occupational safety officer
in charge of at least 1 (one) Class III construction work or 2 (two) Class IV
Works;
2. Operation scope:
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b) Class II: The person has held the position of
full-time or part-time occupational safety officer in charge of Works less than
or equivalent to class I;
c) Class III: The person has held the position of
full-time or part-time occupational safety officer in charge of Class II or
Class III Works;
Article 52. Construction valuation practicing
certificate
1. Each individual obtaining a construction
valuation practicing certificate shall be in charge of construction cost
management as follows:
a) Determine and assess total construction
investment; analyze risks and evaluate investment effectiveness;
b) Determine investment rates, construction norms,
construction prices, and construction price indexes;
c) Measure construction quantity;
d) Determine and assess construction estimate;
dd) Determine contract value and contractual prices
in construction activities;
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g) Formulate and assess documents on payment or
settlement of construction investment and convert construction investment after
the construction is completed, transferred and put into operation.
2. Each individual shall be issued a construction
valuation practicing certificate if he/she meets requirements below:
a) Class I: Participating in construction cost
management or estimating total investment of at least 1 (one) project group A
or 3 (three) projects group B or at least 2 (two) Class I Works or 5 (five)
Class II Works;
b) Class II: Participating in construction cost
management or estimating total investment of at least 1 (one) project group B
or 3 (three) projects group C or at least 1 (one) Class I construction work or
3 (three) Class II Works or 10 (ten) Class III Works;
c) Class III: Participating in construction cost
management of at least 1 (one) project group C or 2 (two) construction
economic-technical reports or at least 2 (two) Class III Works or 10 (ten)
Class IV Works.
3. Operation scope:
a) Class I: Taking charge of construction valuation
consultancy regardless of project groups or construction work classifications;
b) Class II: Taking charge of construction
valuation consultancy of projects group B or lower and Works less than or
equivalent to class I;
c) Class III: Taking charge of construction
valuation consultancy of projects group C, projects requiring construction
economic-technical reports and Works less than or equivalent to class II.
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1. Each individual holding the position of
construction site manager must meet requirements below:
a) Class I: Obtaining a Class I license for
construction practice or a Class I license for construction safety practice;
holding the position of construction site manager in charge of at least 1 (one)
Class I construction work or at least 2 (two) Class II Works that conform to
his/her license;
b) Class II: Obtaining a Class II license for
construction supervision or a Class II license for construction safety
practice; holding the position of construction site manager in charge of at
least 1 (one) Class II construction work or at least 2 (two) Class III Works
that conform to his/her license;
c) Class III: Obtaining a Class III license for
construction supervision practice or a Class III license for construction
safety practice; holding the position of construction site manager in charge of
at least 1 (one) Class III construction work or at least 2 (two) Class IV Works
that conform to his/her license.
2. Operation scope:
a) Class I: The person has held the position of
construction site manager of all construction work classifications that conform
to his/her license;
b) Class II: The person has held the position of
construction site manager of Works less than or equivalent to class II that
conform to his/her license;
c) Class III: The person has held the position of
construction site manager of Class III or Class IV Works or lower that conform
to his/her license.
Article 54. Requirements pertaining to project
managers
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2. The project manager must have qualifications in
conformity with the project requirements, obtain a certificate in project
management and meet requirements below:
a) Class I project manager: Obtaining a Class I
license for design practice or a Class I license for construction supervision
practice or holding the position of project manager of 1 (one) project group A
or 2 (two) projects group B that conform to his/her license or holding the
position of Class I construction site manager;
b) Class II project manager: Obtaining a Class II
license for design practice or a Class II license for construction supervision
practice or holding the position of project manager of 1 (one) project group B
or 2 (two) projects group C that conform to his/her license or holding the
position of Class II construction site manager;
c) Class III project manager: Obtaining a Class III
license for design practice or a Class III license for construction supervision
practice or holding the position of project manager of 1 (one) project group C
that conform to his/her license or holding the position of class III
construction site manager.
3. Operation scope:
a) Class I project manager: The person has held the
position of project manager of all project groups;
b) Class II project manager: The person has held
the position of project manager of projects group B and projects group C;
c) Class III project manager: The person has held
the position of project manager of projects group C and projects that require
only construction economic-technical reports.
Article 55. Application for construction practicing
certificate
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1. An application form for construction practicing
certificate using form as prescribed by the Ministry of Construction.
2. Copies of degrees or certificates issued by lawful
organizations.
3. A declaration of professional experience in
construction industry related to the field mentioned in the certificate using
form prescribed by the Ministry of Construction enclosed with copies of
contracts related to construction activities that he/she involved in as
declared. The declarant must take responsibility for the honesty and accuracy
of his/her declaration.
Article 56. Test for issuance of construction
practicing certificate
1. Contents of the examination include 2 parts below:
a) Professional knowledge;
b) Legal knowledge.
2. Examination organization:
a) License-issuing agency shall establish a testing
council;
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c) The Ministry of Construction shall be in charge
of management of construction practicing certificates nationwide by issuing and
managing license numbers; and publicly posting list of individuals obtaining
construction practicing certificates on its website.
3. The Ministry of Construction shall provide
guidance on the Council of examination for issuance of license; form, time and
content of examination for issuance and reissuance of construction practicing
certificates.
Section 2: REQUIREMENTS FOR CONSTRUCTION
CAPACITY OF ORGANIZATIONS
Article 57. General conditions applied to an
organization involved in construction activities
1. Having a business registration certificate or an
establishment decision issued by the competent agency as prescribed.
2. The contents of the application for issuance of
the certificate of eligibility for construction activities must conform to the
business registration certificate or the establishment decision issued by the
competent agency as prescribed.
3. Every individual occupying key position must
conclude a labor contract with the applicant for issuance of the certificate of
eligibility for construction activities.
4. With regard to particular projects or Works,
such as: nuclear power plants, harmful chemicals manufacturers, explosive
manufacturers, the individuals occupying key positions shall participate in
training courses related to the project field beside their required practice
licenses.
5. The certificate of eligibility for construction
activities of the organization is valid for 5 years. Within 20 days from the
date on which the license changes or expires, it is required to be reissued.
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1. The application for the certificate of
eligibility for construction activities includes:
a) An application form for certificate of eligibility
for construction activities using form as prescribed by the Ministry of
Construction;
b) A copy of the business registration certificate
or the establishment decision;
c) A declaration of list and professional
experience enclosed with practice licenses and labor contracts of key
individuals using the forms as prescribed;
d) A declaration of professional experience of the
organization that includes at least 3 (three) typical latest tasks equivalent
to each field used for registration;
dd) A declaration of finance capacity; machinery,
equipment or computer software as required;
e) A task management process; and a quality
management system equivalent to each registered field.
2. The power to issue certificates of eligibility
for construction activities:
a) Construction authorities affiliated to the
Ministry of Construction shall issue Class I certificates of eligibility for
construction activities ;
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3. The Ministry of Construction shall provide
guidance on application; forms of practice licenses; methods and process for
issuance and reissuance of certificate of eligibility for construction
activities .
Article 59. Certificate of eligibility for
construction survey
An organization shall be issued a certificate of
eligibility for construction survey if it meets requirements below:
1. Class I:
a) There are at least 3 (three) people obtaining
Class I licenses for construction survey practice appropriate to the field
applying for the certificate;
b) There are at least 10 (ten) people in the
quality control system of the construction survey organization who have
professional competence appropriate to the filed applying for the certificate;
c) It carried out construction survey on at least 1
(one) project group A; 1 (one) Class I construction work or 2 (two) project
group B or 2 (two) Class II Works or higher as mentioned in their certificate.
