THE NATIONAL
ASSEMBLY
------- |
SOCIALIST REPUBLIC
OF VIETNAM
Independence - Freedom - Happiness --------------- |
No.
50/2014/QH13
|
Hanoi,
June 18, 2014
|
Pursuant
to the Constitution of the Socialist Republic of Vietnam;
The
National Assembly promulgates the Construction Law.
Chapter
I
GENERAL PROVISIONS
Article 1. Scope of regulation
This Law prescribes the rights, obligations and
responsibilities of agencies, organizations and individuals and the state
management in construction investment activities.
Article 2. Subjects of application
This Law applies to domestic agencies, organizations and
individuals; foreign organizations and individuals conducting construction
investment activities in the territory of Vietnam.
In case a treaty to which the Socialist Republic of Vietnam
is a contracting party contains provisions different from those of this Law,
the provisions of that treaty will prevail.
Article 3. Interpretation of terms
In this Law, the terms below shall be construed as follows:
1. Construction investment pre-feasibility study report
means a document presenting the contents of preliminary study on the necessity
for, feasibility and effectiveness of, construction investment, which serves as
a basis for consideration of, and decision on, the construction investment
policy.
2. Construction investment feasibility study report means a
document presenting the contents of study on the necessity for, feasibility and
effectiveness of, construction investment in accordance with the selected basic
design plan, which serves as a basis for consideration of, and decision on,
construction investment.
3. Construction investment economic-technical report means
a document presenting the contents on the necessity for, feasibility and
effectiveness of, construction investment in accordance with the construction
drawing design plan for a small work, which serves as a basis for consideration
of, and decision on, construction investment.
4. Specialized construction work-managing ministry means a
ministry tasked to manage and conduct the construction of works in the
construction sector under its management.
5. Red-line boundary means a boundary line drawn on the
planning map and on the field for the purpose of demarcating land plots
permitted for construction of works and land plots reserved for roads or
technical infrastructure facilities and other public spaces.
6. Construction boundary means a limit line of a land
parcel within which the main work is permitted to be constructed.
7. Construction-planned land use norms means the norms used
for management of spatial and architectural development specifically identified
for an area or a land lot, including the construction density, land use
coefficient and maximum and minimum construction elevations of works.
8. Economic-technical norms of a construction plan means
the norms forecasted, determined and selected for use as a basis for proposing
options and solutions for construction planning, including population size,
land, technical and social infrastructure and environmental norms.
9. Construction project owner (below referred to as project
owner) means an agency, organization or individual that owns funds, borrows
loans, or is assigned to directly manage and use funds, for construction
investment activities.
10. Construction work means a product created by human
labor and with building materials and equipment installed therein, affixed to
land, which possibly includes underground and surface components, underwater
and water surface components, and constructed according to design. Construction
works include civil works, industrial works, traffic works, agricultural and
rural development works, technical infrastructure works and other works.
11. Construction level means the compulsory minimum
construction elevation selected in conformity with the master plan on the
foundation and rainwater drainage height.
12. Construction state management agencies include the
Ministry of Construction, People’s Committees of provinces or centrally run
cities (below collectively rcĩcưed to as provincial- level People’s Committees)
and People’s Committees of rural districts, urban districts, towns or
provincial cities (below collectively referred to as district-level People’s
Committees).
13. Specialized construction agencies means specialized
agencies of the Ministry of Construction or specialized construction
work-managing ministries; provincial-level Construction Departments or
specialized construction work-managing Departments; construction management
sections of district-level People’s Committees.
14. Specialized agencies attached to an investment decider
means agencies or organizations with expertise relevant to the characteristics
and contents of projects, which are tasked by investment deciders to conduct
appraisal.
15. Construction investment project means a collection of
proposals concerning use of funds for construction, repair or renovation of a
construction work with a view to developing, maintaining and raising the
quality of the work or product or service within a given duration at specified
costs. At the stage of investment construction project preparation, the project
shall be demonstrated through the construction investment pre-feasibility study
report, the construction investment feasibility study report or construction investment
economic-technical report.
16. Rural residential quarter means an area where many
households are bound together in their production, daily life and other social
activities within a specific zone formed on the basis of natural conditions,
socio-economic conditions, culture and other factors.
17. Construction permit means a legal document granted by a
competent state agency to a project owner for construction, repair, renovation
or relocation of a work.
18. Construction permit with a definite period means a
construction permit granted for construction of a work or separate house within
a given duration under the plan for implementation of the construction master
plan.
19. Phased construction permit means a construction permit
granted for every part of a work or every work of a project when the
construction design of the work or project is not yet completely implemented.
20. Construction investment activities means a process of
conducting construction activities including construction, repair and renovation
of a construction work.
21. Construction activities cover construction planning,
formulation of a investment project to construct a work, construction survey,
construction design, construction, construction supervision, project
management, selection of contractors, pre-acceptance test, handover of the work
for exploitation or use, its warranty and maintenance and other activities
related to its construction.
22. Technical infrastructure system includes traffic,
information and communication, energy supply, public lighting, water supply,
wastewater and solid waste collection and treatment facilities, cemeteries and
other works.
23. Social infrastructure system includes health care,
cultural, educational, sports, commercial and public service works, trees,
parks and other works.
24. Construction investment consultancy activities cover
construction planning, formulation of an investment project to construct a
work, construction survey, design, verification, inspection, experimentation,
project management, construction supervision and other counseling jobs related
to construction investment activities.
25. Particular-function zone means an area developed
according to an exclusive function or mixed functions such as economic zone,
industrial park, export processing zone, hi-tech park; tourist resort,
ecological zone, conservation zone, historical-cultural relic zone; research
and training zone; physical training and sports zone; airport, seaport,
technical infrastructure key zone; and another particular-function zone
identified under the approved regional construction master plan or formed under
decision of a competent state agency.
26. Formulation of a construction investment project covers
formulation of a construction investment pre-feasibility study report (if any),
construction investment feasibility study report or construction investment
economic-technical report and the performance of necessary jobs to prepare the
construction investment.
27. Investment decider means a person or at-law
representative of an agency, organization or enterprise who is competent to
approve the project and decide on construction investment.
28. Contractor in construction investment activities (below
referred to as contractor) means an organization or individual that has full construction
capacity or practice capacity when participating in contractual relations in
construction investment activities.
29. Separate house means a work constructed within a
residential land area under the use rights of a household or an individual in accordance
with law.
30. Construction planning means the organization of spaces
of urban and rural areas and particular-function zones; the organization of
technical and social infrastructure systems; the establishment of an
environment suitable to people residing in territorial areas, ensuring the
harmony between national interests and community interests, attaining the
socio-economic development, national defense, security, environmental
protection and climate change response objectives. Construction planning is
demonstrated through a construction plan consisting of diagrams, drawings,
mock-ups and explanations.
31. Regional construction planning means the organization
of systems of urban and rural areas and particular-function zones and systems
of technical and social infrastructure works within the administrative
boundaries of a province or a district, inter-provinces or inter-districts,
which meets the socio-economic development requirements in each period.
32. Particular-function zone construction planning means
the organization of space, architecture and landscape, systems of technical and
social infrastructure works within a particular-function zone. The
particular-function zone construction planning covers general construction
planning, construction sub-zone planning and construction detailed planning.
33. Rural construction planning means the organization of
space, land use, systems of technical infrastructure and social infrastructure
works of a rural area. The rural construction planning covers commune general
construction planning and rural residential quarter construction detailed
planning.
34. Construction work incident mean a breakdown beyond the
allowable safety limit which puts the construction work or its construction
supporting structures in danger of collapse or has caused the collapse of part
or whole of the work in the course of construction or exploitation and use.
35. Construction general contractor means a contractor
signing a contract directly with a project owner to undertake one job, some
jobs or all jobs of a construction investment project.
36. Appraisal means the examination and assessment of the
investment decider, project owner and specialized construction agency of
necessary contents in the course of preparing and implementing a construction
investment project, which serve as a basis for consideration and approval.
37. Verification means the professional examination and
assessment by an organization or individual with full construction and practice
capacity of necessary contents in the course of preparing and implementing a
construction investment project, which serve as a basis for appraisal work.
38. Construction of a work means the construction of, and
installation of equipment for, a newly built, repaired, renovated, relocated, embellished
or restored work; dismantlement of a work; warranty and maintenance of a
construction work.
39. Equipment installed in a work includes work equipment
and technological equipment. Work equipment means equipment installed in a
construction work according to its construction design. Technological equipment
means equipment included in the technological chain installed in a work
according to its technological design.
40. Preliminary design means a design made in the
construction investment pre-feasibility study report, demonstrating the initial
ideas on the design of a construction work, preliminary selection of
technological lines and equipment, which serves as a basis for determining the
construction investment policy.
41. Basic design means a design made in the construction
investment feasibility study report, based on the selected design plan,
demonstrating the principal technical parameters suitable to applied standards
and technical regulations, which serves as a basis for proceeding with subsequent
designing steps.
42. Technical design means a design detailing the basic
design after the work construction investment project is approved in order to
fully demonstrate solutions, technical parameters and to be-used materials
conforming with the applied standards and technical regulations, which serves
as a basis for making the construction drawing design.
43. Construction drawing design means a design fully
demonstrating the technical parameters, to be-used materials and structural
details conforming with the applied standards and technical regulations, fully
meeting the conditions for construction of a work.
44. Construction planning time limit means a duration
identified to be the basis for forecast and calculation of economic-technical
norms for formulation of a construction plan.
45. Planning region means the territorial space demarcated
by one or many administrative units and decided by a competent state agency.
Article 4. Basic principles of construction investment
activities
1. Ensuring the compliance of work construction investment
with master plans and designs, the protection of scenery and environment; the
suitability to natural and social conditions and cultural characteristics of
each locality; ensuring the stable life of people; combining socio-economic
development with national defense and security and response to climate change.
2. Rationally using resources and natural resources in
project areas, ensuring proper purposes, proper subjects and process of
construction investment.
3. Complying with standards and technical regulations,
regulations on the use of building materials; ensuring convenient and safe
access for people with disabilities, the elderly and children to public
facilities and high-rises; ensuring scientific and technological application
and information system application to construction investment activities.
4. Ensuring the quality, schedule and safety of works,
human lives and health and property; fire and explosion prevention and
fighting; and environmental protection.
5. Ensuring synchronous construction within each work and
synchronism with technical and social infrastructure facilities.
6. Organizations and individuals involved in construction
activities must have full capacity conditions suitable to types of projects,
types and grades of construction works and jobs as prescribed by this Law.
7. Ensuring the publicity, transparency, thrift and
efficiency; preventing and combating corruption, waste, loss and other negative
practices in construction investment activities.
8. Clearly defining the function of state management in
construction investment activities from the function of management of project
owners suitable to each type of to used funding sources.
Article 5. Types and grades of construction works
1. Construction works shall be classified by type and
grade.
2. Types of construction works determined by utility
include civil works, industrial works, traffic works, agricultural and rural
development works, technical infrastructure and national defense or security
works.
3. Grades of construction works shall be determined
according to types of works and based on their sizes, purposes, importance,
lifetime, used materials and technical requirements on construction.
The grades of works include special grade, grade I, grade II,
grade III, grade IV and other grades stipulated by the Government.
Article 6. Application of standards and technical
regulations in construction investment activities
1. Construction investment activities must comply with
national technical regulations.
2. Standards shall be applied in construction investment
activities on the principle of voluntariness, excluding standards referred in
technical regulations or other relevant legal documents.
3. Standards applicable to works shall be considered and
approved by investment deciders when deciding the investment.
4. The application of standards must satisfy the following
requirements:
a/ Meeting the requirements of national technical
regulations and relevant laws;
b/ Ensuring synchronism and feasibility of the applied
standard system.
5. The application of technical solutions, technologies and
new materials in construction investment activities must satisfy national
technical regulations and relevant laws.
6. The Ministry of Construction and specialized construction
work-managing ministries shall formulate standards and national technical
regulations applicable to specialized construction works in accordance with the
law on standards and technical regulations.
Article
7. Project owners
1. The project owner shall be decided by the investment
decider before the formulation or approval of a project.
2. Depending on funding sources used for projects, project
owners shall be specifically determined as follows:
a/ For a project using state budget funds or non-budget state
funds, the project owner is the agency or organization assigned by the
investment decider to manage and use the funds for construction investment;
b/ For a project financed by a loan, the project owner is
the agency, organization or individual that borrows the loan for construction
investment;
c/ For a project to be implemented under project contract
or public-private partnership contract, the project owner is the project
enterprise established with the investors’ agreement in accordance with law;
d/ For projects other than those prescribed at Points a, b
and c of this Clause, the owners of funds shall act as project owners.
3. Based on the specific conditions of projects using state
budget funds, the investment deciders shall assign the specialized construction
investment project management units or regional construction investment project
management units to be project owners; if the project management units are not
available, investment deciders shall select fully qualified agencies or
organizations to be project owners.
4. Project owners shall take responsibility before law and
investment deciders within the limits of their rights and obligations
prescribed in this Law and relevant laws.
Article 8. Monitoring and evaluation of construction
investment projects
1. Construction investment projects shall be monitored and
evaluated as suitable to each type of funding source as follows:
a/ For projects using state funds, competent state agencies
shall conduct the monitoring and evaluation in accordance with the law on
public investment and law on construction according to the approved evaluation
contents and criteria;
b/ For projects using other funding sources, competent
state agencies shall conduct the monitoring and evaluation of objectives,
conformity with relevant master plans, land use, construction investment
schedule and environmental protection.
2. Infrastructure construction investment projects using
state funds or community- contributed funds and financial assistance of
domestic organizations and individuals are subject to community supervision.
Within the ambit of their tasks and powers, the Vietnam
Fatherland Front Committees in construction areas shall organize the community
supervision.
3. The Government shall detail this Article.
Article 9. Insurance in construction investment activities
1. Insurance in construction investment activities covers:
a/ Work insurance during the construction;
b/ Construction investment consultancy professional
liability insurance;
c/ Insurance for construction supplies, materials, means,
equipment and laborers;
d/ Civil liability insurance for third party;
dd/ Construction work warranty insurance.
2. Responsibility to buy compulsory insurance in
construction investment activities is prescribed as follows:
a/ Project owners shall buy work insurance during the
construction for works affecting the community safety, environment, works with
particular technical requirements and complicated construction conditions;
b/ Consultancy contractors shall buy construction
investment consultancy professional liability insurance for construction survey
and construction design of construction works of grade II or higher grade;
c/ Construction contractors shall buy insurance for
construction workers working on the construction sites.
3. Project owners, consultancy contractors and construction
contractors are encouraged to buy types of insurance in construction investment
activities, except for the case specified in Clause 2 of this Article.
4. The Government shall detail the responsibility to buy
compulsory insurance, the conditions, premium levels and minimum insurance
money which the insured and insurers are obliged to comply with.
Article 10. Encouragement policies in construction
investment activities
1. Domestic and foreign organizations and individuals shall
be encouraged and given conditions to research and apply advanced construction
science and technology, use new materials, conserve energy and resources,
protect the environment and respond to climate change; to conserve, embellish and
promote the value of historical relics, cultural heritages, beliefs and
religion; organizations and individuals shall be given conditions to build
social houses, participate in construction investment under planning in
mountainous areas, areas facing exceptionally difficult socio-economic
conditions and areas prone to climate change.
2. Stakeholders of all economic sectors in construction
investment activities shall be treated equal before law, encouraged and given
favorable conditions in construction investment activities; contractors with
works conferred by the State with the construction work quality awards shall be
given priority when they participate in bidding in construction activities.
3. A number of public services provided by state management
agencies in construction investment activities shall be gradually transferred
to fully capable and qualified socio- professional organizations for provision.
Article 11. International cooperation in construction
investment activities
1. Domestic organizations and individuals shall be
encouraged to expand international cooperation in construction investment
activities, transfer of technologies, techniques, managerial experiences and
use of new materials.
2. The State shall protect Vietnamese construction brands
overseas; create conditions to support and work out measures to promote the
conclusion and implementation of treaties and international agreements in
construction investment activities between domestic organizations and
individuals and foreign organizations and individuals on the basis of ensuring
the fundamental principles in construction investment activities prescribed in
Article 4 of this Law.
Article 12. Prohibited acts
1. Deciding on construction investment in contravention of
this Law.
2. Starting construction when the conditions therefor prescribed in this Law are not fully met.
3. Constructing works in non-construction zones ;
constructing works in encroachment upon the protection corridors of national
defense, security, traffic or irrigation works, dykes, energy facilities,
historical-cultural relic areas and protection zones of other works prescribed
by law; constructing works in areas prone to landslide, sweeping flood or flash
flood, except works built to overcome these phenomena.
4. Constructing works at variance with construction master
plan, except cases with construction permits with a definite term; in
encroachment of construction boundaries or construction levels; constructing
works at variance with granted construction permits.