2. Class II:
a) There are at least 3 (three) people obtaining
Class II licenses for construction survey practice appropriate to the field
applying for the certificate;
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c) It carried out construction survey on at least 1
(one) project group B; 1 (one) Class II construction work or 2 (two) projects
group C or 2 (two) Class III Works or higher as mentioned in their certificate.
3. Class III:
a) There are at least 3 (three) people obtaining
Class III licenses for construction survey practice appropriate to the field
applying for the certificate;
b) There are at least 5 (five) people in the
quality control system of the construction survey organization who have
professional competence appropriate to the filed applying for the certificate.
4. Operation scope:
a) Class I: The organization is entitled to carry
out construction survey for all projects and Works classifications as mentioned
in their certificate;
b) Class II: The organization is entitled to carry
out construction survey for projects group B or lower or Class II Works or
lower as mentioned in their certificate;
b) Class III: The organization is entitled to carry
out construction survey for projects group C or lower or Class III Works or
lower as mentioned in their certificate.
Article 60. Certificate of eligibility for
construction planning consultancy
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ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
1. Class I:
a) There are at least 10 (ten) people obtaining
Class I licenses for construction planning practice; the persons in charge of
various aspects of the project must obtain Class I practice licenses that match
their fields and tasks;
b) There are at least 30 (thirty) people having
qualifications suitable for the construction planning that conform to their
certificate;
c) The consultancy formulated at least 1 (one)
construction planning project of a provincial area or 2 (two) construction
planning projects of a Class I urban area or 2 (two) construction planning
projects of a particular area.
2. Class II:
a) There are at least 10 (ten) people obtaining
Class II licenses for construction planning practice; the persons in charge of
various aspects of the project must obtain Class II practice licenses that
match their fields and tasks;
b) There are at least 20 (twenty) people having
qualifications suitable for the construction planning that conform to their
certificate;
c) The consultancy formulated at least 1 (one) construction
planning project of an interdistrict area or 2 (two) construction planning
projects of a Class II urban area or 2 (two) construction planning projects of
a particular area.
3. Class III:
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b) There are at least 10 (ten) people having
qualifications suitable for the construction planning that conform to their
certificate.
4. Operation scope:
a) Class I: The organization is entitled to
formulate all types of construction planning projects;
b) Class II: The organization is entitled to
formulate construction planning projects of a provincial, an interdistrict, a
district, an urban area less than or equivalent to class II or a particular
area of the province, detailed planning and rural area planning;
c) Class III: The organization is entitled to
formulate construction planning projects of a district, an urban area less than
or equivalent to class IV, a particular area of districts, detailed planning
and rural area planning.
Article 61. Certificate of eligibility for
construction design and construction design appraisal
An organization shall be issued a certificate of
eligibility for construction design and construction design appraisal if it
meets requirements below:
1. Class I:
a) There are at least 10 (ten) people obtaining
Class I licenses for design practice; the persons in charge of various aspects
of the project must obtain Class I practice licenses that match their fields
and tasks;
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c) It carried out at least 1 (one) Class I
construction work or 2 (two) Class II Works that conform to their certificate.
2. Class II:
a) There are at least 10 (ten) people obtaining
Class II licenses for design practice; the persons in charge of various aspects
of the project must obtain Class II practice licenses that match their fields
and tasks;
b) There are at least 10 (ten) people in the
quality control system of the construction design organization who have
professional competence appropriate to the filed applying for the certificate;
c) It carried out at least 1 (one) Class II
construction work or 2 (two) Class III Works that conform to their certificate.
3. Class III:
a) There are at least 5 (five) people obtaining
Class III licenses for design practice; the design leaders must obtain Class
III practice licenses that match their fields and tasks;
b) There are at least 5 (five) people in the
quality control system of the construction design organization who have
professional competence appropriate to the filed applying for the certificate.
4. Operation scope:
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b) Class II: The organization is entitled to design
and assess construction designs for Works less than or equivalent to class II
that conform to their certificate;
c) Class III: The organization is entitled to
design and assess construction designs for Works less than or equivalent to
class III that conform to their certificate;
Article 62. Certificate of eligibility for
construction project planning and appraisal
An organization shall be issued a certificate of
eligibility for construction project planning and appraisal if it meets
requirements below:
1. Class I:
a) There are at least 3 (three) people qualified to
hold the position of the leader in charge project group A planning appropriate
to the project applying for the license;
b) The persons in charge of various aspects of the
project must obtain Class I practice licenses that match their fields and
tasks;
c) There are at least 30 (thirty) people having
qualifications suitable for the project that conform to their certificate;
d) It formulated and assessed at least 1 (one)
project group A or 2 (two) projects group B that conform to their certificate.
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a) There are at least 3 (three) people qualified to
hold the position of leader of project group B planning appropriate to the
project that conform to their certificate;
b) The persons in charge of various aspects of the
project must obtain Class II practice licenses that match their fields and
tasks;
c) There are at least 20 (twenty) people having
qualifications appropriate to the project that conform to their certificate;
d) It formulated and inspected at least 1 (one)
project group B or 2 (two) projects group C that conform to their certificate.
3. Class III:
a) There are at least 3 (three) people qualified to
hold the position of leader of project group C planning appropriate to the
project that conform to their certificate;
b) The persons in charge of various aspects of the
project must obtain Class III practice licenses that match their fields and
tasks;
c) There are at least 10 (twenty) people having
qualifications appropriate to the project that conform to their certificate.
4. Operation scope:
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b) Class II: The organization is entitled to
formulate and assess projects group B or lower that conform to their
certificate;
b) Class III: The organization is entitled to
formulate and assess projects group C and construction economic-technical
reports that conform to their certificate.
Article 63. Certificate of eligibility for
project management consultancy
An organization shall be issued a license to
consult on project management if it meets requirements below:
1. Class I:
a) There are at least 3 (three) people qualified to
hold the positions of project group A managers;
b) The persons in charge of various aspects of the
project must obtain Class I practice licenses that match their fields and
tasks;
c) There are at least 20 (twenty) people in the
quality control system of the consultancy organization or PMB who have
professional competence appropriate to the field applying for the certificate;
d) It managed at least 1 (one) project group A or 2
(two) projects group B that conform to their license.
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a) There are at least 3 (three) people qualified to
hold the positions of project group B managers;
b) The persons in charge of various aspects of the
project must obtain Class II practice licenses that match their fields and
tasks;
c) There are at least 15 (fifteen) people in the
quality control system of the consultancy organization or PMB who have
professional competence appropriate to the filed applying for the certificate;
d) It managed at least 1 (one) project group B or 2
(two) projects group C that conform to their certificate.
3. Class III:
a) There are at least 3 (three) people qualified to
hold the positions of project group C managers that conform to their
certificate;
b) The persons in charge of various aspects of the
project must obtain Class III practice licenses that match their fields and
tasks;
c) There are at least 10 (ten) people in the
quality control system of the consultancy organization or PMB who have
professional competence appropriate to the filed applying for the certificate.
4. Operation scope:
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b) Class II: The organization is entitled to manage
projects group B or lower that conform to their certificate;
c) Class III: The organization is entitled to
manage projects group C and Works that require only construction
economic-technical reports.