5. Formulating, appraising and approving designs and cost
estimates of construction works using state funds in contravention of this Law.
6. Contractors participating in construction activities
when failing to fully satisfy the capacity conditions for carrying out construction
activities.
7. Project owners selecting contractors that fail to fully
meet the capacity conditions for conducting construction activities.
8. Constructing works not in compliance with the selected
standards and technical regulations to be applied to works.
9. Manufacturing and using building materials which cause
harms to community health and environment.
10. Violating regulations on labor safety and assets, fire
and explosion prevention and fighting, security, order and environmental
protection in construction.
11. Using works against their purposes and utility;
building annexes or lean-tos encroaching upon areas and spaces lawfully managed
or used by other organizations or individuals or upon public areas and
common-use areas.
12. Giving and taking bribe in construction investment
activities; abusing other legal persons to participate in construction
activities; committing manipulation and collusion to falsify the results of
project formulation, surveys, designs or supervision of construction.
13. Abusing positions and powers to violate the law on
construction; covering up and handling late acts in violation the law on
construction.
14. Obstructing lawful construction investment activities.
Chapter
II
CONSTRUCTION PLANNING
Section
1. GENERAL PROVISIONS
Article 13. Construction planning and bases for
construction planning
1. Construction planning shall be classified into the
following types:
a/ Regional construction planning;
b/ Urban construction planning;
c/ Particular-function zone construction planning;
d/ Rural construction planning.
2. Construction planning shall be based on the following:
a/
Strategies and master plans on socio-economic development, national defense,
security, sectoral masterplans, orientations for planning the national urban
center systems and relevant construction master plans already approved;
b/ Technical regulations on construction planning and other
relevant regulations;
c/ Maps, documents and data on current local socio-economic
situation and natural conditions.
3. Urban planning must comply with the law on urban
planning.
Article 14. Requirements and compliance principles on
construction planning
1. Requirements on construction planning include:
a/ Conforming with the objectives of strategies and master
plans on socio- economic development, national defense and security
maintenance, creating a motive force for sustainable socio-economic
development; consistent with sectoral development master plans; publicity,
transparency, harmony between national interests and community and personal
interests;
b/ Organizing and arranging territorial space on the basis
of rationally exploiting and using natural resources, land, historical relics,
cultural heritages and other resources in compatibility with natural and
socio-economic conditions, historical and cultural characteristics and
scientific and technological advances in each development period;
c/ Meeting the demand for use of the technical
infrastructure system; ensuring connection and uniformity of regional, national
and international technical infrastructure facilities;
d/ Protecting the environment, preventing and fighting
natural disasters and responding to climate change, minimizing the adverse
impacts on community, conservation, embellishment and development of the value
of historical relics, cultural heritages, beliefs and religions; ensuring
synchronism in architectural space, social and technical infrastructure
facilities;
dd/ Establishing bases for planning, investment management
and construction investment attraction, and managing, exploiting and using
regional construction works, particular-function zones and rural areas.
2. Compliance principles for construction planning include:
a/ The implementation of construction investment programs
and activities and the management of space, architecture and scenery must
comply with the approved construction master plans and conform with the
mobilized resources;
b/ Construction planning must ensure the uniformity and
conformity with planning at higher degrees.
Article 15. Review of construction planning
1. Construction planning shall be periodically examined and
reviewed and the implementation process shall be assessed in order to make
timely adjustments suitable to the socio-economic development situation in each
period. The construction planning-reviewing period is 10 years for regional
planning, 5 years for general planning and zoning planning and 3 years for
detailed planning after they are approved.
2. The People’s Committees at all levels shall review the
approved construction planning.
3. Results of construction planning review shall be
reported in writing to the state agencies competent to approve construction
planning for consideration and decision.
Article 16. Responsibility to collect comments on
construction planning
1. Agencies or project owners organizing construction
planning shall collect comments of related agencies, organizations, individuals
and communities on construction planning tasks and plans.
Related People’s Committees shall coordinate with
construction planning agencies and construction investment project owners in
collecting comments.
2. For the construction planning tasks and plans to be
approved by the Prime Minister, the Ministry of Construction shall collect
comments of other related ministries, central agencies and organizations;
provincial-level. People’s Committees shall collect comments of related
agencies, organizations, individuals and communities in their localities.
3. The contributed comments shall be fully summarized,
explained, assimilated and reported to competent state agencies for
consideration and decision.
Article
17. Forms and time of collecting comments on construction planning
1. The collection of comments of related agencies,
organizations and individuals on construction planning tasks and plans shall be
carried out in form of sending dossiers and documents or organizing conferences
or seminars. Consulted agencies, organizations and individuals shall reply in
writing or directly give comments.
2. The collection of comments of communities on
construction planning tasks and plans shall be carried out via collection of
comments of community representatives in form of questionnaires and interviews.
Community representatives shall summarize comments of their communities in
accordance with the law on grassroots democracy.
3. The collection of comments of communities on the tasks
and plans of zoning planning, detailed construction planning and commune
construction general planning or rural residential quarter construction
planning shall be carried out via comment cards through public display or
presentation of planning options in the mass media.
4. The duration for collecting comments on construction
planning must be at least 20 days for agencies and 40 days for organizations,
individuals and communities.
5. Construction planning agencies or organizations shall
receive comments of agencies, organizations and communities to complete the
construction planning tasks and plans; in case of refusal, they shall reply in
writing and clearly state the reasons before the master plans are approved.
6. The Government shall detail the collection of comments
on construction planning tasks and plans from related agencies, organizations,
individuals and communities.
Article 18. Selection of construction planning consultancy
organizations
1. Agencies organizing construction planning shall decide
on forms of selecting consultancy organizations to participate in construction
planning in accordance with law.
2. When selecting construction planning consultancy
organizations, construction planning agencies or project owners shall base
themselves on the capacity conditions on construction planning consultancy
organizations prescribed in this Law, and take responsibility before law for
the damage caused by the selection of consultancy organizations that fail to
fully meet the capacity conditions.
3. To encourage the selection of construction planning
consultancy organizations in form of contest for general master plans on
construction of large particular functional zones of special significance and
construction zone master plans and detailed master plans on construction of
areas of important significance in the particular-function zones.
Article 19. Funds for construction planning
1. The State shall ensure funds as prescribed by law for
construction planning work.
2. The State shall encourage domestic and foreign
organizations and individuals to provide funds for construction planning.
Article 20. Order of construction planning and approving
construction planning
Construction planning shall be demonstrated through
construction plans and must comply with the following order:
1. Devising and approving construction planning tasks;
2. Conducting field investigations and surveys; collecting
maps, documents and data on natural conditions, current socio-economic
situation, socio-economic development master plans and relevant sectoral
development master plans for the formulation of construction plans;
3. Formulating construction plans;
4. Appraising and approving construction plans.
Article 21. Archive of construction plan dossiers
1. Construction planning agencies, organizations and
project owners shall archive dossiers of approved construction plans in
accordance with the law on archive.
2. Construction planning state management agencies and land
management agencies at different levels shall archive construction plan
dossiers and provide them to individuals, organizations and competent state
agencies in accordance with law.
Section
2. REGIONAL CONSTRUCTION PLANNING
Article 22. Regional construction planning and
responsibility to organize regional construction planning
1. Regional construction planning shall be carried out for
the following regions:
a/ Inter-provincial regions;
b/ Provincial regions;
c/ Inter-district regions;
d/ District regions;
dd/ Particular-function zones;
e/ Regions lying along expressways or inter-provincial
economic corridors.
2. In an inter-provincial or provincial construction plan,
the technical-infrastructure system planning shall be detailed via specialized
technical-infrastructure plans.
3. Responsibility to organize regional construction
planning is prescribed as follows:
a/ The Ministry of Construction shall assume the prime
responsibility for, and coordinate with related ministries, provincial-level
People’s Committees and agencies and organizations in organizing the
formulation of construction planning tasks and plans for inter-provincial
regions, particular-function zones of national significance, regions lying
along express ways or inter-provincial economic corridors;
b/ Specialized construction work-managing ministries shall
organize the formulation of inter-provincial technical infrastructure planning
tasks and plans;
c/ Provincial-level People’s Committees shall organize the
formulation of construction planning tasks and plans for other regions of the
administrative units under their management.
Article 23. Regional construction planning tasks and
contents of regional construction plans
1. The regional construction planning task covers:
a/ Identifying justifications and bases for the formation
of regional boundaries;
b/ Identifying regional development objectives;
c/ Forecasting the regional population size, technical and
social infrastructure demands for each development period;
d/ Identifying requirements on spatial organization for
systems of urban centers, rural areas, major areas and functional zones,
systems of technical and social infrastructure facilities on a regional scale
in each period.
2. A regional construction plan covers:
a/ Inter-provincial, provincial, inter-district or district
construction planning, which must identify and analyze the regional development
potential and driving forces; forecast the urbanization speed; solutions to
dividing functional regions and distributing systems of urban centers and rural
residential quarters; determine specialized functional zones, production
establishments, systems of key technical and social infrastructure facilities
of regional significance;
b/ The particular-function zone construction planning which
shall be formed on the basis of socio-economic, defense and security
potentials, cultural heritages and natural landscape; identify and analyze the
development potential, capability of exploitation and dividing functional
zones, population distribution and organization of the technical infrastructure
system suitable to the characteristics and development objectives of each zone;
c/ Construction planning for regions along expressways or
inter-provincial economic corridors, which must analyze the driving forces and
impacts of the expressways and corridors on the development of these regions,
solutions to land exploitation and use, organization of architectural space and
landscape and technical infrastructure systems suitable to the characteristics
of the expressways or corridors and ensure traffic safety along the whole
routes;
d/ The specialized technical infrastructure construction
planning, which must forecast the development and land use demands; identify
the locations and sizes of key works, supporting facilities, main transmission
networks, distribution networks and work safety protection corridors;
dd/ Based on the regional sizes and characteristics,
regional construction plans shall be studied on the basis of topographical maps
of 1:25,000 - 1:250,000 scales;
e/ The planning period for regional construction planning,
which is between 20 and 25 years, with a 50-year vision;
g/ The approved regional construction planning serves as a
basis for urban planning, particular-function zone construction planning, rural
construction planning and technical infrastructure system planning at regional
level.
3. The Government shall detail this Article.
Section 3. PARTICULAR-FUNCTION ZONE CONSTRUCTION PLANNING
Article 24. Particular-function zones and responsibility to
plan construction of particular-function zones
1. Particular-function zone construction planning shall be
carried out for the following functional zones:
a/ Economic zones;
b/ Industrial parks, export-processing zones, hi-tech
parks;
c/ Tourist resorts, ecological resorts;
d/ Conservation zones; revolutionary, historical-cultural
relic zones;
dd/ Research and training zones; physical training and
sports zones;
e/ Airports, seaports;
g/ Key technical infrastructure zones;
h/ Other particular-function zones identified under the
approved regional construction planning or established under decisions of
competent state agencies.
2. The responsibility to organize particular-function zone
construction planning is prescribed as follows:
a/ The Ministry of Construction shall organize the
formulation of planning tasks and general plans for construction of
national-level particular-function zones;
b/ Provincial-level People’s Committees shall organize the
formulation of planning tasks and general plans for construction of
particular-function zones, except the planning prescribed at Point a, Clause 2
of this Article, and tasks as well as sub-zoning plans for construction of
particular-function zones;
c/ District-level People’s Committees or construction
investment project owners shall organize the formulation of planning tasks and
detailed plans for construction of regions assigned to them for management or
investment.
Article 25. Levels of particular-function zone construction
planning
1. Construction general planning shall be carried out for
particular-function zones of a size of 500 hectares or over, which serve as a
basis for sub-zoning planning and construction detailed planning.
2. Construction sub-zone planning shall be carried out for
particular-function zones of a size of under 500 hectares, which serve as a
basis for construction detailed planning.
3. Construction detailed planning shall be carried out for
areas within particular-function zones, which serve as a basis for grant of
construction permits and formulation of construction investment projects.
Article
26. General planning for construction of particular-function zones
1. The tasks of general planning for construction of
particular-function zones include:
a/ Justifications and bases for formation and determination
of boundaries of particular- function zones;
b/ Determination of characteristics, forecast of population
size of particular-function zones, requirements on orientations for development
of space and technical and social infrastructure facilities for each planning
period;
c/ For general planning for construction or renovation of
particular-function zones, in addition to the contents prescribed at Point a,
Clause 1 of this Article, the requirements on areas to be cleared for
construction, areas to be retained for embellishment, areas to be protected,
and other specific requirements shall be identified according to
characteristics of each particular-function zone.
2. A general plan on construction of a particular-function
zone must cover:
a/ A general plan on construction of a particular-function
zone, which covers the identification of development objectives and driving
forces, population size, land, technical and social infrastructure norms;
development model, orientations for spatial development of functional zones,
administrative, service, commercial, cultural, educational and training, and
healthcare centers, parks, physical training and sports centers; systems of
overhead, land, water and underground frame technical infrastructure systems;
strategic environmental assessment; investment priority plan and resources for
implementation.
b/ Drawings of a general plan on construction of a
particular-function zone, which are demonstrated on a 1:5,000 or 1:10,000
scale;
c/ The planning period of between 20 and 25 years;
d/ An approved general plan on construction of a
particular-function zone serves as a basis for formulation of construction
sub-zone planning, detailed planning for construction of areas and for
formulation of investment projects to construct frame technical infrastructure
in the particular-function zone.
3. A general plan on construction of an exclusive
particular-function zone must cover the determination of population size, land,
technical and social infrastructure norms; orientations for spatial development
of functional sub-zones; planning for framework technical infrastructure
system; strategic environmental assessment; investment priority plan and
resources for implementation.
Article
27. Sub-zone planning for construction of particular-function zones
1. The tasks of sub-zone planning for construction of a
particular-function zone include:
a/ Requirements on land use areas, scale and scope of
sub-zone planning, systems of technical and social infrastructure facilities in
the planning area;
b/ List of proposed measures for renovation of to
be-retained facilities in the renovation planning area;
c/ Other requirements for each planning area.
2. A plan on sub-zones for construction of a
particular-function zone must cover:
a/ Contents of the plan on sub-zones for construction of a
particular-function zone, which include the determination of utility for every
land plot; principles of spatial and architectural landscape organization for
the entire planning area; norms of population, land use and system of technical
infrastructure facilities for every land plot; arrangement of social
infrastructure system to meet use demands; arrangement of technical
infrastructure networks to street axes suitable to the development stages of
the entire particular-function zone; strategic environmental assessment;
b/ Drawings of the plan on sub-zones for construction of
the particular-function zone, which shall be demonstrated on a 1:2,000 scale;
c/ The planning period for sub-zone planning for the
construction of a particular-function zone, which shall be determined on the
basis of the period of general planning and development and management
requirements of the particular-function zone;
d/ The approved plan on sub-zones for construction of the
particular-function zone serves as a basis for determination of construction
investment projects in the particular-function zone and for construction
detailed planning.
Article 28. Detailed planning for construction in
particular-function zones
1. Tasks of detailed planning for construction in a
particular-function zone include:
a/ Requirements on land use area, scale and scope of
detailed planning, urban designing, technical and social infrastructure systems
in the planning area;
b/ List of proposed measures for renovation of to be-retained
facilities in the renovation planning area;
c/ Other requirements on every planning area.
2. A detailed plan on construction in a particular-function
zone must cover:
a/ Contents of the detailed plan, which include the
determination of norms of population and land use, technical and social
infrastructure and requirements on spatial and architectural organization for
the entire planning areas; arrangement of social infrastructure facilities to
meet use demands; requirements on architecture of works for every land plot and
urban design; arrangement of the system of technical infrastructure facilities
to the land plot boundaries; strategies environmental assessment;
b/ Drawings of the detailed plan, which shall be
demonstrated on a 1:500 scale;
c/ The planning period for construction detailed planning,
which is determined on the basis of investment plans;
d/ The approved construction detailed plan serves as a
basis for grant of construction permits and formulation of construction
investment projects.
Section 4. RURAL CONSTRUCTION PLANNING
Article 29. Objects and levels of, and responsibility to
organize, rural construction planning
1. Rural construction planning shall be carried out for
communes and rural residential quarters.
2. Rural construction planning shall be classified into the
following levels:
a/ Construction general planning, which shall be carried
out for the entire administrative boundaries of communes;
b/ Construction detailed planning, which shall be carried
out for rural residential quarters.
3. Commune-level People’s Committees shall assume the prime
responsibility for organizing the formulation of tasks of and plans on rural
construction.
Article
30. Commune construction general planning
1. Tasks of commune construction general planning cover the
objectives, commune boundary scope; characteristics and functions of the
commune; determination of factors affecting the socio-economic development of
the commune; forecasts of its population size and labor; land size, major
economic-technical norms; requirements on the principles of organizing the
distribution of functional zones of agricultural, industrial,
cottage-industrial and handicraft production, craft villages, houses, services
and systems of technical infrastructure facilities.
2. A commune construction general plan must cover:
a/ Contents of the plan, which cover the determination of
development potentials and driving forces, population size and labor, land
size, network of rural residential quarters; orientations for organization of
commune overall space; orientations for development of functional zones of
agricultural, industrial, cottage-industrial and handicraft production, craft
villages, houses, services and system of technical infrastructure facilities;
b/ Drawings of the commune construction general plan, which
are demonstrated on a 1:5,000, 1:10,000 or 1:25,000 scale;
c/ The planning period of between 10 and 20 years;
d/ The approved commune construction general plan serves as
a basis for carrying out detailed planning for construction of rural
residential quarters including commune centers, residential quarters and other
functional zones in the commune.
Article
31. Detailed planning for construction of rural residential quarters
1. Tasks of detailed planning for construction of rural
residential quarters must cover the forecasts of population size and labor;
land size; requirements on land use for arrangement of construction,
conservation or renovation works; technical and social infrastructures in rural
residential quarters.
2. A detailed plan on construction of rural residential
quarters must cover:
a/ Contents of the detailed plan, which include
identification of construction positions and areas of works: working offices of
administrative units of the commune, educational, health care, cultural,
physical training and sports, commercial and service works and houses; planning
for technical and production infrastructures;
b/ Drawings of the detailed plan, which shall be
demonstrated on a 1:500 or 1:2,000 scale;
c/ The planning period based on investment plans and
resources for implementation;
d/ The approved detailed plan on construction of rural
residential quarters serves as a basis for formulation of construction
investment projects and grant of construction permits.
Section 5. APPRAISAL AND APPROVAL OF CONSTRUCTION PLANNING
Article
32. Competence to appraise construction planning
tasks and plans
1. The Ministry of Construction shall appraise construction
planning tasks and plans falling within the approving competence of the Prime
Minister.
2. Construction planning-managing agencies of
provincial-level People’s Committees shall appraise construction planning tasks
and plans falling within the approving competence of the People’s Committees of
the same level.
3. Construction planning-managing agencies of
district-level People’s Committees shall appraise construction planning tasks
and plans falling within the approving competence of the People’s Committees of
the same level.
Article 33. Appraisal councils and contents of appraisal of
construction planning tasks and plans
1. The Ministry of Construction shall decide on the
establishment of the council for appraisal of construction planning tasks and
plans falling within the approving competence of the Prime Minister and
construction plans formulated by the Ministry of Construction. The Ministry of
Construction shall act as the standing body of the appraisal council.
2. The People’s Committees shall decide on the
establishment of councils for appraisal of construction planning tasks and plans
within their respective approving competence. The construction
planning-managing agencies of provincial- or district-level People’s Committees
shall act as standing bodies of the appraisal councils of the same level.
3. An appraisal council shall be composed of
representatives of state management agencies, socio-professional organizations
and experts in the relevant fields.
4. Contents of appraisal of construction planning tasks
cover:
a/ The conformity of construction planning tasks with the
strategies and master plans on socio-economic development, national defense,
security, environmental protection and response to climate change, relevant
construction master plans and land use master plans and plans;
b/ Requirements on contents of each type of construction
planning task are prescribed in Articles 23, 26, 27, 28, 30 and 31 of this Law.
5. Contents of appraisal of a construction plan cover:
a/ The satisfaction of the conditions by construction
planning-designing organizations prescribed in Article 150 of this Law;
b/ Grounds for formulation of construction plans prescribed
in Clause 2, Article 13 of this Law;
c/ The conformity of the construction plan with the tasks
and content requirements of each type of construction planning prescribed in
Sections 2, 3 and 4 of this Chapter.
Article
34. Competence to approve construction planning tasks and plans
1. The Prime Minister shall approve the tasks and plans of
the following types of construction planning:
a/ Construction planning for inter-provincial regions,
construction planning for provincial regions, construction planning for
particular-function zones and construction planning for regions lying along
expressways or inter-provincial economic corridors; specialized planning for
inter-provincial technical infrastructure;
b/ General construction planning for economic zones,
general construction planning for hi-tech parks;
c/ General construction planning for tourist resorts,
ecological resorts, conservation zones, revolutionary and cultural-historical
relics zones, research and training zones, physical training and sports zones
and other particular-function zones of national level;
d/ Other types of construction planning carried out by the
Ministry of Construction as assigned by the Prime Minister.
2. Provincial-level People’s Committees shall approve the
following construction planning tasks and plans:
a/ Construction planning for inter-district regions,
construction planning for district regions;
b/ General construction planning for particular-function
zones, except the types of planning prescribed at Point c, Clause 1 of this
Article;
c/ Planning for construction of particular-function zones.
3. District-level People’s Committees shall approve the
sub-zone planning tasks and plans, detailed construction planning and planning
for rural construction within the administrative boundaries under their
respective management after obtaining written consent of construction
planning-managing agencies of provincial-level People’s Committees.
4. The People’s Committees at different levels organizing
construction planning shall submit construction plans to the People’s Councils
of the same level for decision before they are considered and approved by
competent state agencies.
5. Forms and contents of approval of construction planning
tasks and plans include:
a/ Construction planning tasks and plans shall be approved
in writing;
b/ The written approval of construction planning must
include the main contents of the construction plan prescribed in Articles 23,
26, 27, 28, 30 and 31 of this Law, which is enclosed with a list of approved
drawings.
Section 6. ADJUSTMENT OF CONSTRUCTION PLANNING
Article 35. Conditions on adjustment of construction
planning
1. Regional construction planning may be adjusted when
there appears one of the following circumstances:
a/ Adjustment of regional socio-economic development master
plans, the regional sectoral development master plans; regulations on
protection of natural resources and environment; land use masterplans and
plans; national defense and security strategies; regional development driving
projects;
b/ Changes in natural geographical conditions,
administrative boundaries, big fluctuations in population and socio-economic
situation.
2. Particular-function zone construction planning may be adjusted
when there appears one of the following circumstances:
a/ Adjustment of regional socio-economic development master
plans, construction master plans, sectoral development master plans;
b/ Creation of key projects of national significance which
greatly affect the land use, environment, spatial composition of functional
zones;
c/ Impossible implementation of the construction planning
or the implementation thereof causing adverse impacts on socio-economic
development, national defense, security, social security and ecological
environment or cultural-historical relics and community opinion;
d/ Changes in climate, geology or hydrology;
dd/ Serving national and community interests.
3. Rural construction planning may be adjusted when there
appears one of the following circumstances:
a/ Adjustment of local socio-economic development master
plan;
b/ Adjustment of regional construction master plan;
c/ Adjustment of local land use master plan and plan;
d/ Changes in geological and natural conditions.
Article 36. Principles of construction planning adjustment
1. The adjustment of construction planning shall be based
on the analysis and evaluation of current situation and results of
implementation of existing master plans, clear determination of requirements of
regional renovation embellishment to propose adjustment of land use norms,
solutions to the arrangement of space and landscape for each area; solutions to
the improvement of technical and social infrastructure systems to meet the
development requirements.
2. Contents of adjusted construction planning shall be
appraised and approved in accordance with this Law; non-adjusted contents of
the approved construction plans may still be implemented.
Article 37. Types of adjustment of construction planning
1. The overall adjustment of construction planning is
prescribed as follows:
a/ The overall adjustment of construction planning shall be
made when the characteristics, functions, sizes of planning regions or areas
change or the contents of proposed adjustment would alter the structure and
orientations for general development of planning regions or areas;
b/ The overall adjustment of construction planning must
satisfy practical requirements and be in line with the socio-economic
development trends and orientations for future development of regions or areas,
improve the quality of the living environment, infrastructure and landscape,
ensuring the inheritance and without exerting impacts on ongoing construction
investment projects.
2. The partial adjustment of construction planning is
prescribed as follows:
a/ The partial adjustment of construction planning only
applies to particular-function
zones;
b/ The partial adjustment of construction planning for
particular-function zones may be carried out when the proposed adjustment
contents do not greatly affect the characteristics, functions, boundaries and
general development orientations of the planning zones and the major planning
solutions of the areas under the construction subzone planning or construction
detailed planning;
c/ The partial adjustment of construction planning for
particular-function zones must clearly define the adjustment scope, extent and
contents; ensure the continuity and synchronism of the general planning for
construction of particular-function zones or construction subzone planning or
existing construction detailed planning, based on the analysis and
identification of reasons for adjustment; socio-economic effectiveness of the
adjustment; solutions to problems caused by the construction planning adjustment.
Article 38. Order of overall adjustment of construction
planning
1. Based on the socio-economic development situation and
factors affecting the development of regions, particular-function zones, rural
areas; the adjustment conditions and after reviewing the construction planning,
the construction planning agencies shall report the overall adjustment of the
construction planning to agencies competent to approve construction planning
for consideration and decision.
2. Agencies or persons competent to approve construction
planning shall give in-principle approval of the overall adjustment of
construction planning.
3. The formulation of, consultation on, appraisal and
approval of the tasks and plans on overall adjustment of construction planning
and the announcement of adjusted construction planning must comply with
Articles 16 and 17 and Sections 2, 3, 4 and 5 of this Chapter.
Article 39. Order of partial adjustment of construction
planning
1. Construction planning agencies shall make reports on the
contents of, and plans for, partial adjustment of construction planning,
collect opinions of communities in the planning adjustment areas and directly
affected vicinities and submit them to agencies competent to approve
construction planning for consideration and decision on the partial adjustment
of construction master plans.
2. Agencies or persons competent to approve construction
planning shall decide in writing the partial adjustment based on the opinions
of the construction planning-appraising agencies.
3. Construction planning agencies shall update and
demonstrate the adjusted contents in the construction planning dossiers. The
adjusted contents of construction planning shall be publicized according to
Article 42 of this Law.
Section 7. ORGANIZATION OF IMPLEMENTATION OF CONSTRUCTION
PLANNING
Article 40. Publicization of construction planning
1. A construction plan shall be publicized within 30 days
after it is approved.
2. The to be-publicized contents of construction planning
include the basic contents of the construction plan and regulations on
management according to the promulgated construction plan, except contents
related to national defense, security and state secrets.
3. The construction planning-managing agencies shall fully
update the situation of implementation of the approved construction plans so
that the competent agencies shall promptly publicize them to organizations and
individuals for knowledge and supervision in the process of implementation.
Article 41. Responsibility to publicize construction
planning
1. For regional construction planning:
a/ The Ministry of Construction shall assume the prime
responsibility for, and coordinate with related provincial-level People’s
Committees in. publicizing inter-provincial construction planning which falls within
the approving competence of the Prime Minister.
b/ Provincial-level People’s Committees in the planning
regions shall organize the publicization of regional construction planning
falling within the approving competence of the Prime Minister, except for the
types of planning prescribed at Point a of this Clause;
c/ District-or commune-level People’s Committees in the
planning regions shall organize the publicization of regional construction
planning which falls within the approving competence of their provincial-level
People’s Committees.
2. For general planning for construction of
particular-function zones:
a/ The Ministry of Construction shall assume the prime
responsibility for, and coordinate with the related provincial-level People’s
Committees in, publicizing the inter-provincial plans on construction of
particular-function zones, which fall within the approving competence of the
Prime Minister.
b/ The People’s Committees at different levels shall
publicize general plans on construction of particular-function zones within
their respective administrative boundaries.
3. The People’s Committees at different levels shall
publicize the approved sub-zone construction plans and detailed planning for
construction of particular-function zones within the administrative boundaries
under their management to people for implementation and supervision of the
implementation.
4. Commune People’s Committees shall publicize the commune
and rural residential quarter construction planning.
5. Within 30 days after the construction planning is
approved, the People’s Committees at different levels shall publicize it.
6. If persons responsible to publicize the construction
planning do not publicize, delay the publicization or falsely publicize the
contents of approved construction planning, they shall be disciplined or
examined for penal liability, depending on the nature and severity of their
violations; if causing damage, they shall compensate therefor in accordance
with law.
Article 42. Forms of publicizing construction planning
1. An approved construction plan shall be publicized on the
website of the state management agency in charge of construction planning.
2. In addition to the form of publicization prescribed in
Clause 1 of this Article, competent persons may decide on other forms of
publicization as follows:
a/ Organizing conferences to publicize the construction
planning, with the participation of representatives of related organizations
and agencies, Vietnam Fatherland Front Committee, representatives of people in
the planning region and of the press agencies;
b/ Public, regular and continuous display of panels,
drawings and mock-ups at public places and offices of construction planning
management agencies at all levels and at offices of commune-level People’s
Committees, for detailed construction planning;
c/ Printing and widely distributing construction planning
maps and regulations on management of approved construction planning.
Article 43. Provision of information on construction
planning
1. Information on construction planning shall be provided
in the following forms:
a/ Publicizing construction plan dossiers;
b/ Explaining the construction planning;
c/ Providing information in writing.
2. Construction planning-managing agencies shall provide
information on construction locations, construction boundaries, red-line
boundaries, construction levels and other information relating to the planning
when so requested by organizations and individuals within the scope of
construction plans under their management.
The People’s Committees at different levels shall organize
the receipt and processing of requests and provision of information upon
request.
Within 15 days after receiving a request, the construction
planning-managing agency shall provide information in writing to the requester.
3. Requesters for the provision of information in writing
shall pay a charge for the provision of information.
4. Information providers shall take responsibility before
law for the time of information provision and the accuracy of the provided
documents and data.
Article 44. Planting of construction boundary markers on
the field
1. The planting of construction boundary markers on the
field shall be carried out for construction general plans, construction
sub-zone plans and construction detailed plans.
2. The planting of boundary markers under approved
construction planning covers the planting of red-line markers, construction
boundary markers, construction level markers and no-construction zone boundary
markers under the approved boundary marker dossiers.
3. After the construction plans are approved by competent
state agencies, the People’s Committees at different levels have the following
responsibilities:
a/ To organize the compilation and approval of dossiers on
boundary marker planting under the approved construction planning. The time
limit for compilation and approval of boundary marker dossiers is 30 days after
the construction plans are approved. The planting of boundary markers on the
field shall be completed within 45 days after the boundary marker dossiers are
approved;
b/ To organize the planting of boundary markers on the
field for construction detailed plans after the investors are selected.
4. Responsibility to organize and conduct the boundary
marker planting is prescribed as follows:
a/ Provincial-level People’s Committees shall direct the
planting of construction boundary markers for construction plans within their
respective administrative boundaries;
b/ District-level People’s Committees shall organize the
planting of construction boundary markers for construction plans within their
respective administrative boundaries;
c/ Commune-level People’s Committees shall plant
construction boundary markers for construction plans within their respective
administrative boundaries.
5. Boundary marker planting dossiers shall be made by
professional units.
6. Boundary markers must be durable, of standard sizes and
inscribed with information as prescribed, conspicuous, safe for humans and
means of transport passing by and suitable to the terrain of their planting
areas.
7. Commune-level People’s Committees shall protect the
on-field boundary markers.
8. The construction planning-managing agencies shall keep
the approved boundary marker planting dossiers and provide documents related to
boundary markers to organizations and individuals upon request.
9. When construction planning is adjusted, the boundary
markers shall be adjusted according to the adjusted planning.
10. Those who commit acts of planting boundary markers or
construction level markers at wrong locations, removing or destroying boundary
markers or construction level markers shall be disciplined, administratively
sanctioned or examined for penal liability, depending on the nature and
severity of their violations; if causing damage, they shall pay compensations
therefor in accordance with law.
Section 8. MANAGEMENT OF CONSTRUCTION UNDER CONSTRUCTION
PLANNING
Article 45. Principles of management of construction under
construction planning
1. The management of construction investment must be based
on the construction planning approved by competent agencies.
2. The construction, repair or renovation of architectural
works, technical and social infrastructure facilities and houses must conform
with the approved construction detailed planning and comply with the law on
construction.
Article 46. Introduction of construction locations
1. The construction planning-managing agencies shall
introduce construction investment locations to project owners when so
requested.
2. Locations introduced for construction investment must
conform with construction planning, sizes, investment characteristics, save
construction land; not affect the socio-economic development and environment of
the regions, particular-function zones and rural areas.
Article
47. Construction planning permits
1. Construction planning permit means a document granted by
a competent state agency to the owner of a construction investment project in a
particular-function zone, which serves as a basis for detailed planning or
project formulation when the sub-zone planning or construction detailed
planning is not yet approved.
2. The grant of construction planning permits shall be
based on the requirements on particular-function zone development management
and control, technical regulations on construction planning, management
regulations under the general planning for construction of particular-function
zones.
3. A construction planning permit must cover the scope and
size of the planning area, the permitted construction-planned land use quota, the
requirements on land exploitation and use, organization of architectural space,
ground and underground technical and social infrastructures, landscape and
environment protection in the project area, and its validity duration.