Article 64. Requirements pertaining to the
project management boards
1. Field-based PMBs or area-based PMBs affiliated
to Ministries, ministerial-level agencies, People's Committees of provinces,
economic groups, or state-owned general companies must meet requirements below:
a) Project managers must satisfy requirements
prescribed in Clause 2 Article 54 of this Decree;
b) The persons in charge of various aspects of the
project must obtain practice licenses that match the project size, construction
work classifications and their fields and tasks;
c) There are at least 20 (twenty) people having
qualifications suitable for the project.
2. Field-based PMBs or the area-based PMBs
affiliated to People’s Committees districts must meet requirements below
a) Project managers must satisfy requirements
prescribed in Clause 2 Article 54 of this Decree;
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c) There are at least 10 (ten) people having
qualifications suitable for the project.
3. Single-project PMBs must meet requirements
below:
a) Project managers must satisfy requirements
prescribed in Clause 2 Article 54 of this Decree;
b) The persons in charge of various aspects of the
project must obtain practice licenses that match the project size, construction
work classifications and their fields and tasks;
c) There are at least 10 (ten) people having
qualifications suitable for the project.
Article 65. Certificate of eligibility to
execute construction
An organization shall be issued a certificate of
eligibility to execute construction if it meets requirements below:
1. Class I:
a) There are at least 3 (three) people qualified to
hold the positions of class I construction site managers as mentioned in their
certificate;
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c) There are at least 15 (fifteen) people in the
quality control system and occupational safety management who have professional
competence appropriate to the construction work types;
d) There are at least 30 (thirty) technical workers
having certificates appropriate to their certificate;
dd) It is capable of mobilizing sufficient
machinery and equipment meeting construction execution requirements that match
their fields and tasks;
e) It acted as general contractor for at least 1
(one) Class I construction work or 2 (two) Class II Works that conform to their
certificate.
2. Class II:
a) There are at least 2 (three) people qualified to
hold the positions of Class II construction site managers that conform to their
certificate;
b) The persons in charge of various aspects of the
project must obtain college, vocational college or trade school degrees that
match their fields and tasks and at least 3 (three) years’ experience;
c) There are at least 10 (ten) people in the
quality control system and occupational safety management who have professional
competence appropriate to the construction work type;
d) There are at least 20 (twenty) technical workers
having certificates of professional training appropriate to their certificate;
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3. Class III:
a) There is at least 1 (one) person qualified to
hold the position of Class III construction site manager that conform to their
certificate;
b) The persons in charge of various aspects of the
project must have professional competence that match their fields and tasks;
c) There are at least 5 (five) people in the
quality control system and occupational safety management who have professional
competence appropriate to the construction work type;
d) There are at least 5 (five) technical workers
having certificates of professional training appropriate to their certificate.
4. Operation scope:
a) Class I: The organization is entitled to execute
all Works classifications that conform to their certificate;
b) Class II: The organization is entitled to
execute Works less than or equivalent to class II that conform to their
certificate;
b) Class III: The organization is entitled to
execute Works less than or equivalent to class III that conform to their
certificate.
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An organization shall be issued a certificate of
eligibility for construction supervision and inspection if it meets
requirements below:
1. Class I: There are at least 10 (ten) people
obtaining Class I licenses for construction supervision and inspection that
match their fields and tasks.
2. Class II: There are at least 10 (ten) people
obtaining Class II licenses for construction supervision and inspection that
match their fields and tasks.
3. Class III: There are at least 5 (five) people
obtaining Class III licenses for construction supervision and inspection that
match their fields and tasks.
4. Operation scope:
a) Class I: The organization is entitled to
supervise and appraise all construction work classes that conform to their
certificate;
b) Class II: The organization is entitled to
supervise and appraise Works less than or equivalent to class II that conform
to their certificate;
c) Class III: The organization is entitled to
supervise and appraise Works less than or equivalent to class III that conform
to their certificate.
Article 67. Certificate of eligibility to construction
cost management consultancy
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ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
1. Class I:
a) There are at least 5 (five) people obtaining
Class I practice licenses to evaluate construction;
b) There are at least 15 (fifteen) people having
qualifications suitable for the construction cost management;
c) It managed at least 2 (two) projects group A or
5 (five) projects group B.
2. Class II:
a) There are at least 3 (three) people obtaining
Class II practice licenses to evaluate construction;
b) There are at least 10 (ten) people having
qualifications suitable for the construction cost management;
3. Class III:
a) There are at least 3 (three) people obtaining
Class III practice licenses to evaluate construction;
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4. Operation scope:
a) Class I: Entitled to carry out construction cost
management for all types of projects;
b) Class II: Entitled to carry out construction
cost management for projects group B or lower;
c) Class III: Entitled to carry out construction
cost management for projects group C or projects that require only construction
economic-technical reports.
Article 68. Requirements applied to
organizations providing training courses in construction activities
1. The following organizations are entitled to
provide training in construction activities: junior colleges or higher training
institutions; institutions providing training for officials of Ministries,
ministerial-level agencies; public service providers of the State; construction
associations. Other circumstances shall be considered recognition by the
Ministry of Construction.
An organization providing training courses in
construction activities (hereinafter referred to as training organization) must
satisfy requirements below:
2. Facilities serving training in construction
activities:
a) Size and conveniences of classrooms are
appropriate to the number of students and equipment meets requirements
pertaining to teaching and learning;
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3. Lecturers:
a) The training organization has at least 40%
lecturers on its payroll or having indefinite duration contracts over total
number of lecturers involved in the training courses;
b) Qualifications: Having bachelor’s degrees
suitable for their teaching major; having at least 7 (seven) years’ experience
in project management, construction economic management; survey, design;
construction execution; construction supervision; and study and teaching about
construction major;
c) Their declarations of professional competence
and experience are posted on the website of the Ministry of Construction.
4. Teaching materials:
a) Teaching materials must be printed, bound and
enclosed with test paper sets of the training courses;
b) Contents of teaching materials appropriate to
the frame program as prescribed by the Ministry of Construction.
5. Management of the training organization:
a) There is an organizational structure that
satisfies requirements for provision of training courses, archives of student
record or relevant documents;
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c) There are persons in charge of training courses
who have at least 5 (five) year’s experience in provision of training courses
in construction activities.
6. The Ministry of Construction shall provide
guidance on regular or irregular inspection of the training organization and
frame program for training courses in construction activities.
Article 69. Posting construction capacity of
organizations participating in construction activities (hereinafter referred to
as participating organizations)
1. Participating organizations must provide their
construction capacity information to construction authorities in order to post
that information on the websites of the construction authorities. Competence in
receiving and posting information:
a) Construction authorities affiliated to the
Ministry of Construction: Receiving and posting information of participating
organizations or individuals involved in projects of national importance,
projects group A or Class I Works or higher; wholly foreign-owned
organizations, foreigners involved in construction activities in Vietnam;
organizations under management of Ministries, ministerial-level agencies,
Governmental agencies, central governments, groups, or state-owned general
companies;
b) Services of Construction: Receiving and posting
information of participating organizations having head offices located in
administrative divisions under their management or individuals that they issue
practice licenses (other than organizations or individuals prescribed in Point
a of this Clause).
2. Within 30 (thirty) days from the date on which
the application for posting information sent by the participating organization,
the construction authority shall appraise and post information about
construction capacity of the organization on their website.