4. The competence to grant construction planning permits is
prescribed as follows:
a/ Provincial-level People’s Committees shall grant
construction planning permits for construction investment projects in
national-level particular-function zones;
b/ District-level People’s Committees shall grant
construction planning permits for construction investment projects other than
those prescribed at Point a of this Clause.
5. Organizations and individuals that are granted
construction planning permits shall pay a fee in accordance with the law on
charges and fees.
6. The Government shall detail the contents and order of
granting construction planning permits.
Article 48. Management of the implementation of
construction planning
1. Provincial-level People’s Committees shall direct the
formulation of programs and plans for implementation of construction planning
for development of urban and rural areas and particular-function zones in areas
under their respective management in accordance with the approved construction
planning.
2. The Ministry of Construction shall direct and coordinate
the management of inter- provincial construction planning, covering:
a/ Determination of the list of programs and plans for
implementation of the planning, priority investment projects to construct
regional technical and social infrastructure systems;
b/ Attraction and distribution of investment capital
sources for development of regional technical and social infrastructure
systems;
c/ Review, adjustment, examination and inspection of the
implementation of inter- provincial construction planning:
d/ Assumption of the prime responsibility for, and
coordination with chairpersons of related provincial-level People’s Committees
in, periodically reporting to the Prime Minister on the implementation of
inter-provincial construction planning according to the implementation stages.
3. A plan on implementation of construction planning must
determine the implementation time for every specific area, ensuring conformity
with the construction planning objective and resources for implementation of
the construction planning.
Chapter III
CONSTRUCTION INVESTMENT
PROJECTS
Section 1. GENERAL PROVISIONS
Article 49. Classification of construction investment
projects
1. Construction investment projects shall be classified by
size, characteristic and type of construction work and funding source.
2. Construction investment projects classified by size,
characteristic and type of construction works include national important
projects, group-A projects, group-B projects, group-C projects according to the
criteria prescribed by the law on public investment.
3. A construction investment project may comprise a single
work or multiple works of different types and grades.
Article 50. Order of construction investment
1. The order of construction investment involves three
stages, including project preparation, project implementation and construction
completion to put the project’s work into exploitation and use, except the
construction of separate houses.
2. For national important projects or group-A projects with
different component projects, each of which can operate independently, can be
exploited or put into use, or with different investment phases for
implementation, such component projects shall be managed as independent
projects. The division of component projects or investment phasing shall be
stated in the investment decisions.
3. Based on the specific conditions of projects, investment
deciders shall decide on the implementation by taking turns, mixture or
alternation of tasks at the stages of project implementation and construction
completion to put works into exploitation and use.
Article 51. Requirements on construction investment
projects
A construction investment project, respective of its
funding sources, must satisfy the following requirements:
1. Being in line with the socio-economic development master
plan, sectoral development master plan, construction master plan, land use
master plan and plan in the locality where the construction investment project
is located.
2. Having appropriate technological and construction
designing plans.
3. Ensuring quality and safety in construction, operation,
exploitation and use of its works, fire and explosion prevention and fighting
and environmental protection and response to climate change.
4. Ensuring the adequate allocation of funds strictly
according to its schedule, ensuring its financial efficiency and socio-economic
efficiency.
5. Complying with other relevant provisions of law.
Section 2. FORMULATION AND APPRAISAL OF PROJECTS AND
DECISION ON CONSTRUCTION INVESTMENT
Article 52. Formulation of construction investment projects
1. Upon construction investment, project owners shall make
construction investment feasibility study reports, except the cases prescribed
in Clauses 3 and 4 of this Article. Contents of construction investment
feasibility study reports must conform with the requirements of each type of
project. The formulation of construction investment feasibility study reports
must comply with the this Law and relevant laws.
2. For national important projects and group-A projects,
before making construction investment feasibility study reports, project owners
shall make construction investment pre-feasibility study reports. For other
projects, investment deciders shall consider and decide whether or not
construction investment pre-feasibility study reports shall be made.
3. Only construction investment economic-technical reports
shall be required for construction investment projects in the following cases:
a/ Construction works used for religious purposes;
b/ Small construction works and other works prescribed by
the Government.
4. For construction of separate houses, project owners are
not required to formulate projects nor construction investment
economic-technical reports.
Article 53. Contents of construction investment
pre-feasibility study reports
1. The necessity and conditions for construction
investment.
2. The projected objective, scale, location and form of
construction investment.
3. Land and natural resource use demands.
4. The preliminary design on construction, explanation,
technology, techniques and appropriate equipment.
5. Projected time for project implementation.
6. The preliminary total investment amount, capital raising
plan; recoverability of invested funds, capability to pay loans (if any);
preliminary determination of socio-economic efficiency and evaluation of the
project’s impacts.
Article 54. Contents of construction investment feasibility
study reports
1. A basic design shall be made to achieve the project’s
objectives, suit construction works of the project, ensure synchronism between
works when they are put into exploitation and use.
A basic design must comprise explanations and drawings
expressing the following contents:
a/ The construction location, direction of the line of
works, list, sizes, types and grades of works on the whole construction ground;
b/ Selected technological, technical and equipment plans
(if any);
c/ Architectural solutions, ground plan, cross-sections and
vertical sections of construction works and their sizes and main structures;
d/ Construction solutions, major materials to be used,
estimated construction cost of every work;
dd/ Plan on connection of technical infrastructures inside
and outside the works, fire and explosion prevention and fighting solutions;
e/ Applied standards and technical regulations and
construction survey results for making the basic design.
2. Other contents of a construction investment feasibility
study report include:
a/ The necessity for investment, investment policy, construction
investment objectives, construction locations and to be-used land area,
capacity and form of construction investment;
b/ The capability to ensure factors for project
implementation such as use of resources, selection of equipment and technology,
use of labor, technical infrastructure, product consumption, exploitation and
use requirements, implementation duration, plan on construction ground
clearance and resettlement (if any), solutions to organizing management of
project implementation, work operation and use, and environmental protection;
c/ Assessment of the project’s impacts related to land
recovery, ground clearance and resettlement; protection of landscape and
ecological environment and safety in construction, fire and explosion
prevention and fighting, and other necessary contents;
d/ Total investment amount and capital raising, financial
analysis, risks, expenses for exploitation and use of the work, evaluation of
socio-economic efficiency of the project; recommendations on coordination mechanism,
policies on incentives and support for project implementation;
dd/ Other relevant contents.
Article 55. Contents of construction investment
economic-technical reports
1. Construction drawing designs, technical designs (if any)
and construction cost estimates.
2. Other contents of a construction investment
economic-technical report include explanations about the necessity for
investment, construction objectives, construction locations, to be-used land
area, sizes, capacity and grades of works, construction solutions, construction
safety, plans on construction ground clearance and environmental protection,
allocation of funds for implementation, construction duration, construction
investment efficiency of works.
Article 56. Appraisal of construction investment projects
1. Construction investment projects shall be appraised
before investment decision.
2. A dossier submitted for construction investment project
appraisal must comprise:
a/ Project owner’s report for project appraisal;
b/ Construction investment feasibility study report or
construction investment economic- technical report;
c/ Relevant documents.
3. The project appraisal contents must comply with Article
58 of this Law.
Article
57. Competence to appraise construction investment projects
1. For national important projects, the State Appraisal
Council set up by the Prime Minister shall appraise their construction
investment pre-feasibility study reports and construction investment
feasibility study reports.
2. For projects using state budget funds, the specialized
construction agencies shall assume the prime responsibility, as decentralized,
for organizing the appraisal of the contents prescribed in Article 58 of this
Law.
3. For projects using non-budget state funds, the
competence to appraise these construction investment projects is prescribed as
follows:
a/ Specialized construction agencies shall assume the prime
responsibility, as decentralized, for appraising their basic designs prescribed
at Points a, b, d, dd, e and g, Clause 2, Article 58 of this Law;
b/ Specialized agencies attached to investment deciders
shall assume the prime responsibility for appraising technological designs (if
any) and other contents of construction investment feasibility study reports.
4. For projects using other funds, the competence to
appraise these construction investment projects is prescribed as follows:
a/ Specialized construction agencies shall appraise, as
decentralized, the basic designs of construction investment projects, for works
of special grade and grade I, public works, works greatly affecting landscape,
environment and community safety. Specialized agencies attached to investment
deciders shall organize the appraisal of technological designs (if any) and
other contents of construction investment feasibility study reports;
b/ For projects using other funds not specified at Point a
of this Clause, investment deciders shall organize by themselves the appraisal
thereof;
c/ For projects implemented in form of project contract or
public-private partnership contract with state-contributed funds, the
specialized construction agencies shall assume the prime responsibility, as
decentralized, for appraising their basic designs. Competent state agencies as
prescribed by the law on investment shall appraise other contents of their
construction investment feasibility study reports.
5. For construction investment projects only requiring
construction investment economic- technical reports, the competence to appraise
these construction investment projects is prescribed as follows:
a/ If the projects use state budget funds, the specialized
construction agencies shall assume the prime responsibility for organizing the
appraisal of the contents of their construction investment economic-technical
reports prescribed in Clause 4, Article 58 of this Law;
b/ If the projects use non-budget state funds, the
specialized construction agencies shall, as decentralized, assume the prime
responsibility for appraising their construction drawing designs and cost
estimates. The specialized agencies attached to investment deciders shall
appraise the technological designs (if any) and other contents of their
construction investment economic-technical reports;
c/ If the projects use other funds, investment deciders or
project owners shall organize by themselves the appraisal of their construction
drawing designs and cost estimates, except works of special grade or grade I
and works greatly affecting the landscape, environment and community safety,
and take responsibility for the appraised contents.
6. Construction investment projects with requirements on
fire and explosion prevention and fighting, environmental protection, and
national defense or security maintenance shall be appraised by competent state
agencies.
7. Specialized construction agencies and investment
deciders may invite organizations and individuals with qualifications and
experiences to participate in project appraisal or request project owners to
select organizations or individuals possessing full construction capacity and
practice conditions already registered on the website on construction capacity
as prescribed by this Law to verify projects as a basis for the appraisal and
approval of the projects. The project verification cost and basic design
appraisal charge shall be accounted into the total investment amounts of
projects.
8. The agencies in charge of appraisal shall summarize the
project appraisal results and submit them to persons competent to decide on
investment for consideration and decision.
9. Organizations and individuals participating in project
appraisal or verification shall take responsibility before law for the results
of their appraisal or verification. Project-formulating organizations and
individuals may not participate in the appraisal or verification of the projects
they have formulated.
Article 58. Contents of appraisal of construction
investment projects
1. The appraisal of a construction investment project
covers the appraisal of the basic design and other contents of the construction
investment feasibility study report.
2. The appraisal of a basic design must cover:
a/ The conformity of the basic design with the construction
detailed planning; the approved total ground or with the selected plan on the
line of works, for works constructed in lines;
b/ The conformity of the basic design with the construction
location, the connectivity with technical infrastructure of the region;
c/ The conformity of the selected technological plan and
technological line, for works requiring technological designs;
d/ The conformity of designing solutions to ensuring
construction safety, environmental protection, fire and explosion prevention
and fighting;
dd/ The compliance with standards and technical regulations
in the design;
e/ The construction capacity conditions of organizations or
practice capacity conditions of individuals providing designing consultancy;
g/ The conformity of solutions to organizing project
implementation at each stage and for each work item with the requirements of
the basic design.
3. Other appraisal contents of a construction investment
feasibility study report include:
a/ Assessment of the necessity for construction investment,
including conformity with the investment policy, possibility to meet the
requirements on scale expansion, higher capacity and exploitation and use
capability to meet the requirements of socio-economic development and national
defense and security maintenance in each period;
b/ Assessment of factors ensuring the project feasibility,
including conformity with sectoral development master plan and construction
master plan; the capability to meet land use and construction ground clearance
demands; resource use demands (if any); assurance of input elements and outlets
for the project’s products; implementation solutions; project owner’s managerial
experience; solutions to environmental protections, fire and explosion
prevention and fighting; national defense and security maintenance and other
factors;
c/ Assessment of factors ensuring the project efficiency,
including total investment amount, project implementation schedule;
exploitation and operation costs; capability to raise capital according to
schedule, risk analysis, financial efficiency and socio-economic efficiency of
the project.
4. For projects only requiring construction investment
economic-technical reports prescribed in Clause 3, Article 52 of this Law, the
appraisal contents include:
a/ Assessment of the investment necessity and scale; the
implementation time; total investment amount and socio-economic efficiency;
b/ Consideration of feasibility-ensuring factors, including
land use demand and ground clearance capability; factors affecting the work
such as national defense, security and environment and other relevant laws;
c/ The rationality of construction designing solutions for
the work; the observance of applied standards, technical regulations, and
regulations on the use of building materials for the work; the rationality of
the selection of technological lines and equipment, for designs with
technological requirements; compliance with regulations on environmental
protection and fire and explosion prevention and fighting;
d/ Assessment of the conformity of designing solutions for
the work with its utility, its safety level and assurance of safety for
adjacent works;
dd/ Assessment of the compatibility between the major
volume in the cost estimate and the volume in the design; the properness and
reasonability of the application of construction norms and unit prices;
determination of the value of the cost estimate of the work;
e/ Construction capacity conditions of organizations and
individuals conducting construction surveys and designing and formulating
construction investment economic- technical reports.
Article 59. Time limit for appraisal of construction
investment projects
The time
limit for appraising a project shall be counted from the date the appraising
agency or organization receives a complete and valid dossier, specifically as
follows:
1. The
time limit for project appraisal is 90 days for national important projects.
2. The
time limit for project appraisal is 40 days for group-A projects.
3. The
time limit for project appraisal is 30 days for group-B projects.
4. The
time limit for project appraisal is 20 days for group-C projects and projects
only requiring construction investment economic-technical reports.
5. In
case of necessity to extend the appraisal time limit, appraising agencies or
organizations shall report thereon to their superior agencies for consideration
and decision on the extension; the extended duration must not exceed the
corresponding appraisal time limit prescribed in Clauses 1, 2, 3 and 4 of this
Article.
Article 60. Competence to decide on construction investment
1. For
projects using state budget funds, funds raised from national public bonds, government
bonds or local administrations’ bonds, official development assistance,
preferential loans of foreign donors, the State’s development investment credit
capital, investment capital from sources of revenues left for investment but
not yet accounted into the state budget balance, or other loans of local budget
for investment, the competence to decide on construction investment must comply
with the law on public investment.
2. For
projects using government-guaranteed credit capital, loans guaranteed with
state property, development investment capital of state enterprises, capital
from non-business operation development funds, land use rights value
contributed by state agencies, organizations or enterprises as capital for
construction investment, the competence to decide on construction investment is
prescribed as follows:
a/ The
Prime Minister shall decide on investment in national important projects;
b/
Law-prescribed competent representatives of agencies, organizations or
enterprises shall decide on project investment.
3. For
projects using other funds, their owners or representatives shall decide on
project construction investment within the ambit of their powers prescribed by
law.
Article 61. Adjustment of construction investment projects
1. Cases of adjusting construction investment projects
using state funds include:
a/ Being affected by natural disasters, environmental
incidents, enemy sabotage, fires or other force majeure factors;
b/ Appearance of factors likely to bring about higher
efficiency for the project when the project owner has proved the financial and
socio-economic efficiency brought about by the project adjustment;
c/ Change of construction planning which directly affects
the project;
d/ When the construction price index promulgated by the
Ministry of Construction or the provincial-level People’s Committee during the
project implementation is higher than the construction price index used for
calculation of inflation in the approved total investment amount of the
project.
2. The adjustment of projects using state funds shall be
decided by investment deciders.
3. The adjustment of projects using other funds shall be
decided by investment deciders on the basis of ensuring the requirements on
planning, safety, environmental protection, fire and explosion prevention and
fighting, and national defense and security, which have been approved by
competent state agencies.
4. If the project adjustment alters the construction
objectives, scales and locations, it shall be approved by a competent state agency.
5. The adjustment of construction investment projects shall
be appraised and approved.
6. The Government shall detail the formulation, appraisal,
approval and adjustment of construction investment projects.
Section 3. MANAGEMENT OF IMPLEMENTATION OF CONSTRUCTION
INVESTMENT PROJECTS
Article 62. Organizational forms of construction investment
project management
Based on the sizes, characteristics, funding sources and
implementation conditions of projects, investment deciders shall decide to
apply one of the following organizational forms of project management:
1. Specialized construction investment project management
unit or regional construction investment project management unit, for projects
using state budget funds and specialized projects using non-budget state funds
of state economic groups or corporations.
2. Single-project construction investment project
management unit, for group-A projects using state funds involving special-grade
works; hi-tech application certified in writing by the Minister of Science and
Technology; national defense or security projects with state secret
requirements.
3. Hired project management consultant, for projects using
non-budget state funds or other funds and projects with particular or unique
characteristics.
4. Project owners may use their attached fully capable
professional apparatuses to manage the implementation of small renovation or
repair projects and projects with the involvement of communities.
5. Project management units and project management
consultants prescribed in Clause 1, 2 or 3 of this Article must fully satisfy
the capacity conditions prescribed in Article 152 of this Law.
6. The Government shall detail the models, organization and
operation of construction investment project management units.
Article
63. Specialized construction investment project management units, regional
construction investment project management units
1. Ministers, heads of ministerial-level agencies,
chairpersons of provincial- level People’s Committees, chairpersons of district-level
People’s Committees or competent representatives of state enterprises shall
decide on the establishment of specialized construction investment project
management units or regional construction investment project management units
to manage a number of projects of the same sector or in the same line or the
same area.
2. Specialized construction investment project management
units or regional construction investment project management units shall be
assigned to act as project owners of a number of projects and perform the
project management functions and tasks, and participate in project management
consultancy when necessary.
3. Specialized construction investment project management
units or regional construction investment project management units have the
responsibility:
a/ To exercise the rights and perform the obligations of
project owners as prescribed in Article 68 of this Law, directly manage
projects assigned by investment deciders, and the rights and obligations
prescribed in Article 69 of this Law.
b/ To hand over works to agencies or units managing their
operation, exploitation and use; or to directly manage their operation,
exploitation and use, when so assigned by investment deciders in case of
necessity.
4. Specialized construction investment project management
units or regional construction investment project management units may perform
project management consultancy for other projects when so requested and
exercise the rights and perform the obligations prescribed in Article 70 of
this Law.
Article
64. Single-project construction investment project management units
1. Project owners shall set up single-project construction
investment project management units to directly manage the implementation of a
project, for projects prescribed in Clause 2, Article 62 of this Law.
2. A single-project construction investment project
management unit may have its own seal and accounts, shall exercise the powers
and perform the tasks under the project owner’s authorization. A project
management unit shall organizationally comprise the director, deputy directors)
and specialized staff members, depending on the requirements and
characteristics of each project. The project management unit members shall work
on a full-time or part-time basis under the project owner’s decision.
Article
65. Hiring of consultants for construction investment project management
1. Project owners shall sign project management consultancy
contracts with organizations or individuals fully meeting the construction
capacity conditions prescribed in this Law to perform one, some or all of the
project management tasks.
2. Project owners shall supervise project management
consultancy and may authorize consultants to perform the tasks of project
management under the project management contracts.
Article 66. Contents of construction investment project
management
1. Construction investment project management contents
include management of the scope and plan of tasks; work volume; construction
quality; implementation schedule; construction investment costs; safety in
construction; environmental protection in construction; selection of
contractors and construction contracts; risk management; management of the work
information system and other necessary contents in accordance with this Law and
relevant laws.
2. Project owners shall perform or assign the project
management units, project management consultants or general contractors (if
any) to perform some or all of the project management contents prescribed in
Clause 1 of this Article.
Article 67. Management of implementation schedules of
construction investment projects
1. Investment deciders shall decide on the implementation
time and schedules when approving the projects. For works under projects using
state budget funds, the construction schedule must not exceed the work
construction period already approved by investment deciders.
2. Project owners and construction contractors shall draw
up plans on construction schedules and measures, and manage the project
implementation according to the approved construction schedules.
3. Project owners shall make advance payments and payments
for volumes completed according to the performance schedules of construction
contracts.
4. Project owners and construction contractors are
encouraged to propose and apply reasonable technical, technological and
organizational solutions to shorten the construction time.
Section 4. RIGHTS AND OBLIGATIONS OF PROJECT OWNERS,
CONSTRUCTION INVESTMENT PROJECT MANAGEMENT UNITS, CONSULTANCY CONTRACTORS AND
INVESTMENT DECIDERS
Article 68. Rights and obligations of project owners in the
formulation and management of implementation of construction investment
projects
1. Project owners have the following rights:
a/ To formulate and manage projects when fully meeting the
capacity conditions prescribed in this Law.
b/ To request related agencies and organizations to provide
information and documents on project formulation and management;
c/ To select, and sign contracts with, consultancy
contractors for project formulation and management;
d/ To organize the project formulation and management; to
decide on the establishment and dissolution of construction investment project
management units for single projects according to their competence;
dd/ Other rights prescribed by law.
2. Project owners have the following obligations:
a/ To identify project formulation task requirements and
contents; to provide necessary information and documents in case of hiring
consultants for project formulation; to organize the pre- acceptance tests of
project formulation results and archive construction investment project
dossiers;
b/ To select project formulation consultancy organizations
fully meeting the capacity conditions prescribed by this Law;
c/ To take responsibility for the legal bases and accuracy
of the information and documents provided to consultants for project
formulation; to submit projects to competent approving agencies in accordance
with law;
d/ To select qualified and experienced consultancy
organizations or individuals to verify projects at the request of the
project-appraising agencies or organizations and investment deciders;
dd/ To organize the management of project implementation as
prescribed in Article 66 of this Law;
e/ To examine and supervise the project implementation; to
periodically report on the project implementation to investment deciders and
competent state management agencies;
g/ To recover capital and pay loans, with regard to
projects with capital recovery and loan repayment requirements;
h/ Other obligations prescribed by law.
Article 69. Rights and obligations of construction
investment project management units
1. Construction investment project management units have
the following rights:
a/ To exercise the rights to manage projects as authorized
by project owners;
b/ To propose plans and solutions to organizing project
management, propose to project owners for settlement matters falling beyond
their competence;
c/ To hire consultancy organizations to participate in
project management in case of necessity after it is approved by investment
deciders or project owners.
2. Construction investment project management units have
the following obligations:
a/ To fulfill the project owners’ project management
obligations within the scope of authorization;
b/ To organize the management of construction investment
projects, ensuring the schedule, quality, safety and environmental protection
in construction;
c/ To report their activities to project owners in the
course of project management;
d/ To be answerable for violations of law in project
implementation management;
dd/ Other obligations prescribed by law.
Article 70. Rights and obligations of construction
investment project formulation consultancy and management contractors
1. Construction investment project formulation consultancy
and management contractors have the following rights:
a/ To request project owners to provide information and
documents related to the assigned consultancy tasks;
b/ To have their intellectual property rights over their
consultancy products protected in accordance with law;
c/ To reject unlawful requests of project owners;
d/ Other rights stated in the contracts and prescribed by
relevant laws.
2. Construction investment project formulation consultancy
and management contractors have the following obligations:
a/ To fulfill the obligations under the signed contracts in
conformity with their construction capacity conditions prescribed by law;
b/ To be answerable to the work quality under the signed
contracts;
c/ To pay compensations for damage caused to project owners
when using improper information, documents, standards, technical regulations,
technical solutions or improper organization of management in contravention of
their contracts;
d/ Other obligations stated in the contracts and prescribed
by relevant laws.
Article 71. Rights and responsibilities of construction
investment project-appraising agencies and organizations
1.
Construction investment project-appraising agencies and organizations have the
following rights:
a/ To
request project owners and related agencies and individuals to provide
information for project appraisal and explanation in case of necessity;
b/ To
collect project appraisal charges in accordance with the law on charges and
fees;
c/ To
request project owners to hire or invite qualified and experienced consultancy
organizations or consultants to participate in the project appraisal when
necessary;
d/ To
reserve their appraisal opinions and reject requests to falsify project
appraisal results.
2.
Construction investment project-appraising agencies and organizations have the
following responsibilities:
a/ To
appraise construction investment project contents in accordance with this Law;
b/ To
send written notices of appraisal opinions and results to agencies or
organizations in charge of appraisal for summarization and reporting to
investment deciders;
c/ To be
accountable before law and investment deciders for their own project appraisal
opinions and results.
Article 72. Rights and responsibilities of construction
investment deciders
1. Construction investment deciders have the following
rights:
a/ To approve or authorize the approval of, construction
projects, designs and cost estimates and settle construction investment funds;
b/ To disapprove the projects when the investment
objectives and project efficiency cannot be achieved;
c/ To suspend the implementation of construction investment
projects which have been approved or are underway when deeming it necessary and
lawful;
d/ To alter or adjust construction investment projects when
deeming it necessary and conformable with Article 61 of this Law.
dd/ Other rights prescribed by law.
2. Construction investment deciders have the following
responsibilities:
a/ To organize project appraisal and decide on construction
investment;
b/ To ensure funding sources for implementation of
construction investment projects;
c/ To examine the implementation of construction investment
projects by project owners; to organize monitoring and evaluation of
construction investment projects as prescribed in Article 8 of this Law;
d/ To approve the settlement of investment capital for
completed construction;
dd/ To take responsibility before law for their own
decisions;
e/ Other obligations prescribed by law.
Chapter IV
CONSTRUCTION SURVEY AND
CONSTRUCTION DESIGN
Section 1. CONSTRUCTION SURVEY
Article
73. Types of construction survey
1. Topographic survey.
2. Engineering geological survey.
3. Hydrogeological survey.
4. Survey of the actual state of works.
5. Other surveys to serve construction investment
activities as decided by investment deciders.
Article
74. Requirements on construction survey
1. Construction survey tasks and survey technique plans
must suit types and grades of construction works, types of survey, designing
steps and requirements of construction designing.
2. Construction survey technique plans must meet
requirements of construction survey tasks and comply with applied construction
survey standards and technical regulations.
3. Construction survey work must comply with construction
survey technique plans, ensure safety and environmental protection, meet
requirements of approved construction survey tasks, and shall be examined,
supervised and tested for acceptance under regulations.
4. Construction survey results shall be presented in a
report, must ensure truthfulness and objectivity and accurately reflect
reality, and shall be approved.
5. Construction survey contractors must have sufficient
capabilities suitable to types and grades of construction work and types of
survey.
Article 75. Major contents of a report on construction
survey results
1. Survey bases, process and methods.
2. Survey data; analysis and assessment of survey results.
3. Conclusions on survey results, proposals.
Article 76. Rights and obligations of project owners in
construction survey
1. Project owners have the following rights:
a/ To conduct construction survey when having sufficient
capability conditions;
b/ To negotiate and sign construction survey contracts; to
supervise and request construction survey contractors to properly perform signed
contracts;
c/ To approve construction survey tasks and survey
technique plans prepared by design consultants or survey contractors, and
assign survey tasks to construction survey contractors;
d/ To adjust construction survey tasks according to reasonable
requests of construction survey consultants;
dd/ To suspend the performance of, or terminate contracts
in accordance with law;
e/ Other rights prescribed by law.
2. Project owners have the following obligations:
a/ To choose construction survey contractors and
supervisors in case they cannot conduct or supervise construction survey by
themselves;
b/ To provide information and documents related to survey
work to construction survey contractors;
c/ To set construction survey requirements and ensure conditions
for construction survey contractors to perform their jobs;
d/ To properly perform the signed construction survey
contracts;
dd/ To organize supervision of construction survey work; to
pre-acceptance test and approve survey results in accordance with law;
e/ To pay compensations for damage caused by the provision
of inappropriate information and documents and violations of construction
survey contracts;
g/ Other obligations stated in the contracts and prescribed
by relevant laws.
Article 77. Rights and obligations of construction survey
contractors
1. Construction survey contractors have the following
rights:
a/ To request project owners and related parties to provide
relevant data and information in accordance with contracts for conducting
construction surveys;
b/ To refuse to implement requests beyond construction
survey contracts;
c/ To hire subcontractors to conduct construction surveys
in accordance with construction survey contracts;
d/ Other rights stated in the contracts and prescribed by
relevant laws.
2. Construction survey contractors have the following
obligations:
a/ To strictly comply with construction survey requirements
in accordance with this Law and construction survey contracts;
b/ To propose and add construction survey tasks when detecting
factors directly affecting design solutions;
c/ To take responsibility for results and quality of
construction surveys they have conducted; to take responsibility for managing
the quality of surveys conducted by subcontractors (if any) and survey results
of subcontractors. When participating in construction surveys, subcontractors
shall take responsibility before contractors and law;
d/ To pay compensations for damage caused by improper
performance of survey tasks, improper use of information, documents, standards
and technical regulations on construction survey and violations of construction
survey contracts;
dd/ Other obligations stated in the contracts and
prescribed by relevant laws.
Section 2. CONSTRUCTION DESIGN
Article
78. General provisions on construction design
1. Construction designs include preliminary design in the
pre-feasibility study report, basic design in the feasibility study report,
technical design and construction drawing design in the stage of project
implementation, and other designing steps (if any) according to international
practices.
2. Depending on the size, nature, type and grade of a
construction work, construction design may be made through one step or more
than one step. Investment deciders shall decide on the number of designing
steps when approving construction investment projects.
3. Work construction design may involve one step or more
than one step as follows:
a/ One-step design being construction drawing design;
b/ Two-step design consisting of basic design and construction
drawing design;
c/ Three-step design consisting of basic design, technical
design and construction drawing design;
d/ Design consisting of other steps (if any).
4. A construction design dossier following the basic design
must comprise design explanations, design drawings, related construction survey
documents, construction cost estimate and technical instructions (if any).
5. The Government shall specify construction design steps
and appraisal and approval of construction designs.
Article
79. Requirements on construction design
1. Meeting requirements of design tasks; being suitable to
contents of approved construction investment projects, construction planning,
architectural landscapes, and natural, cultural and social conditions in
construction sites.
2. Work construction design contents must meet requirements
of each design step.
3. Complying with applied standards, technical regulations,
legal provisions on use of building materials, meeting requirements on
utilities and applied technologies (if any); ensuring force-bearing safety,
safety in use, artistic appearance, environmental protection, response to
climate change, fire and explosion prevention and fighting, and other safety
conditions.
4. Having appropriate design solutions and reasonable construction
costs; ensuring synchronism within the work and with related works; ensuring
conditions on comforts, hygiene and health for users; creating conditions for
people with disabilities, the elderly and children to use works. Taking
advantages and limiting unfavorable impacts of natural conditions; prioritizing
the use of local and environment-friendly materials.
5. Construction designs shall be appraised and approved in
accordance with this Law, except the case prescribed in Clause 7 of this
Article.
6. Construction design contractors must have sufficient
capabilities suitable to types and grades of works and jobs to be performed.
7. Construction designs of separate houses must comply with
the following provisions:
a/ Construction designs of separate houses must meet design
requirements prescribed in Clause 3 of this Article;
b/ Households may design by themselves separate houses with
a total construction floor area of under 250 m2 or with fewer than
three stories or a height of under 12 meters in accordance with approved
construction master plans, and shall take responsibility before law for design
quality, environmental impacts of construction works and safety of adjacent
works.
Article 80. Major contents of construction designs
implemented after basic designs
1. Architectural plan.
2. Technological plan (if any).
3. Utility.
4. Lifetime of the work and its operation process and
maintenance;
5. Structural plan and major types of materials.
6. Technical instructions.
7. Fire and explosion prevention and fighting plans.
8. Plan on efficient energy use.
9. Environmental protection and climate change response
solutions.
10. Cost estimate suitable to the construction designing
step.
Article 81. Contest for and selection of architectural
designs of construction works
1. For large public works with specific architectural
requirements, contest for or selection of architectural designs of construction
works shall be organized before making construction investment feasibility
study reports. Investment deciders shall decide on holding of contests for or
selection of architectural designs of construction works.
2. Funds for contest for or selection of architectural
designs of construction works shall be included in total investment amounts of
construction works.
3. Authors of winning or selected architectural designs of
construction works shall have their copyright protected, and be given priority
to formulate construction investment projects and develop construction designs
if they fully satisfy the prescribed capability conditions.
4. The Government shall specify the contest for and
selection of architectural designs of work construction.
Article 82. Competence to appraise and approve technical
designs, construction drawing designs and construction cost estimates
1. For construction works using state budget funds:
a/ Specialized construction agencies shall, as
decentralized, appraise technical designs and construction cost estimates in
case of three-step design; and construction drawing designs and construction
cost estimates in case of two-step design;
b/ Investment deciders shall approve technical designs and
construction cost estimates in case of three-step design; and construction
drawing designs and construction cost estimates in case of two-step design.
Project owners shall approve construction drawing designs in case of three-step
design.
2. For construction works using non-budget state funds:
a/ Specialized construction agencies shall, as
decentralized, appraise technical designs and construction cost estimates in
case of three-step design; and construction drawing designs and construction
cost estimates in case of two-step design. Specialized agencies attached to
investment deciders shall appraise technological designs and other contents (if
any);
b/ Investment deciders shall approve technical designs and
construction cost estimates in case of three-step design; and construction
drawing designs and construction cost estimates in case of two-step design.
Project owners shall approve construction drawing designs and cost estimates of
works in case of two-step design.