3. Following information about construction
capacity shall be the basis to select participating organizations or
individuals:
a) Construction planning formulation;
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c) Construction project management; construction
cost management of construction projects funded by government budget capital;
d) Construction survey;
dd) Construction design and estimate; assessment of
construction design and estimate;
e) Construction experiments;
g) Construction supervision;
h) Construction execution;
i) Inspection and appraisal of construction
quality.
4. The Ministry of Construction shall provide
guidance on documents and process for posting information about construction
capacity.
Section 3: ISSUANCE OF CONSTRUCTION OPERATING
LICENSE TO FOREIGN CONTRACTORS
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1. The foreign contractor is only permitted to
carry out construction activities in Vietnam after receiving construction
operating license issued by state agency in charge of construction.
2. The operation of the foreign contractor in
Vietnam must comply with Vietnamese law and international treaties that Vietnam
concluded or acceded.
Article 71. Requirements for issuance of the
construction operating license
1. The foreign contractor involved in construction
activities prescribed in Clause 3 Article 69 of this Decree must post
information on the website of the Ministry of Construction and Service of
Construction in charge.
2. If bidding packages subject to regulations of
law on bidding of Vietnam, the foreign contractor must ensure that it is
awarded the contract.
3. If bidding packages not subject to regulations
of law on bidding of Vietnam, the foreign contractor must satisfy following
conditions:
a) It is awarded the contract by the investor;
b) It is qualified to execute the contract as
prescribed in law on construction.
4. The foreign contractor must set up a joint
venture with a Vietnamese contractor or employ Vietnamese sub-contractors,
unless the Vietnamese contractor is not qualified to execute any tasks of the
bidding package. Upon the joint venture or employment of Vietnamese contractor,
it is required to clarify contents, quantity and value of tasks performed by
Vietnamese contractor in the joint venture or Vietnamese sub-contractors.
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Article 72. Application for and competence in
issuance of license for construction
1. The foreign contractor must send an application
directly or by post to the agency issuing construction operating license
(hereinafter referred to as issuing agency), including:
a) An application form for construction operating
license (using form as prescribed by the Ministry of Construction);
b) A certified true copy of the report on bid
results or the decision on lawful contract award;
c) A certified true copy of the establishment
license or the Certificate of Business registration and practice license (if
any) of the foreign contractor issued by its home country;
d) A report on experience in contract execution and
a report on finance auditing within 3 (three) latest years (for the case
prescribed in Clause 3 Article 71 of this Decree);
dd) A joint-venture contract with the Vietnamese
contractor or an official contract or a rule contract with the Vietnamese
sub-contractor to carry out the contract (available in the bid-envelopes);
e) A lawful power of attorney held by the person
who is not the legal representative of the contractor.
2. The application form for construction operating
license shall be made in Vietnamese. The foreign establishment license or the
foreign business registration certificate must be consularly legalized, unless
an international treaty to which Vietnam and relevant countries are signatories
provides for exemption for consular legalization. If documents prescribed in
Point b, c, dd and e Clause 1 of this Article are made in foreign languages,
they are required to be translated into Vietnamese and the translations must be
notarized or certified as prescribed in Vietnamese law.
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a) Construction authorities affiliated to the
Ministry of Construction shall issue construction operating licenses to foreign
contractor in charge of projects group A or construction projects located in at
least two provinces;
b) Services of Construction shall issue construction
operating licenses to foreign contractor in charge of B or projects group C of
provinces.
Article 73. Time limit and fees for issuance of
the construction operating license
1. The construction authority prescribed in Clause
3 Article 72 of this Decree shall verify the application for construction
operating license to the foreign contractor within 20 (twenty) days, from the
date on which the sufficient application prescribed in Article 72 of this
Decree is received. If the application is rejected, the issuing agency must
provide explanation in writing for the contractor.
2. When receiving the construction operating
license, the foreign contractor must pay fees as prescribed by the Ministry of
Finance.
3. The construction operating license shall be
invalid in following cases:
a) The contract agreement is completed and
terminated;
b) The contract is invalid due to the suspension,
dissolution, bankrupt of the foreign contractor or other reasons as prescribed
in Vietnamese law and law of the home country of the contractor.
Article 74: Rights and obligations of the
foreign contractor
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a) Request the competent agency to give
instructions in formulation of application for construction operating license
and issues related to the contractor as prescribed in this Decree;
b) Make denunciation or complaints against
violations of organizations or individuals prescribed in this Decree;
c) Request for protection of their lawful business
interests in Vietnam according to their contract permit.
2. The foreign contractor has obligations to:
a) Register address, phone number, fax, email of
executive office and the representative exercising the contract at agencies
involved in about regulations as prescribed by the People’s Committee of the
province where the project is located. If the contractor executes bidding
packages of construction planning formulation, construction project
formulation, construction survey or construction design, it may register above
packages at another local government other than the local government where the
project is located.
After registering above packages, the contractor
shall send notification directly or by post to the Ministry of Construction,
the Ministry of Public Security, the Ministry of Finance, the Ministry of
Industry and Trade, the State bank of Vietnam, the People’s Committee of the
central-affiliated city or province where the construction work is located,
according to the instructions of the Ministry of Construction;
b) Register the seal
of the executive office at the Service of Public security where the
construction work is located. The foreign contractor may only use this
seal for exercising contract in Vietnam as prescribed in its contract permit.
When the contract expires, the foreign contractor must return the seal to the
issuing agency;
c) Register and pay taxes as prescribed in
Vietnamese law, follow accounting policies, open accounts and make payments in
accordance with instructions of the Ministry of Finance and the State bank of
Vietnam to serve its business;
d) Recruit employees, employment of Vietnamese and
foreign labors as prescribed in Vietnamese law on labors.
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Each foreigner working for the foreign contractor
in individual is required to comply with Vietnamese law on exit and entry,
temporary or permanent residence registration and application for work permit
issuance as prescribed in Vietnamese law on labors;
dd) Follow procedures for export and import of
materials, machinery or equipment related to the contract award agreement in
Vietnam as prescribed in Vietnamese law and instructions of the Ministry of
Industry and Trade, including:
Register temporary import of materials, machinery
or equipment of construction;
Register list of
import of materials, fuel, * of the contract agreement;
e) Execute joint-venture contract concluded with
the Vietnamese contractor or employ Vietnamese sub-contractors mentioned in the
application for construction operating license;
g) Buy insurance as prescribed in Vietnamese law
for contractors, including: professional liability insurance for construction
consultancy contractors; cargo insurance for procurement contractors; insurance
for construction execution contractors and other insurance policies as
prescribed in Vietnamese law;
h) Register and inspect quality of imported
materials or equipment provided by the contract
agreement;
i) Register and inspect construction equipment
safety and means of transport related to business activities of the foreign
contractor as prescribed in Vietnamese law;
k) Conform to regulations on standards, criteria,
construction quality control, occupational safety and environment protection as
well as other regulations of Vietnamese law;
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m) When the construction work is completed, the
foreign contractor must formulate the as-built documents; take responsibility
for warranty; make statement of exported materials; handle remaining materials
in the construction contract as prescribed in regulations of law on import and
export; re-export materials registered temporary import – re-export; and
complete the contract. Concurrently, the foreign contractor shall send
notification of the contract termination and shutdown of the executive office
to the competent agencies.