3. For construction works using other funds:
a/ Specialized construction agencies shall, as
decentralized, appraise technical designs in case of three-step design and
construction drawing designs in case of two-step design for construction works
of special grade or grade I, public works and construction works that have
great impacts on landscape, environment and community safety. Specialized
agencies attached to investment deciders shall appraise technological designs
(if any) and construction cost estimates;
b/ Specialized agencies attached to investment deciders
shall appraise technical designs, construction drawing designs and construction
cost estimates for remaining construction works;
c/ Investment deciders or project owners shall approve
construction designs and cost estimates.
4. Specialized construction agencies and investment
deciders may invite qualified and experienced organizations and individuals to
participate in appraising construction designs or request project owners to
select consultancy organizations or individual consultants that fully meet the
operation and practice capability conditions already registered on the website
on construction capability to verify construction designs and cost estimates as
the basis for the appraisal and approval of construction designs and cost
estimates. Costs of verification and charges for appraisal of construction
designs and cost estimates shall be included in total investment amounts of
projects.
5. Competent state agencies shall, as prescribed by law,
appraise environmental, fire and explosion prevention and fighting and other
contents in accordance with law when appraising construction designs.
6. Agencies, organizations and individuals shall verify,
appraise and approve construction designs and cost estimates shall take
responsibility before law for results of their verification, appraisal and
approval of construction designs and cost estimates.
Article 83. Contents of appraisal of construction designs implemented
after basic designs and cost estimates
1.
Compatibility of the construction design of the previous step with that of the
preceding step.
a/
Technical design against basic design;
b/
Construction drawing design against technical design in case of three-step
design, against basic design in case of two-step design, or against designing
task in case of one-step design.
2. Reasonability of work construction design solutions.
3. Compliance with applied standards, technical regulations
and legal provisions on the use of building materials for works.
4. Assessment of the compatibility of design solutions with
utilities of works, their safety and assurance of safety for adjacent works.
5. Reasonableness of the selection of technological lines
and equipment for designs of works with technological requirements.
6. Compliance with regulations on environmental protection
and fire and explosion prevention and fighting.
7. Compatibility of major volumes in cost estimates with
designed volumes; correctness and reasonableness of the application of
construction norms and unit prices; determination of estimated values of works.
8. Capability conditions of organizations and individuals
conducting construction survey and design.
Article 84. Adjustment of construction designs
1. An approved work construction design may be adjusted
only in the following cases:
a/ When adjustments to the construction investment project
require adjustments to the construction design;
b/ In the course of construction, there emerge requirements
to adjust the construction design to ensure quality of the work and efficiency
of the project.
2. For adjustments to a construction design in accordance
with Clause 1 of this Article which will result in changes in construction
geology, design load, structural solutions, materials of force-bearing
structures or construction organization solutions affecting the force-bearing
safety of the work, such adjustments shall be appraised and approved in
accordance with Article 82 of this Law.
Article 85. Rights and obligations of project owners in
construction designing
1. Project owners have the following rights:
a/ To conduct construction design by themselves if they
fully satisfy the operation and practice capability conditions suitable to
types and grades of construction works;
b/ To negotiate and sign construction design contracts; to
supervise the performance of signed contracts and request design contractors to
properly perform these contracts;
c/ To request design contractors to modify and supplement
designs or select other design contractors to modify, supplement or change
designs in case the initial design contractors refuse to perform this work;
d/ To suspend the performance of, or terminate construction
design contracts in accordance with the contracts and relevant laws;
dd/ Other rights stated in the contracts and prescribed by
relevant laws.
2. Project owners have the following obligations:
a/ To select construction design contractors in case they
cannot conduct construction design by themselves;
b/ To identify construction design tasks;
c/ To supply sufficient information and documents to
construction design contractors;
d/ To properly perform the signed contracts;
dd/ To submit construction designs and cost estimates for
appraisal and approval and pay charges therefor;
e/ To archive construction design dossiers;
g/ To pay compensations for damage caused by violations of
the construction design contracts;
h/ Other obligations as stated in the construction design
contracts and prescribed by relevant laws.
Article 86. Rights and obligations of construction design
contractors
1. Construction design contractors have the following
rights:
a/ To request project owners and related parties to provide
information and documents to serve construction design;
b/ To reject requests beyond the designing tasks and
construction designing contracts;
c/ To enjoy copyright to their construction designs;
d/ To hire subcontractors to conduct construction design in
accordance with construction design contracts;
dd/ Other rights stated in the construction design
contracts and prescribed by relevant laws.
2. Construction design contractors have the following
obligations:
a/ To accept only construction design contracts suitable to
their construction design operation and practice capabilities;
b/ To comply with standards and technical regulations
applicable to works; to compile construction design dossiers according to
requirements of design tasks and steps, and to the terms of construction design
contracts and relevant legal provisions;
c/ To take responsibility for the quality of design
products they make, including contents prescribed in Articles 79 and 80 of this
Law; to take responsibility for the quality of designs made by subcontractors
(if any). Subcontractors participating in construction design shall take
responsibility for design results to principal contractors and before law;
d/ To perform construction design author’s supervision in
the course of construction;
dd/ Not to designate manufacturers of building materials,
supplies and equipment in construction designs of works using state funds;
e/ To pay compensations for damage caused by the
elaboration of inappropriate surveying tasks, or the use of inappropriate
information, documents, construction standards and regulations, technical and
technological solutions which affect the quality of works, and violations of
construction design contracts;
g/ Other obligations stated in the contracts and prescribed
by relevant laws.
Article 87. Rights and responsibilities of agencies and organizations
appraising construction designs and cost estimates
1. Agencies and organizations appraising construction
designs and cost estimates have the following rights:
a/ To request project owners and related organizations and
individuals to provide information to serve the appraisal of construction
designs and cost estimates and give explanations when necessary;
b/ To collect charges for appraisal of construction designs
and cost estimates in accordance with the law on charges and fees;
c/ To invite experts to join the appraisal or request
project owners to select qualified and experienced consultancy organizations to
verify construction designs and cost estimates as the basis for appraisal when
necessary;
d/ To reserve their appraisal opinions and refuse requests
for falsifying results of appraisal of construction designs and cost estimates.
2. Agencies and organizations appraising construction
designs and cost estimates have the following responsibilities:
a/ To appraise contents of construction designs and cost
estimates in accordance with this Law;
b/ To notify in writing appraisal opinions and results to
agencies or organizations in charge of appraisal for summarization and
reporting to investment deciders;
c/ To take responsibility before law and investment
deciders for opinions and results of appraisal of construction designs and cost
estimates.
Article 88. Archive of construction work dossiers
1. Project owners shall archive completion dossiers of
construction works. Contractors participating in construction activities shall
archive dossiers of jobs they have performed.
2. Dossiers serving the management and use of construction
works shall be archived by managers or users of these works for a period at
least equal to the lifetime of these works prescribed by law.
3. The compilation and archive of dossiers of construction
works must comply with the law on archives.
4. The Government shall specify the archive of construction
.work dossiers.
Chapter V
CONSTRUCTION PERMITS
Article 89. Works subject to, and types of, construction permits
1. Before starting construction of works, project owners
shall obtain construction permits granted by competent state agencies in
accordance with this Law, except the cases prescribed in Clause 2 of this
Article.
2. Works exempted from construction permit include:
a/ Works involving state secrets, works constructed under
emergency orders and works located in the territories of two or more
provincial-level administrative units;
b/ Works of construction investment projects in which
investment is decided by the Prime Minister, ministers, heads of
ministerial-level agencies or chairpersons of People’s Committees at different
levels;
c/ Makeshift construction works to serve the construction
of main works;
d/ Works constructed in lines outside urban areas which
conform to construction master plans approved by competent state agencies or in
lines of which the direction has been approved by competent state agencies;
dd/ Construction works of projects on industrial parks,
export processing zones or hi- tech parks with detailed 1:500-scale plans
already approved by competent state agencies and construction designs already
appraised in accordance with this Law;
e/ Houses of urban development projects or housing
development projects with under 7 stories and a total floor area of under 500 m2
and detailed 1:500-scale plans already approved by competent state agencies;
g/ Works undergoing repair, renovation or installation of
interior equipment which does not alter their force-bearing structure and
utilities and affect the environment and safety of these works;
h/ Works undergoing repair and renovation to alter their
external architecture not facing roads in urban centers subject to architecture
management requirements;
i/ Technical infrastructure works in rural areas for which
only construction investment economic-technical reports are required and in
areas without approved detailed construction plans on rural residential points;
k/ Construction works in rural areas without approved urban
development plans and detailed construction plans; separate houses in rural
areas, except separate houses built in conservation zones or historical and
cultural relic zones;
l/ Project owners of works exempted from construction
permit prescribed at Points b, d, dd and i of this Clause shall send written
notices of the time of construction commencement enclosed with construction
design dossiers to local construction management agencies for monitoring and
filing.
3. Construction permits include:
a/ New construction permit;
b/ Repair and renovation permit;
c/ Relocation permit.
4. Works of special grade and grade I shall be granted
stage-based construction permits after having construction designs appraised in
accordance with this Law.
5. For construction investment projects consisting of
multiple works, construction permits may be granted for one, several or all of
these works when the technical infrastructure in the construction site has been
built according to construction master plans approved by competent state
agencies.
Article 90. Major contents of a construction permit
1. Name of the work under the project.
2. Name and address of project owner.
3. Location and position for the work construction; the
work construction line, for works built in lines.
4. Type and grade of the work.
5. Work construction level.
6. Red-line and construction boundaries.
7. Construction density (if any).
8. Land use coefficient (if any).
9. For civil works, industrial works and separate houses,
in addition to the contents specified in Clauses 1 thru 8 of this Article,
their construction permits must contain contents on total construction area,
construction area of the first (ground) floor, number of stories (including
basement, attic, technical story and staircase roof), and maximum elevation of
the entire work.
10. The deadline for construction commencement, which must
be within 12 months from the date of grant of the construction permit.
Article 91. Conditions for granting construction permits
for works in urban areas
1. Being
in line with approved construction detailed master plans. For construction
works located in stable areas or street routes in urban centers which have no
detailed construction master plan yet, they must be in line with regulations on
management of planning, urban architecture or urban designs promulgated by
competent state agencies.
2. Being
conformable with land use purposes according to approved land use master plans.
3.
Ensuring safety for the works and adjacent works and meeting requirements on
environmental protection and fire and explosion prevention and fighting;
ensuring safety for technical infrastructure and protection corridors of
irrigation works, dikes, energy works, traffic works, cultural heritage zones,
historical-cultural relics; ensuring safety distance to fire- or
explosion-prone and hazardous facilities, and important works related to
national defense and security.
4.
Having their construction designs appraised and approved under Article 82 of
this Law.
5.
Having dossiers of application for construction permits suitable to each type
of construction permit prescribed in Articles 95, 96 and 97 of this Law.
Article 92. Conditions for granting construction permits
for works not built in lines outside urban areas
1. Being conformable with positions and total ground areas
of projects already approved in writing by competent state agencies.
2. Meeting the conditions prescribed in Clauses 3, 4 and 5,
Article 91 of this Law.
Article 93. Conditions for granting construction permits
for separate houses
1. General conditions for the grant of construction permits
for separate houses in urban areas include:
a/ Being conformable with land use purposes according to
approved land use master plans;
b/ Ensuring safety for the works and adjacent works and
meeting requirements on environmental protection and fire and explosion
prevention and fighting; ensuring safety for technical infrastructure and
protection corridors of irrigation works, dikes, energy works, traffic works,
cultural heritage zones, historical-cultural relics; ensuring safety distance
to fire- or explosion-prone and hazardous facilities, and important works
related to national defense and security;
c/ Having their construction designs made under Clause 7,
Article 79 of this Law;
d/ Having dossiers of application for construction made
under Clause 1, Article 95, and Articles 96 and 97 of this Law.
2. Separate houses in urban areas must meet the conditions
prescribed in Clause 1 of this Article and conform with detailed construction
plans. Separate houses located in stable areas or street routes in urban
centers which have no detailed construction master plans, must comply with
regulations on management of planning, urban architecture and urban designs
promulgated by competent state agencies.
3. Separate houses in rural areas, when constructed, must
conform with detailed construction master plans for rural residential points.
Article 94. Conditions for granting construction permits
with definite terms
1. General conditions for the grant of construction permits
with definite terms:
a/ Being located in areas with construction zoning plans
approved and announced by competent state agencies but not yet implemented, for
which there are no land recovery decisions of competent state agencies;
b/ Being suitable to the size of works prescribed by
provincial-level People’s Committees for each area and the existence duration
of works according to plans for implementation of approved construction zoning
plans;
c/ Project owners undertake to dismantle the works by
themselves at the expiration of the existence duration stated in the
construction permits with definite terms; if failing to dismantle the works by
themselves, the dismantlement shall be coerced and project owners shall bear
all dismantlement costs.
2. Works to be granted construction permits with definite
terms must meet the conditions prescribed in Clause 1 of this Article and the
conditions prescribed in Clauses 2, 3, 4 and 5, Article 91 of this Law.
3. Separate houses must meet the conditions prescribed in
Clause 1 of this Article and the conditions prescribed in Clause 1, Article 93
of this Law.
4. For works or separate houses that are granted
construction permits with definite terms, if, at the end of the terms, the plan
for implementation of the construction plan has not been implemented, the
agency that has granted construction permits shall inform owners or assigned
users of the works of the adjustment of the construction plan and extend their
construction permits with definite terms.
5. For works or separate houses located in areas with
construction zoning plans approved by competent state agencies for which
district-level annual land use plans have been issued, no new construction
permits with definite terms but only construction permits with definite terms
for repair and renovation shall be granted.
Article 95. Dossiers of application for new construction
permits
1. A dossier of application for a new construction permit
for a separate house must comprise:
a/ An application for a construction permit;
b/ A copy of one of the papers proving land use rights as
prescribed by the land law;
c/ Construction designing drawings;
d/ A written commitment to ensure safety for adjacent
works, for construction works adjacent to other works.
2. A dossier of application for a construction permit for a
work to be built not in line must comprise:
a/ An application for a construction permit;
b/ A copy of one of the papers proving land use rights as
prescribed by the land law;
c/ A copy of the project approval or investment decision;
d/ Construction designing drawings;
dd/ Declarations on the capabilities and experiences of
designing organizations or individuals in charge of construction designing,
enclosed with copies of practice certificates of design managers.
3. A dossier of application for a construction permit for a
work to be built in line must comprise:
a/ Documents prescribed at Points a, c, d and dd, Clause 2
of this Article;
b/ Written approval of a competent State agency of the
location and plan of the line;
c/ The land recovery decision of a competent state agency
as prescribed by the land law.
4. A dossier of application for a construction permit for a
religious work must comprise:
a/ Documents prescribed in Clause 2 of this Article;
b/ Written approval of a competent state agency in charge
of religion of the necessity of construction and the size of the work.
5. A dossier of application for a construction permit for a
monument or mural must comprise:
a/ Documents prescribed in Clause 2 of this Article;
b/ A copy of the permit or written approval of a state
management agency in charge of culture of the necessity of construction and the
size of the work.
6. A dossier of application for a construction permit for
an advertisement work must comprise:
a/ Documents prescribed in Clause 2 of this Article; and a
land or work lease contract, in case of lease of land or a work for
advertisement;
b/ A copy of the permit or written approval of a state
management agency in charge of advertisement of the necessity of construction
and the size of the work.
7. Dossiers of application for construction permits for
works of diplomatic missions and international organizations must comply with
the Government’s regulations.
Article 96. Dossiers of application for construction
permits for repair and renovation of works
1. An application for a permit for repair and renovation of
a work.
2. A copy of one of the papers proving the right to own,
manage or use the work or house in accordance with law.
3. Drawings or photos of the part or item of the work or
house to be renovated.
4. A written approval of a state management agency in
charge of culture of the necessity of construction and the size of the work,
for ranked historical and cultural relics and scenic works and technical
infrastructure works.
Article 97. Dossiers of application for construction
permits for relocation of works
1. An application for a permit for relocation of a work.
2. Copies of papers proving the rights to use land to which
the work is relocated and papers on lawful ownership of the work as prescribed
by law.
3. Work completion drawings (if any) or design drawings
describing the actual state of the work to be relocated, showing the ground,
cross section of the foundation, and drawings of the main force-bearing
structure; drawings of the total ground of the location to which the work is
relocated; drawings of the ground and cross section of the foundation of the
location to which the work is relocated to.
4. A report on results of the survey assessing the current
quality of the work conducted by a fully capable organization or individual.
5. The relocation plan prepared by a fully capable
organization or individual, covering:
a/ Description of the current state of the work and the
area to which the work is relocated; relocation solution, plan on arrangement
and use of means, equipment and labor; solutions to ensuring safety for the
work, people, machinery, equipment and adjacent works; assurance of
environmental sanitation; relocation schedule; organizations and individuals to
relocate the work;
b/ Drawings showing construction measures to relocate the
work.
Article 98. Adjustment of construction permits
1. In the course of construction, if there are adjustments
to the design resulting in changes in one of the following contents, project
owners shall request adjustment of construction permits:
a/ Change of the external architecture of the work, for
works in urban centers or areas subject to architecture management
requirements;
b/ Change of one of the following factors: construction location
and area; size, height and number of stories of the work and other factors
affecting its main force-bearing structure;
c/ Adjustment of the interior design of the work resulting
in a change of its utility and affecting safety, fire and explosion prevention
and fighting or environmental protection.
2. A dossier of request for adjustment of a construction
permit must comprise:
a/ A written request for adjustment of a construction
permit;
b/ The granted original construction permit;
c/ Design drawings related to the adjustment to the design
permitted in the granted construction permit;
d/ A report on appraisal results and written approval of
the adjusted design (except for separate houses) of the project owner,
containing a content on assurance of force-bearing safety, fire and explosion
prevention and fighting and environmental protection.
Article 99. Extension of construction permits
1. Before the expiration of the construction permit for
construction commencement, if the construction of the work has not commenced
yet, the project owner shall make a request for extension of the construction
permit. A construction permit may be extended no more than twice, with each
extension not exceeding 12 months. At the end of the extension period, if
failing to commence construction, the project owner shall submit a new dossier
of application for a construction permit.
2. A dossier of request for extension of a construction
permit must comprise:
a/ A written request for extension of a construction
permit;
b/ The granted original construction permit.
3. For works or separate houses for which construction
permits with definite terms have been granted, at the end of the existence
duration written in the permits, if the plan has not been implemented yet,
owners or assigned users of the works may request the construction licensing
agency to consider extending the existence duration until the plan is
implemented. The existence duration of a work shall be written in its granted
construction permit with a definite term.
Article 100. Re-grant of construction permits
1. A construction permit may be re-granted when it is tom,
ragged or lost.
2. A dossier of request for re-grant of a construction
permit must comprise:
a/ A written request for re-grant of construction permit;
b/ The granted original construction permit, which is tom
or ragged.
Article 101. Withdrawal or cancellation of construction
permits
1. A construction permit shall be withdrawn in the
following cases:
a/ The construction permit is granted not in accordance
with law;
b/ The project owner fails to remedy the construction in
violation of the construction permit within the time limit written the
violation handling document at the request of a competent state agency.
2. After 10 days from the date of issuance of the construction
permit withdrawal decision by a competent state agency in the case prescribed
in Clause 1 of this Article, if the project owner fails to return the
construction permit to the granting agency, the latter or a competent agency
shall decide to cancel the construction permit and notify it to the project
owner and the commune-level People’s Committee of the locality where the
construction work is located. The construction permit cancellation decision
shall be posted on the website of the provincial- level Construction
Department.
Article 102. Process of grant, re-grant, adjustment and
extension of construction permits
1. The process of grant and adjustment of a construction
permit is prescribed as follows:
a/ The project owner shall submit 2 sets of dossier of
application for a construction permit or request for adjustment of construction
permit to the agency competent to grant construction permits;
b/ The agency competent to grant construction permits shall
receive the dossier, check the dossier and write a receipt if the dossier is
valid as prescribed or guide the project owner to complete the dossier if it
fails to meet prescribed requirements;
c/ Within 7 working days after receiving a dossier, the
agency competent to grant construction permits shall organize appraisal of the
dossier and conduct field inspection. During appraisal, the competent agency
shall determine which documents are still missing, improper or untrue to
reality and inform them once in writing to the project owner for supplementation
and completion of the dossier. If the supplemented dossier still fails to meet
the notified requirements, within 5 working days the competent agency shall
issue a written notice to the project owner guiding the latter to further
improve the dossier. The project owner shall supplement and complete the
dossier according to the written notice. If the supplemented dossier still
fails to satisfy the notified contents, within 3 working days, the competent
agency shall notify the project owner of the reason for refusal to grant a
permit;
d/ The agency competent to grant construction permits shall
examine the size, characteristics and category of the work and site of
construction stated in the dossier of application for a construction permit
against the conditions prescribed in this Law and send written requests for
opinions of state management agencies in charge of fields related to the
construction work in accordance with law;
dd/ Within 12 days, for works or separate houses, after
receiving a dossier, consulted state management agencies shall issue written
replies on the contents under their respective management functions. After the
above time limit, if they give no opinions, they shall be considered having
agreed and shall take responsibility for the contents under their respective
management functions; in pursuance to current regulations, the agency competent
to grant construction permits shall decide to grant construction permits;
e/ From the date of receiving a valid dossier, the agency
competent to grant construction permits shall examine the dossier for the grant
of a permit within 30 days in the case of grant of construction permits,
including also construction permits with definite terms, adjusted construction
permits and relocation permits, and within 15 days, for separate houses. At the
end of the time limit for the grant of a construction permit, if the agency
competent to grant construction permits needs more time for examination, it
shall notify in writing the reason to the project owner and at the same time
report it to the direct management agency for consideration and direction, but
within 10 days after the expiration of the time limit prescribed in this
Clause.
2. The process of extension and re-grant of construction
permits is prescribed as follows:
a/ The project owner shall submit 2 sets of dossier of
request for extension or re-grant of construction permit to the agency
competent to grant construction permits;
b/ Within 5 working days after receiving a complete and
valid dossier, the agency competent to grant construction permits shall
consider and allow the extension of the construction permit or re-grant the
construction permit.
3. The receipt of replies and payment of fees for the grant
of construction permits are prescribed as follows:
a/ Project owners shall receive construction permits
enclosed with design dossiers submitted for the application of construction
permits bearing the stamp of the agency competent to grant construction permits
at the place of receipt of the dossiers according to the time of appointment
written in the receipts;
b/ Project owners shall pay a fee under regulations upon
submission of dossiers of application for construction permits.
4. For cases ineligible for the grant of a construction
permit, within the time limit prescribed in Clause 2 of this Article, the
agency competent to grant construction permits shall issue a written notice
clearly stating the reason to the project owner. Past the time limit written in
the receipt, if the competent agency fails to reply, the project owner is
entitled to construct the work according to the appraised and approved design
dossier included in the dossier of application for a construction permit.
5. The Government shall issue detailed regulations on
dossiers of application for construction permits, adjustment, extension,
re-grant and withdrawal of construction permits for each type of construction
permit and category of work.
6. The Minister of Construction shall issue detailed
regulations on the form of application and design drawings in dossiers of
application for construction permits.
Article 103. Competence to grant, adjust, extend, re-grant
and withdraw construction permits
1. The Ministry of Construction shall grant construction
permits for works of special grade.
2. Provincial-level People’s Committees grant construction
permits for construction works of grades I and II; religious works; historical
and cultural relic works, monuments and murals which have been ranked; works in
main street lines and thoroughfares in urban centers; and works of
foreign-invested projects. Provincial-level People’s Committees may
decentralize powers to provincial-level Construction Departments, and
management boards of economic zones, industrial parks, export processing zones
and hi-tech parks to grant construction permits under the scope of management
and functions of these agencies.
3. District-level People’s Committees shall grant
construction permits for works and separate houses in urban centers, centers of
commune clusters and in conservation zones and historical and cultural relic
areas in the territories under their management, except construction works
prescribed in Clauses 1 and 2 of this Article.
4. Agencies competent to grant construction permits are
competent to adjust, extend, re-grant and withdraw construction permits they
have granted.
5. In case an agency competent to grant construction
permits fails to withdraw a construction permit it has granted ultra vires, the
provincial-level People’s Committee shall directly issue a decision to withdraw
such construction permit.
Article 104. Responsibilities of agencies competent to
grant construction permits
1. To publicly post up and explain and guide regulations on
grant of construction permits.
2. To monitor, issue replies to or notify project owners of
dossiers ineligible for the grant of construction permits.
3. To grant construction permits according to the process
and within the time limit prescribed in Article 102 of this Law.
4. To assume the prime responsibility for, and coordinate
with related functional agencies in inspecting the construction according to
construction permits; to suspend the construction and withdraw construction
permits according to their competence when project owners commit serious
violations.
5. Persons competent to grant construction permits shall
take responsibility before law and pay compensations in accordance with law for
damage caused by their wrong or delayed grant of construction permits.
Article 105. Responsibilities of agencies and organizations
related to the grant of construction permits
1. To perform the responsibilities prescribed at Point dd,
Clause 1, Article 102 of this Law.
2. To take necessary measures when receiving notices of
agencies competent to handle violations with regard to works constructed not
according to planning, constructed without permits or in violation of granted
construction permits.
Article 106. Rights and obligations of construction permit
applicants
1. Construction permit applicants have the following
rights:
a/ To request construction licensing agencies to explain,
guide and comply with regulations on construction licensing;
b/ To file complaints about, lawsuits and denunciations
against illegal acts in the grant of construction permits;
c/ To start construction of works in accordance with this
Law.
2. Construction permit applicants have the following
obligations:
a/ To submit complete dossiers and fully pay fees for the
grant of construction permits;
b/ To bear responsibility for the accuracy and truthfulness
of construction permit application dossiers;
c/ Seven working days before starting the construction, to
notify in writing the construction starting date to the commune-level People’s
Committees of places where works will be constructed;
d/ To observe strictly the contents of the construction
permits.
Chapter VI
CONSTRUCTION OF WORKS
Section 1. PREPARATION FOR CONSTRUCTION OF WORKS
Article 107. Conditions for commencement of construction of
works
1. The commencement of construction of a work must satisfy
the following conditions:
a/ Having construction grounds for handover in whole or in
part according to the construction schedule;
b/ Having construction permits, for works requiring
construction permits as prescribed in Article 89 of this Law;
c/ Having the approved construction drawing designs of
items or works to be constructed and the drawings checked and certified by the
project owner;
d/ Having construction contracts signed between the project
owner and selected contractor;
dd/ Ensuring adequate funds according to the work construction
progress;
e/ Having measures to ensure safety and environmental
protection in the course of construction.
2. The commencement of construction of separate houses must
meet only the condition prescribed at Point b, Clause 1 of this Article.
Article 108. Preparation of construction ground
1. The
recovery, allocation and lease of land and compensation and ground clearance
for construction must comply with the land law. People’s Committees at all
levels shall direct and organize the compensation and support for ground
clearance and resettlement for construction investment projects in accordance
with law.
2. The
duration of construction ground clearance must meet the requirements on project
implementation progress as approved or decided by competent persons.
3. The
handover of construction grounds in whole or in part for construction must be
as agreed between the project owner and construction contractor.
4. Funds
for compensation and support for ground clearance and resettlement (if any)
shall be ensured.
Article 109. Requirements on construction sites
1.
Project owners shall install signboards at construction sites, except for
separate houses with under 7 stories. The contents of a signboard include:
a/ Title
and size of the work;
b/ Dates
of commencement and completion;
c/
Names, addresses and telephone numbers of the project owner, construction
contractor, construction designing organization and construction supervision
organization or individual;
d/
Perspective drawings of the work.
2.
Construction contractors shall manage the entire construction sites in
accordance with law, except the case in which the project owner organizes the
management. Contents of management of a construction work include:
a/ There
must be fences, guard posts and conspicuous signboards to ensure separation
between the construction site and outside;
b/ The
layout of the construction site within the construction boundary of the work
must be in line with the approved general construction ground design drawing
and the specific conditions of the construction site;
c/
Supplies, materials and equipment pending installation must be neatly arranged
according to the general construction ground design;
d/
Within the construction site there must be signboards of the general ground
plan, safety, fire and explosion prevention and fighting and other necessary
signboards.
3.
Construction contractors shall take measures to ensure safety for people and
vehicles entering and leaving the construction sites, collect and treat
construction wastes in a proper manner without badly affecting the environment
around the construction sites.
Article 110. Requirements on use of building materials
1. Safety, efficiency, thriftiness and environmental
friendliness.
2. Materials and structures used in a construction work
must comply with the approved construction designs and technical instructions
(if any), ensuring quality in accordance with the law on standards, technical
regulations and the law on quality of products and goods.
3. Building materials used for manufacture and processing
of semi-finished products must comply with Clauses 1 and 2 of this Article.
4. Priority shall be given to using local and domestic
materials. For projects using state funds, the use of imported materials must
be stated in bidding dossiers or dossiers of requirements suitable to
construction designs and technical instructions (if any) decided by investment
deciders.
Section
2. CONSTRUCTION OF WORKS
Article 111. Requirements on construction of works
1. Complying with approved construction designs, standards
and technical regulations applicable to works, laws and regulations on use of
building materials; ensuring force-bearing safety, safety in use, artistic
appearance, environmental protection, fire and explosion prevention and fighting,
and other safety conditions prescribed by law.
2. Ensuring safety for construction works, people and
construction equipment, underground facilities and adjacent works; taking
measures to restrict human and property losses when unsafe incidents occur in the
course of construction.
3. Taking separate safety technical measures for
construction items and jobs subject to strict requirements on labor safety and
fire and explosion prevention and fighting.
4. Using supplies and materials of proper types and specifications
and quantities according to requirements of construction designs, ensuring
thriftiness in the course of construction.
5. Conducting examination, supervision and pre-acceptance
test of construction jobs and important transitional construction stages when
necessary and pre-acceptance test of completed items and works before they are
put into operation and use.
6. Construction contractors must meet all capability
conditions applicable to different types and grades of works and construction
jobs.
Article 112. Rights and obligations of project owners in
the construction of works
1. Project owners have the following rights:
a/ To carry out construction themselves if they have full
and appropriate construction capabilities or select construction contractors;
b/ To negotiate and sign construction contracts; to
supervise and request construction contractors to strictly perform the signed
contracts;
c/ To suspend the performance of, or terminate, contracts
with construction contractors in accordance with law and construction
contracts;
d/ To stop the construction and request construction
contractors to remedy consequences caused by violations of regulations on work
quality, safety and environmental protection;
dd/ To request related organizations and individuals to
coordinate in performing jobs in the course of construction;
e/ Other rights prescribed by law.
2. Project owners have the following obligations:
a/ To select contractors having full and appropriate
construction capabilities suitable to different types and grades of works and
construction jobs;
b/ To join People’s Committees at all levels in paying
compensations for damage and clearing sites for construction for handover to
construction contractors;
c/ To organize quality supervision and management of
construction activities suitable to the forms of project management and
conformable with construction contracts;
d/ To examine construction measures and measures to ensure
safety and environmental sanitation;
dd/ To organize pre-acceptance tests, payment and
settlement for works;
e/ To hire consultancy organizations having full
construction capabilities to test the quality of works when necessary;
g/ To examine and decide on contractors’ proposals related
to designs in the course of construction;
h/ To archive construction dossiers of works;
i/ To take responsibility for the quality and origin of
supplies, raw materials, materials, equipment and construction products they
supply for use in the works;
k/ To pay compensations for damage caused by their violations
of contracts and other violations;
l/ Other obligations prescribed by law.
Article 113. Rights and obligations of construction
contractors
1. Construction contractors have the following rights:
a/ To reject illegal requests;
b/. To propose construction design modifications to suit
construction reality, ensuring quality and efficiency;
c/ To request payment for the value of completed
construction volumes according to the contracts;
d/ To stop construction when there are threats of unsafety
to people and works or the principals fail to strictly perform their
contractual commitments;
dd/ To request compensations for damage caused due to
faults of the principal;
e/ Other rights stated in the contracts and prescribed by
relevant laws.
2. Construction contractors have the following obligations:
a/ To only undertake construction contracts and jobs
suitable to their construction capabilities and properly perform the signed
contracts;
b/ To make and submit to project owners for approval
construction measure designs specifying measures to ensure safety for people,
machinery, equipment and works;
c/ To carry out construction strictly according to the
designs and applied standards and technical regulations, ensuring quality,
progress, safety and environmental protection;
d/ To apply an appropriate quality control system and
establish quality management dossiers of works;
dd/ To comply with requirements on construction sites;
e/ To take responsibility for the quality and origin of
supplies, raw materials, materials, equipment and construction products they
supply for the works;
g/ To manage workers at construction sites, ensuring
security, order and environmental protection;
h/ To make construction completion drawings and take part
in the pre-acceptance test of works;
i/ To provide work warranty;
k/ To pay compensations for damage caused by their
violations of contracts, use of materials of improper categories or failure to
ensure requirements of approved designs, construction activities which fail to
ensure quality or cause environmental pollution, and other violations;
l/ To bear responsibility for the quality of construction
activities according to the designs, including jobs performed by subcontractors
(if any); subcontractors shall bear responsibility for the quality of jobs they
perform before principal contracts and law;
m/ Other obligations stated in the contracts and prescribed
by relevant laws.
Article 114. Rights and obligations of designing
contractors in construction
1.
Designing contractors have the following rights:
a/ The
rights prescribed in Clause 1, Article 86 of this Law;
b/ To
request project owners and construction contractors to strictly implement the
designs;
c/ To
reject requests of project owners for unreasonable design changes;
d/ To
refuse to conduct pre-acceptance test of works or work items if they are
constructed not according to the designs;
dd/
Other rights as stated in the contracts and prescribed by relevant laws.