Article 75. Responsibility of the investor or
the project owner to the foreign contractor
The investor or the project owner has
responsibility to:
1. Conclude the contract agreement with the foreign
contractor only when the foreign contractor has been issued the construction
operating license; instruct the foreign contractor to comply with this Decree
and relevant law provisions; support the foreign contractor in preparation of
documents related to the construction work that the foreign contractor declares
in the application for contract permit issuance and relevant procedures as
prescribed in Vietnamese law. Register export or import of materials, machinery
or equipment related to the contract execution in company with the foreign
contractor as prescribed herewith.
2. Supervise the foreign contractor executing the
joint-venture contract with the Vietnamese contract or employment of Vietnamese
sub-contractors as prescribed in Article 71 of this Decree.
3. Consider the capacity of domestic construction
equipment supply of the foreign contractor before making a list of construction
machinery, equipment that applies for temporary import – re-export.
4. Consider capacity of technical labor supply in
Vietnam of the foreign contractor before making a list of foreigner staff
working for the contractor before they apply for entering Vietnam.
5. Certify the statement of imported materials of
the foreign contractor upon the construction completion.
6. Send notification of functions and tasks of the
foreign contractor carrying out project management consultancy and supervising
construction quality on behalf of the investor or the project owner to other
contractors and agencies in charge of construction quality management.
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IMPLEMENTATION
Article 76. Implementation
1. The Ministry of Construction
a) Be in charge of state management of scope of
regulation of this Decree. Provide guidance on and inspect implementation of
this Decree of relevant Ministries, agencies or organizations.
b) Direct and inspect their agencies in charge of
project appraisal, basic design, design, construction estimate of civil
constructions, light industry Works, building materials Works, technical
infrastructure and transportation Works in urban areas (excluding urban area
railways, bridges, and urban area highways).
2. Ministries in charge of field-based Works shall
direct and inspect the project appraisal, basic design, design, and
construction estimate of the field-based Works under management of construction
authorities below:
a) Transport works under management of the Ministry
of Transport (excluding works under management of the Ministry of Construction
prescribed in Point b, Clause 1 of this Article);
b) Agriculture and rural development works under
management of the Ministry of Agriculture and Rural Development;
c) Mining or petroleum works, power plants, power
transmission lines, electrical substations and field-based industrial Works
(excluding light industry Works) under management of the Ministry of Industry
and Trade;
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3. The Ministry of Finance shall provide guidance
on fees and charges for: project appraisal; basic design appraisal; design appraisal,
construction estimate; issuance of construction operating license to foreign
contractors, issuance of construction practice licenses; examination for
issuance of certificates of eligibility for construction activities; insurance
for construction activities; accounting policies and funding use of PMB.
4. The Ministry of Planning and Investment must
provide guidance on supervision and evaluation of construction project funded
by public investment capital; and operation of the state appraisal council of
construction projects.
5. The People’s
Committees of central-affiliated cities and provinces shall carry out state
management of scope of regulation of this Decree in the provinces; decide
project appraisal, basic design and design, construction estimate of Works
within their competence; direct and inspect Services of field-based Works in
terms of project appraisal, basic design, design, construction estimate of the
field-based Works, in particular:
a) Civil constructions, light industry Works,
building materials Works, technical infrastructure and transport Works in urban
areas (excluding urban area railways, bridges, and urban area highways) under
management of Services of Construction.
b) Transport works under management of the Services
of Transport (excluding works under management of the Services of Construction
prescribed in Point a of this Clause);
c) Agriculture and rural development works under
management of Services of Agriculture and Rural development;
d) Mining or petroleum works, power plants, power
transmission lines, electrical substations and field-based industrial Works
under management of Services of Industry and Trade.
6. The People’s
Committees of districts shall carry out state management of regulations of this
Decree in the districts; direct and inspect the offices in charge of
construction management in terms of project appraisal, design, and construction
estimate of Works under management of the People’s Committees of the provinces.
7. Ministries, agencies, People’s Committees of
central-affiliated cities and provinces, economic groups, and state-owned
general companies shall establish and re-organize field-based PMBs, area-based
PMBs in order to manage construction projects funded by government budget
capital, capital derived from loans, bonds, funds, etc under their management
as prescribed in this Decree. Any guiding document on this Decree may only be
issued by the Ministry of Construction.
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Article 77. Transitional provisions
1. Any basic design document that is submitted to
competent agencies and any construction design that is submitted to
construction authorities for assessment before January 1, 2015 shall keep
complying with the Law on Construction dated 2003. Any approval for adjustments
to project or design that is issued after January 1, 2015 shall comply with the
Law on Construction dated 2014.
2. Every Works that are commenced before January 1,
2015 and exempt from construction permit shall keep executing. If there is any
construction work that has been not commenced and subject to construction
permit, the application for construction permit is required as prescribed in
this Decree.
3. Licenses for construction practice issued by
competent agencies shall be kept using until they expire, these practice
licenses may be converted before their expiry dates as prescribed in this
Decree. After March 1, 2016, procedures for application for the practice
licenses shall be followed as prescribed in this Decree.
4. Every training organizations in construction
activities certified by the Ministry of Construction may keep operating. After
January 1, 2016, any training organization wishes to provide training courses
shall apply for certificate and announce on the website of the Ministry of
Construction as prescribed in this Decree.
5. Every participating organizations prescribed in
the Law on Construction dated 2014 that are required certificates of
eligibility for construction activities must have those licenses before March
1, 2016 as prescribed in this Decree.
Article 78. Effect
1. This Decree takes effect from August 5, 2015 and
replaces Decree No. 12/2009/ND-CP dated February 12, 2009 of the Government on
construction project management; Decree No. 83/2009/ND-CP dated October 15,
2009 on amendments to Decree No. 12/2009/ND-CP dated February 12, 2009 of the
Government on construction project management; Decree No. 64/2012/ND-CP dated
September 4, 2012 of the Government on construction permit issuance;
regulations on design assessment prescribed in Decree No. 15/2013/ND-CP dated
February 6, 2013 of the Government on construction quality management; Decree
No. 71/2005/ND-CP dated June 6, 2005 of the Government on particular
construction work management; regulations of Section 1 Chapter II of Decree No.
37/2010/ND-CP dated April 7, 2010 on formulation, appraisal, approval and
management of urban planning; Decision No. 87/2004/QD-Tag dated May 19, 2004 of
the Prime Minister on issuance of Regulations of management of foreign
contractor operation in Vietnam; Decision No. 03/2012/QD-Tag dated January 16,
2012 of the Prime Minister on amendments to Regulations of management of
foreign contractor operation in Vietnam issued together with Decision No. 87/2004/QD-Tag;
Decision No. 39/2005/QD-Tag dated February 28, 2005 of the Prime Minister on
guidelines for Article 121 of the Law on Construction. Every regulation of the
Government, Ministries, ministerial-level agencies and local governments in
contrary to this Decree shall be annulled.
2. The Minister of Construction is responsible for
guidance and implementation of this Decree./.
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ON BEHALF OF
THE GOVERNMENT
PRIME MINISTER
Nguyen Tan Dung
APPENDIX 1
CONSTRUCTION PROJECT
CLASSIFICATION
(Issued together with Decree No. 59/2015/ND-CP dated June 18, 2015 of the
Government)
No.
Construction
project type
Total
investment
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PROJECT OF NATIONAL IMPORTANCE
1. By total investment:
Project funded by public investment capital
≥ VND 10,000
billion
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a) Nuclear power plants;
b) Use of following land types requesting for
changes in land use purposes: national parks, nature reserves, protected
landscape areas, research and scientific experiment forests with at least 50
hectares in area; riverhead protective forests with at least 50 hectares in
area; windbreak, sand break, surf break, , sea encroachment, environment
protective forests with at least 500 hectares in area; or production forests
with at least 1,000 hectares in area;
c) Use of paddy land plot that is cultivated for
at least two crops and requested for changes in land use purposes with at
least 500 hectares in area;
d) Relocation of at least 20,000 emigrants in
mountainous region or at least 50,000 emigrants in other regions;
dd) Projects that require special polices decided
by the National Assembly.
Regardless of
total investment
II
GROUP A
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1. Projects located in administrative divisions
having special national vestige.
2. Projects located in essential administrative
divisions to national defense and security as prescribed.
3. Projects related to national defense and
security and state secrets.
4. Projects of manufacturing of noxious agents or
explosives.
5. Projects of industrial zone or processing and
exporting zone infrastructure.
Regardless of
total investment
II.2
1. Transportation, including bridges, sea ports,
river ports, airports, railway and highway.
2. Electrical industry.
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4. Chemical,
fertilizer, cement.
5. Mechanical manufacture, metallurgy.
6. Mineral extraction and processing.
7. Residential area construction.
≥ VND 2,300
billion
II.3
1. Transportation projects, excluding projects
prescribed in Point 1 of Section II.2
2. Irrigation.
3. Water supply and drainage and infrastructural
constructions.
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5. Communications or electronics equipment
manufacture.
6. Pharmaceutical
chemistry.
7. Material manufacture, excluding projects
prescribed in Point 4 of Section II.2
8. Mechanical construction, excluding projects
prescribed in Point 5 of Section II.2
9. Post and telecommunications.
≥ VND 1,500
billion
II.4
1. Agricultural production, forestry,
aquaculture.
2. National parks, wildlife sanctuary.
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4. Industry, excluding projects of industrial
field prescribed in Sections I.1, I.2 and I.3.
≥ VND 1,000
billion
II.5
1. Health, culture, education;
2. Scientific research, computing, broadcast;
3. Depot;
4. Tourism, sports;
5. Civil construction, excluding residential
construction prescribed in Section II.2.
≥ VND 800 billion
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GROUP B
III.1
Projects prescribed in Section II.2
From VND 12
billion to VND 2,300 billion
III.2
Projects prescribed in Section II.3
From VND 80
billion to VND 1,500 billion
III.3
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From VND 60
billion to VND 1,000 billion
III. 4
Projects prescribed in Section II.5
From VND 45
billion to VND 800 billion
IV
GROUP C
IV.1
Projects prescribed in Section II.2
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IV.2
Projects prescribed in Section II.3
< VND 80
billion
IV.3
Projects prescribed in Section II.4
< VND 60
billion
IV.4
Projects prescribed in Section II.5
< VND 45
billion
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APPENDIX II
REQUEST FOR
APPRAISAL OF CONSTRUCTION PROJECT AND BASIS DESIGN
(Issued together with Decree No. 59/2015/ND-CP dated June 18, 2015 of the
Government)
Form No.1
Request for appraisal of construction project and
basis design
Form No.2
Notification of project appraisal results
Form No.3
Notification of basic design appraisal results
Form No.4
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ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
Form No.5
Notification of results of appraisal of
construction economic-technical reports
Form No.6
Request for appraisal of construction design and
construction estimate
Form No.7
Notification of results of appraisal of construction
design and construction estimate
Form No. 01
NAME OF THE REQUESTING UNIT
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ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
No. ………….
(Place name), date (dd/mm/yyyy) ….
WRITTEN REQUEST FOR APPRAISAL OF CONSTRUCTION PROJECT OR
BASIC DESIGN
To: (Appraising authority)
Pursuant
to the Law on Construction dated June 18, 2014;
Other
relevant legal grounds..............................................................................
(Name of
the requesting unit) hereby requests (the appraising authority) to appraise the
construction project as follows:
I.
GENERAL INFORMATION
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ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
2.
Project group:
................................................................................................................
3. Type
and class of the work:
...........................................................................................
4.
Investment decision maker:
...........................................................................................
5. Name
of the investor (if any) and his/her contact information (address, mobile
phone, etc.): ...............
6.
Location:
......................................................................................................
7. Total
investment: ...............................................................................................
8.
Sources of investment:
...............................................................................................
9.
Duration: ......................................................................................................
10.
Standards and regulations applied:
...........................................................................
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ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
12. Other
information (if any):
........................................................................................
II.
LIST OF DOCUMENTS ENCLOSED WITH THE REPORT
1. Legal
documents:
-
Decision on approval for investment guidelines (if the project is funded by
public capital) or written consent to investment guidelines or investment
registration certificate (if the project is funded by other capital sources);
-
Decision on selection of architecture design plan through competition or
selection according to regulations and selected design plan attached (if any);
-
Decision on selection of contractor in charge of project planning;
- 1/500
detailed construction plan (1/2000 plan for the industrial park larger than 20
ha) approved by the competent authority or construction planning license;
-
Competent authority’s written approval for or opinions about the fire safety
plan and environmental impact assessment report (if any).
-
Agreement on vertical clearance (if any);
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ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
- Other
relevant legal documents (if any).
2. Survey
and design documents, total investment (estimated):
-
Construction survey documents serving project planning;
-
Description of the feasibility study report (including total investment or
estimated total investment);
- Basic
design, including a drawing and description.
3.
Contractor profiles:
-
Information about capability of contractors in charge of carrying out survey/planning
project/creating basic design;
-
Practicing certificate and information about the design contractor’s capability
regarding the titles of survey leader, design project leader and design leader.
(Name of
the requesting unit) requests (the appraising authority) to consider appraising
(name of the project) containing the abovementioned contents./.
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ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
REPRESENTATIVE OF THE REQUESTING UNIT
(Signature, full name, position and
seal)
Name of the representative
Form No. 02
APPRAISING AUTHORITY
-------
THE SOCIALIST REPUBLIC OF VIETNAM
Independence - Freedom - Happiness
---------------
No.
…………………
Re. Result of appraisal
of… (name of the project)
(Place name), date (dd/mm/yyyy) ….
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ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
(The
appraising authority) has received the Written request for appraisal of (name
of the project) No. … dated … of …
Pursuant
to the Law on Construction dated June 18, 2014;
Other
relevant legal grounds…………………………………..
After
considering and consolidating opinions and appraisal results of relevant
organizations, (the appraising authority) hereby notifies the result of
appraisal of (name of the project) as follows:
I.
GENERAL INFORMATION ABOUT THE PROJECT
1. Name
of the project: .......................................................................................................
2.
Project group, type, class and scale of work:
.................................................................
3.
Investment decision maker: ...........................................................................................
4. Name
of the investor (if any) and his/her contact information (address, mobile
phone, etc.): ...............
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ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
6. Total
investment:
...............................................................................................
7.
Sources of investment:
...............................................................................................
8.
Duration:
......................................................................................................
9.
Standards and regulations applied:
...............................................................................
10.
Contractor in charge of preparing the feasibility study report:
..................................................................
11. Other
information (if any):
........................................................................................
II.
DOCUMENTS SUBMITTED TO APPLY FOR APPRAISAL OF PROJECT
1. Legal
documents:
..........................................................................................................
(List all
legal documents in the application package)
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ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
3.
Contractor profiles:
........................................................................................
III.
PROJECT DOSSIER SUBMITTED TO APPLY FOR APPRAISAL
Brief
basic contents of the project dossier enclosed with the requesting unit's
written request for project appraisal.
IV.
OPINIONS OF COOPERATING UNITS
Consolidate
opinions of cooperating units within their jurisdiction.
V.
PROJECT APPRAISAL RESULT
1. The
appraisal of the basic design covers:
-
Conformity of the basic design with the detailed construction planning, the
approved total construction site or the selected plan for route-based work if
the work is constructed along a route;
-
Conformity of the basic design with the construction location, connectivity
with infrastructure of the area where the project is executed;
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ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
-
Conformity of design solutions in terms of assurance of construction safety,
environmental protection and fire and explosion prevention and control;
-
Compliance with technical standards and regulations on design;
-
Construction capacity of the organization, capacity of the individual providing
counseling on design creation;
-
Conformity of solutions for organizing project execution at each stage and for
each work item with the basic design requirements.
2. The
appraisal of total investment covers:
............................................................................................................................................
3.
Appraisal of other contents of the feasibility study report:
-
Assessment of the necessity for construction;
-
Assessment of factors ensuring feasibility of the project;
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ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
VI.
CONCLUSION
(Name of
the project) is eligible (ineligible) to be appraised and for further steps to
be taken.
The
abovementioned notification of result of appraisal of (name of the project) is
given by (the appraising authority). For the investor’s compliance./.
APPRAISING AUTHORITY
(Signature, full name, position and
seal)
Form No. 03
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ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
THE SOCIALIST REPUBLIC OF VIETNAM
Independence - Freedom - Happiness
---------------
No.
………….
Re. Result of appraisal of
basic design of … (name of the project)
(Place name), date (dd/mm/yyyy) ….
To: (Name of the requesting unit)
(The
appraising authority) has received the Written request for appraisal of basic
design of (name of the project) No. … dated … of …
Pursuant
to the Law on Construction dated June 18, 2014;
Other
relevant legal
grounds..............................................................................
After
consideration, (the appraising authority) hereby notifies result of appraisal
of basic design of (name of the project) as follows:
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ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
1. Name
of the project:
.......................................................................................................
2.
Project group, type, class and scale of work:
.................................................................
3.
Investment decision maker:
...........................................................................................
4. Name
of the investor (if any) and his/her contact information (address, mobile
phone, etc.): ...............
............................................................................................................................................
5.
Location: ......................................................................................................
6. Total
investment:
...............................................................................................
7.
Sources of investment: ...............................................................................................
8.
Duration:
......................................................................................................
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ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
10.
Contractor in charge of preparing the feasibility study report:
..................................................................
11. Other
information (if any): ........................................................................................
II.
DOCUMENTS SUBMITTED TO APPLY FOR APPRAISAL OF PROJECT
1. Legal
documents:
.........................................................................................................
(List
legal documents in the application package)
2.
Project, survey and design dossiers and materials:
......................................................
3.
Contractor profiles: ........................................................................................
III.
PROJECT DOSSIER SUBMITTED TO APPLY FOR APPRAISAL
Brief
basic contents of the basic design documentation enclosed with the requesting
unit's written request for basic design appraisal.
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Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
-
Conformity of the basic design with the detailed construction planning, the
approved total construction site or the selected plan for route-based work if
the work is constructed along a route;
-
Conformity of the basic design with the construction location, connectivity
with infrastructure of the area where the project is executed;
-
Conformity of a technology plan or production line which is selected with
respect to any project that requires technology design;
-
Conformity of design solutions in terms of assurance of construction
safety, environmental protection and fire and explosion prevention and control;
-
Compliance with technical standards and regulations on design;
-
Construction capacity of the organization, capacity of the individual providing
counseling on design creation;
-
Conformity of solutions for organizing project execution at each stage and for
each work item with the basic design requirements;
-
Opinions about application of unit prices, quotas, assessment of design
solutions for cost savings of work construction (regarding the public-private
partnership project).
V.
CONCLUSION
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ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
The
description needs amending and completing
The
abovementioned result of appraisal of the basic design of (name of the project)
is given by (the appraising authority). For the investor’s compliance./.
APPRAISING AUTHORITY
(Signature, full name, position and
seal)
Form No. 04
NAME OF THE REQUESTING UNIT
-------
THE SOCIALIST REPUBLIC OF VIETNAM
Independence - Freedom - Happiness
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ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
(Place name), date (dd/mm/yyyy) ….
WRITTEN REQUEST FOR APPRAISAL OF CONSTRUCTION INVESTMENT ECONOMIC-TECHNICAL
REPORT
To: (Appraising authority)
Pursuant
to the Law on Construction dated June 18, 2014;
Other
relevant legal grounds.
(Name of
the investor) hereby requests (the appraising authority) to appraise the
construction design (technical design/construction drawing design) and
construction estimate.
I.
GENERAL INFORMATION ABOUT THE WORK
1. Name
of the work:
..........................................................................................................
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ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
3. Name
of the investor and his/her contact information (address, mobile phone, etc.):
............................
4.
Location: ......................................................................................................
5.
Construction estimated value:
.............................................................................
6.
Sources of investment: ...............................................................................................
7.
Contractor in charge of preparing the construction design and construction
estimate: ..................................................................
8.
Standards and regulations applied: ..............................................................................
9. Other
relevant information:
........................................................................................
II.
LIST OF ENCLOSED DOCUMENTS
1. Legal
documents:
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ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
- Written
approval for the list of foreign standards (if any);
- Competent authority’s written approval for the fire safety
plan and environmental impact assessment report (if any);
-
Investor’s consolidated report;
- And
other relevant documents.
2.
Construction survey and design documents, estimate:
-
Construction survey documents;
-
Construction drawing design documentation, including a description and drawing;
-
Construction estimate of the work funded by state budget capital or off-budget
state capital.
3.
Contractor profiles:
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ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
-
Construction license issued to the foreign contractor (if any);
-
Certified copy of the practicing certificate of the survey leader, design
project leader and design leader;
(Name of
the requesting unit) requests (the appraising authority) to consider appraising
the abovementioned construction design and construction estimate of….
(name of the work)./.
REPRESENTATIVE OF THE REQUESTING UNIT
(Signature, full name, position and
seal)
Name of the representative
Form No. 05
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ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
THE SOCIALIST REPUBLIC OF VIETNAM
Independence - Freedom - Happiness
---------------
No.
…………………
Re. Result of appraisal
of construction investment economic-technical report
(Place name), date (dd/mm/yyyy) ….
To: ………………………………………..
(The appraising
authority) has received the Written request for appraisal of the construction
investment economic-technical report No. .... dated …. of …………
Pursuant
to the documents submitted together with the written request for appraisal to
apply for appraisal;
Pursuant
to the Decision on approval for investment guidelines No. .... dated …. of ……;
Based on
the result of appraisal of the consultancy and individual's construction
drawing design and construction estimate (if any) that is assigned by (name of the
appraising authority);
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ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
After
consideration, (the appraising authority) hereby notifies result of appraisal
of construction design and construction estimate as follows:
I.
GENERAL INFORMATION ABOUT THE WORK
- Name of
the work …………….. Type and class of the work:
...................................................................
-
Investor: .....................................................................................................................
-
Construction estimated value:
...............................................................................
- Capital
sources: ............................................................................................................
-
Location:
..........................................................................................................
-
Contractor in charge of preparing the construction design and construction estimate:
..................................................................
-
Contractor in charge of carrying out construction survey:
............................................................................................
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ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
1. List
of documents submitted to apply for appraisal.
2.
Technical regulations and standards applied.
3. Major
design solutions in terms of: Architecture, foundation, technical system, fire
and explosion prevention and control system and other contents (if any).
4.
Selected method for preparing estimate and grounds for determining cost-related
accounts included in the construction estimate submitted to apply for appraisal
(if any).
III. RESULT OF APPRAISAL OF CONSTRUCTION INVESTMENT ECONOMIC-TECHNICAL
REPORT
1.
Conformity of the report with the Decision on approval for investment
guidelines.
2.
Qualifications of the organization or individual in charge of carrying out
survey and creating design; preparing construction estimate (if any);
Qualifications of the individual in charge of appraising construction design
and construction estimate (if any);
3.
Rationality of construction design solutions.
4.
Compliance with applied technical standards and regulations and legislative
regulations on use of building materials for the work.
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ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
6.
Rationality of selected production line and equipment for design of the work in
conformity with technological requirements (if any).
7.
Compliance with regulations on environmental protection, fire and explosion
prevention and control.
8.
Request for modification of the design (if any)
(Regarding
the project funded by other capital sources, in addition to the abovementioned
appraised contents, it is required to appraise the contents specified in Points
a and b Clause 4 Article 57 of the Law on Construction 2014)
Result of
estimate appraisal (if required)
9.
Consistency between major estimated costs and designed costs;
10.
Accuracy and rationality of application and use of construction quotas and unit
prices for construction.
11.
Construction estimated value: …………… (in words), including:
-
Construction cost: ..........................................................................................................
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ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
- Project
management cost:
................................................................................................
-
Investment and construction consulting cost:
..........................................................................................................
- Other
costs:
..........................................................................................................
-
Provisions:
..........................................................................................................
12. Other
contents (if any)
IV.
CONCLUSION AND RECOMMENDATION
-
Eligibility or ineligibility to be appraised.
-
Recommendations to the investor (if any)
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ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
APPRAISING AUTHORITY
(Signature, full name, position and
seal)
Form No. 06
NAME OF THE REQUESTING UNIT
-------
THE SOCIALIST REPUBLIC OF VIETNAM
Independence - Freedom - Happiness
---------------
No. ………….
(Place name), date (dd/mm/yyyy) ….
WRITTEN REQUEST FOR APPRAISAL OF CONSTRUCTION DESIGN AND
CONSTRUCTION ESTIMATE
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ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
Pursuant
to the Law on Construction dated June 18, 2014;
Other
relevant legal grounds.
(Name of
the investor) hereby requests (the appraising authority) to appraise the construction
design (technical design/construction drawing design) and construction
estimate.
I.
GENERAL INFORMATION ABOUT THE WORK
1. Name
of the work:
..........................................................................................................
2. Class
of the work:
................................................................................................
3.
Project: According to the approved investment
decision..............................................
4. Name
of the investor and his/her contact information (address, mobile phone, etc.):
............................
5.
Location:
......................................................................................................
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7.
Sources of investment:
...............................................................................................
8.
Contractor in charge of preparing the construction design and construction
estimate: ..................................................................
9.
Standards and regulations applied:
.............................................................................
10. Other
relevant information: ........................................................................................
II.
LIST OF ENCLOSED DOCUMENTS
1. Legal
documents:
-
Decision on approval for investment guidelines;
- Basic
design documentation approved together with the construction project;
- Written
approval for the list of foreign standards (if any);
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-
Investor’s consolidated report;
- Other
relevant documents.
2. Construction
survey and design documents, estimate:
-
Construction survey documents;
-
Technical design/Construction drawing design documentation, including
descriptions and drawings;
-
Construction estimate of the work is funded by state budget capital and off-budget
state capital.
3.
Contractor profiles:
-
Information about capability of contractors in charge of carrying out survey
and engineering contractors;
-
Construction license issued to the foreign contractor (if any);
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(Name of
the requesting unit) requests (the appraising authority) to consider appraising
the abovementioned construction design and construction estimate of….
(name of the work)./.
REPRESENTATIVE OF THE REQUESTING UNIT
(Signature, full name, position and
seal)
Name of the representative
Form No. 07
APPRAISING AUTHORITY
-------
THE SOCIALIST REPUBLIC OF VIETNAM
Independence - Freedom - Happiness
---------------
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(Place name), date (dd/mm/yyyy) ….
To: ………………………………………..
(The
appraising authority) has received the Written request No. .... dated…. of………. for
appraisal of the construction design (TKKT/TKBVTC) and construction estimate
(if any) of …….. (name of the work)
of....................................................... (name of the
investment project)
Pursuant
to the documents submitted together with the written request for appraisal to
apply for appraisal;
Based on
the result of appraisal of the consultancy and individual's construction design
(TKKT/TKBVTC) and construction estimate (if any) that is assigned by (name of
the appraising authority);
Other
relevant legal
grounds..............................................................................
After
consideration, (the appraising authority) hereby notifies result of appraisal
of construction design and construction estimate as follows:
I. GENERAL
INFORMATION ABOUT THE WORK
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-
Investment project:
...................................................................................................
-
Investor:
.....................................................................................................................
-
Construction estimated value:
...............................................................................
- Capital
sources:
.............................................................................................................
-
Location: ..........................................................................................................
-
Contractor in charge of preparing the construction design and construction
estimate (if any)
-
Contractor in charge of carrying out construction survey:
............................................................................................
III.
DOCUMENTS SUBMITTED TO APPLY FOR APPRAISAL
1. List
of documents submitted to apply for appraisal.
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3. Major
design solutions in terms of: Architecture, foundation, technical system, fire
and explosion prevention and control system and other contents (if any).
4.
Selected method for preparing estimate and grounds for determining cost-related
accounts included in the construction estimate submitted to apply for appraisal
(if any).
III.
RESULT OF APPRAISAL OF CONSTRUCTION DESIGN
1.
Qualifications of the organization or individual in charge of carrying out
survey and creating design; preparing construction estimate (if any);
Qualifications of the individual in charge of appraising construction design
and construction estimate (if any);
2.
Relevance of the succeeding construction design to the preceding one (technical
design compared with the basic design; construction drawing design compared
with the technical design in the case of three-step design process, compared
with the basic design in the case of two-step design process or compared with
the design objectives in the case of single-step design process).
3.
Rationality of construction design solutions;
4.
Compliance with applied technical standards and regulations and legislative
regulations on use of building materials for the work.
5.
Relevance of construction design solutions to useful effects of the work, level
of safety of the work and assurance of safety of adjacent works.
6.
Rationality of selected production line and equipment for design of the work in
conformity with technological requirements (if any).
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8.
Request for modification of the design (if any).
IV. RESULT OF ESTIMATE APPRAISAL (IF REQUIRED)
1.
Consistency between major estimated costs and designed costs;
2.
Accuracy and rationality of application and use of construction quotas and unit
prices for construction.
3.
Construction estimated value: …………… (in words), including:
-
Construction cost:
..........................................................................................................
-
Equipment cost (if any):
....................................................................................................
- Project
management cost:
................................................................................................
-
Investment and construction consulting cost:
..........................................................................................................
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-
Provisions:
..........................................................................................................
4. Other
contents (if any):
........................................................................................
V.
CONCLUSION AND RECOMMENDATION
-
Eligibility or ineligibility to be appraised.
-
Recommendations to the investor (if any).
APPRAISING AUTHORITY
(Signature, full name, position and
seal)
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