2.
Designing contractors have the following obligations:
a/ The
obligations prescribed in Clause 2, Article 86 of this Law;
b/ To
appoint fully capable persons to conduct design author’s supervision according
to the contracts; persons performing this task shall take responsibility before
law for their violations and shall compensate for damage caused due to their
faults;
c/ To
take part in the pre-acceptance test of works according to construction
designing contracts with project owners;
d/ To
consider and remedy nationalities in the construction designs at the request of
project owners;
dd/ To
promptly notify to project owners of construction activities which are carried
out not in accordance with approved designs and propose handling measures;
e/ Other
obligations stated in the contracts and prescribed by relevant laws.
Article 115. Safety in construction
1. In the course of construction, project owners and
construction contractors shall ensure safety for works, workers, equipment and
vehicles operating on construction sites.
2. Project owners shall arrange fully capable persons to
monitor and examine construction contractors’ compliance with safety
regulations; suspend or terminate construction when detecting incidents causing
unsafety to works, signs of violation of safety regulations; coordinate with
contractors in handling incidents or labor accidents that occur; promptly
notify fatal incidents or labor accidents to competent functional agencies.
3. Construction contractors shall propose and implement
measures to ensure safety for people, machinery, equipment, assets and works under
construction, underground facilities and adjacent works; construction
machinery, equipment and supplies subject to strict labor safety requirements
shall be inspected to ensure their safe use.
Article 116. Environmental protection in construction
In the course of construction, construction contractors
shall:
1. Work out and implement measures to protect the
environment in the course of construction, including air environment and water
environment, limits of solid waste, noise and other requirements prescribed by
the law on environmental protection.
2. Pay compensations for damage caused by their violations
related to environmental protection.
Article 117. Relocation of works
1. The relocation of works must comply with approved
construction master plans and ensure their quality and safety, not affect
adjacent works, and ensure their original architecture, for works with
conservation requirements.
2. Before relocating works, project owners or work owners
shall apply for relocation permits.
3. Contractors that conduct the relocation of works shall
apply measures to ensure labor safety and safety for relocated works and
adjacent works and environmental protection.
Article 118. Dismantlement of construction works
1. Construction works shall be dismantled in the following
cases:
a/ For clearance of sites for construction of new or
makeshift works;
b/ Works are likely to collapse, thus affecting the
community and adjacent works;
c/ Works are constructed in no-construction zones
prescribed in Clause 3, Article 12 of this Law;
d/ Works are constructed at variance with construction
planning, works are constructed without construction permits as required, or
works are constructed at variance with their construction permits;
dd/ Works are constructed on public land, land under lawful
use rights of organizations or individuals; works are constructed against
approved designs, for works exempted from construction permit;
e/ Separate houses are dismantled for building new ones.
2. The dismantlement of construction works must satisfy the
following requirements:
a/ It shall only be conducted under a decision of a
competent state agency (if any);
b/ It shall be conducted according to the approved
dismantlement plan and solutions, ensuring safety and environmental protection.
3. Responsibilities of parties involved in the
dismantlement of construction works are prescribed as follows:
a/ Organizations and persons that are assigned to organize
the dismantlement shall comply with the provisions in Clause 2 of this Article
and take responsibility before law and pay compensations for damage caused due
to their faults;
b/ Current owners or users of works to be dismantled shall
comply with dismantlement decisions of competent state agencies. Those failing
to comply with such decisions shall be subject to coerced dismantlement of
their works and bear all dismantlement costs;
c/ Persons competent to decide on the dismantlement of
works shall take responsibility before law for consequences of their failure to
issue decisions, untimely decisions or illegal decisions.
Article
119. Incidents in construction works
1. In the course of construction, operation, exploitation
or use of works, if detecting threats of unsafety or occurrence of incidents
that may affect human lives, adjacent works and communities, project owners,
construction contractors, use managers or competent state agencies shall:
a/ Stop the construction, operation, exploitation or use of
works, and apply measures to ensure safety for people and property;
b/ Apply necessary measures to limit and prevent further
possible dangers to works and promptly notify such to related competent
organizations and persons;
c/ Protect incident scenes, except cases in which remedies
shall be taken promptly to prevent or stop damage.
2. Upon detecting, or receiving notices of, incidents,
competent state agencies and related organizations and persons shall, within
the ambit of their respective tasks and powers:
a/ Promptly apply urgent measures to remedy the incidents;
b/ Competent state agencies shall organize identification
of causes of incidents and clarify responsibilities of organizations and
individuals at fault.
3. Works in which incidents occur may be further
constructed, operated, exploited or used only when it is permitted by competent
state agencies handling the incidents.
4. Organizations and individuals that cause incidents to
works shall pay compensations for damage and bear related expenses, and may be
administratively handled; individuals may be examined for penal liability in
accordance with law.
Section
3. SUPERVISION OF CONSTRUCTION, PRE-ACCEPTANCE TEST AND HANDOVER OF
CONSTRUCTION WORKS
Article
120. Construction supervision
1. Construction works shall be supervised in terms of
quality, volume, progress, labor safety and environmental protection in the
course of construction.
The State shall encourage the supervision of the
construction of separate houses.
2. Supervision of the construction of works must ensure the
following requirements:
a/ Supervision shall be conducted throughout the process of
construction from commencement of construction, construction activities to
completion and pre-acceptance test of construction jobs or constructed items;
b/ Supervision shall be based on approved construction
designs, applied standards, technical regulations, regulations on the
management and use of building materials, technical instructions and
construction contracts;
c/ Honesty, objectivity and non-self-seekingness.
3. Selected construction supervision contractors shall
propose supervision solutions and the process of controlling the quality,
volume, progress, labor safety and environmental protection and the process of
examination and pre-acceptance test, measures to manage records and documents
in the process of supervision and other necessary contents.
Article 121. Rights and obligations of project owners in
construction supervision
1. Project owners have the following rights:
a/ To conduct supervision by themselves when they have full
construction supervision capabilities and take responsibility for their
supervision;
b/ To negotiate and sign construction supervision
contracts; to monitor and supervise the performance of, and request
construction supervision contractors to properly perform, signed contracts;
c/ To change or request consultancy organizations to change
supervisors in case the supervisors fail to strictly comply with regulations;
d/ To suspend the performance of, or terminate construction
supervision contracts in accordance with law;
dd/ Other rights stated in the contracts and prescribed by
relevant laws.
2. Project owners have the following obligations:
a/ To select supervision consultants that have full
capability conditions suitable to the type and grade of construction works to
sign construction supervision contracts in case they fail to conduct the
supervision by themselves;
b/ To notify related parties of the rights and obligations
of supervision consultants;
c/ To promptly respond to proposals of supervisors;
d/ To fully perform the obligations agreed upon in the
construction supervision contracts;
dd/ To preserve construction supervision results;
e/ To pay compensations for damage caused by the selection
of supervision consultants that lack construction supervision capability
conditions, pre-acceptance test of incorrect volume, construction not according
to designs, and other violations due to their fault;
g/ Other obligations stated in the contracts and prescribed
by relevant laws.
Article
122. Rights and obligations of construction supervision contractors
1. Construction supervision contractors have the following
rights:
a/ To participate in the pre-acceptance test and
certification of completed construction jobs or works;
b/ To request construction contractors to comply with
approved designs and signed construction contracts;
c/ To reserve their opinions on supervision jobs they
perform;
d/ To suspend construction when detecting that works are at
risk of unsafety or contractors conduct construction not according to designs
and promptly notify such to project owners for handling;
dd/ To reject unreasonable requests of related parties;
e/ Other rights stated in the contracts and prescribed by
relevant laws.
2. Construction supervision contractors have the following
obligations:
a/ To conduct supervision strictly according to contracts;
b/ Not to accept volumes that fail to ensure quality or
conform to applied standards, technical standards and requirements of
construction designs;
c/ To refuse to conduct pre-acceptance test of works that
fail to meet quality requirements;
d/ To notify project owners of irrationalities in
construction designs;
dd/ To supervise the implementation of regulations on
safety and environmental protection;
e/ To pay compensations for damage caused by the
falsification of supervision results on construction volumes implemented not
according to designs, not in conformity with applied standards and technical
regulations which have not been reported by supervisors to project owners or
competent persons for handling, and by other violations due to their faults;
g/ Other obligations stated in the contracts and prescribed
by relevant laws.
Article 123. Pre-acceptance test of construction works
1. The pre-acceptance test of construction works covers:
a/ Pre-acceptance test of construction works in the process
of construction and pre- acceptance test of transitional construction stages
when necessary;
b/ Pre-acceptance test of completed work items or
construction works before being put into operation or use.
2. Completed work items or construction works may only be
put into operation or use after their pre-acceptance test results show that
they meet requirements of construction designs, applied standards and technical
regulations and regulations on the management and use of building materials and
their pre-acceptance tests are conducted in accordance with this Law.
3. Project owners shall organize the pre-acceptance test of
construction works. Organizations and individuals participating in
pre-acceptance test of construction works shall take responsibility for
products they have certified when conducting the pre- acceptance test.
4. For important national works, large-sized works with
complicated technical requirements, works that exert great impacts on community
safety and environment and works using state funds, pre-acceptance tests during
the process of construction and of completed works shall be examined. The
responsibility for examining pre-acceptance tests is prescribed as follows:
a/ The State Council for Pre-acceptance Test of
Construction Works shall examine pre- acceptance tests performed by project
owners with regard to important national works and large-sized works with
complicated technical requirements;
b/ Specialized construction agencies shall examine
pre-acceptance tests performed by project owners with regard to works other
than those mentioned at Point a of this Clause.
5. The Government shall detail the quality management,
pre-acceptance test and settlement of incidents of construction works.
Article 124. Handover of construction works
1. The handover of construction works must comply with the
following provisions:
a/ Construction works have been pre-acceptance tested in
accordance with the construction law;
b/ Safety is ensured in the operation and exploitation when
the works are put into use.
2. Project owners shall receive works according to
contracts signed with contractors. Persons taking part in the handover of works
shall take responsibility for products certified by them in the course of
handover. If they are not use managers of works, project owners shall hand over
works to use managers after organizing the pre-acceptance test of the works.
The handover of construction works shall be recorded in writing.
3. When handing over construction works, construction
contractors shall deliver to project owners construction completion drawings,
documents on the operation process, maintenance process and list of reserve
equipment, spare parts and supplies and other necessary related documents.
4. Pending the handover of construction works to their
managers for use, project owners shall temporarily manage and operate these
works.
Section
4. WARRANTY AND MAINTENANCE OF CONSTRUCTION WORKS
Article 125. Warranty for construction works
1. Construction contractors shall provide warranty for
works they have constructed. Work and technological equipment supply
contractors shall provide warranty for equipment they have supplied.
2. Contents of warranty for a work include repair and
replacement of damaged or faulty equipment due to contractors’ faults.
3. The warranty duration of works, their equipment and
technological equipment shall be determined according to types and grades of
construction works and regulations of manufacturers or equipment supply
contracts.
4. The Government shall specify the warranty of
construction works.
Article 126. Maintenance of construction works
1. Maintenance of construction works must meet the
following requirements:
a/ Once put into operation and use, construction works and
their items shall be maintained;
b/ The maintenance process shall be established and
approved by project owners before putting construction works and their items
into operation or use; must be suitable to use purposes, types and grades of
construction works and their items and installed equipment;
c/ The maintenance of works must ensure safety for works,
people and property.
2. Owners or use managers of works shall maintain works and
their machines and equipment.
3. The maintenance of construction works and their
equipment must comply with the approved maintenance plans and process.
4. The Government shall specify the maintenance of
construction works and responsibility to announce expired construction works.
Article 127. Termination of operation and use of
construction works
1. Project owners or use managers of works or competent
state agencies shall decide to terminate the operation and use of construction
works when these works’ lifetime expires, these works are at risk of becoming
unsafe or causing incidents affecting the safety of users and safety of
adjacent works, the environment and community.
2. When deciding to terminate the operation and use of
works under common use, project owners or use managers or competent state
agencies shall issue written notices of their decisions to work-using
organizations, individuals and households.
3. The operation and use of construction works may resume
only after incidents have been remedied or safety threats have been eliminated.
For an expired work, if wanting to continue to use the work, its owner or user
shall conduct quality assessment, reinforce and renovate it and repair its
damage (if any) to ensure its safety and utilities.
Section 5. CONSTRUCTION OF SPECIAL-TYPE WORKS
Article
128. Special-type construction works
1. Special-type construction works include:
a/ State-secret works;
b/ Works constructed under urgent orders;
c/ Makeshift works.
2. The Government shall detail this Article.
Article 129. Construction of state-secret works
1. State-secret works constructed according to requirements
must ensure secrets in construction investment activities in the national
defense, security, foreign relations, economic, scientific and technological
and other fields.
2. Agencies, organizations and persons that are assigned to
manage and construct state- secret works have the power to decide on and shall
take responsibility for constructing, and organizing the construction of, works
from the stages of project formulation, survey, designing, construction and
construction supervision of works to the stage of pre-acceptance test and
putting of works into use.
3. The Government shall decide on the construction of
state-secret works.
Article 130. Construction of works under urgent orders
1. Works shall be constructed under urgent orders to
promptly meet urgent requirements of prevention and combat of natural disasters
and enemy sabotage and other urgent requirements.
2. Agencies, organizations and persons that are assigned to
manage the construction of works under urgent orders may decide by themselves
the order of survey, designing and construction to meet the requirements of a
state of emergency; and shall organize the construction of such works in order
to meet in time the implementation requirements and schedule in order to
minimize possible human and material losses.
Article 131. Construction of makeshift works
1. Makeshift works are those constructed to serve the
construction of main works;
2. Project owners and construction contractors shall
themselves organize the appraisal and approval of construction designs and cost
estimates and construct makeshift works according to approved construction
designs and cost estimates.
3. Makeshift construction works shall be dismantled after
main works are put into operation and use, except makeshift works constructed
in accordance with approved construction master plans.
Chapter VII
CONSTRUCTION INVESTMENT
COSTS AND CONSTRUCTION CONTRACTS
Section 1. MANAGEMENT OF CONSTRUCTION INVESTMENT COSTS
Article 132. Principles of management of construction
investment costs
1. Management of construction investment costs must ensure
investment objectives and effectiveness of projects, follow the order of
construction investment and suit funding sources. Construction investment costs
shall be calculated accurately and fully for each project, construction work or
bidding package and must be suitable to design requirements, construction
conditions and market price levels.
2. The State shall manage construction investment costs
through promulgating, guiding and examining the implementation of, legal
provisions; guiding methods of estimating and managing construction investment
costs, measuring work volumes, construction machine and equipment shift prices,
adjusting construction cost estimates, construction price index, controlling
costs in construction investment; and guiding and managing the grant of
construction valuation certificates; and publicizing construction criteria and
norms and construction price index.
3. Project owners shall manage construction investment
costs from the stage of project preparation to the completion of construction
and putting of projects into operation and use within the approved total
investment amounts of projects. Project owners may hire cost management
consultancy organizations and individuals with full capability conditions to
estimate, appraise and control construction investment costs.
4. The inspection, examination and audit of construction
investment costs shall be conducted based on conditions for and methods of
determining construction investment costs already approved by investment
deciders and project owners in accordance with regulations and guidelines on
the estimation and management of construction investment costs and the order of
construction investment.
5. Construction investment costs of projects using state
funds shall be determined according to regulations on the estimation and
management of construction investment costs.
Article 133. Contents of management of construction
investment costs
1. Contents of management of construction investment costs
include total investment amounts, construction cost estimates, prices of
construction bidding packages, prices of construction contracts, construction
norms and prices, expenses for project management and construction investment
consultancy; payment and settlement of construction investment funds; and
rights and obligations of investment deciders, project owners and construction
contractors in the management of construction investment costs.
2. The Government shall detail the management of
construction investment costs.
Article 134. Total construction investment amount
1. Total construction investment amount includes all
construction investment costs of a project determined according to the basic
design and contents of the construction investment feasibility study report. In
case a construction investment pre-feasibility study report is to be made, the
total investment amount determined according to the preliminary design shall
serve as a basis for estimating construction investment costs.
2. The contents of total construction investment amount
include costs of construction, equipment, compensation, support and
resettlement, project management, construction investment consultancy, other
costs and provisional amounts for arising volumes and inflation. For projects
for which only construction investment economic-technical reports are required
to be made, the total construction investment includes the costs in the work
construction cost estimate prescribed in Article 135 of this Law, compensation,
support and resettlement expenses and other costs.
3. The total construction investment amount shall be
determined based on the construction volume calculated according to the basic
design and other necessary requirements of projects, or determined based on the
construction investment capital ratio or data on costs of previously
constructed similar works.
4. The total construction investment amount shall be
appraised and approved and serve as the basis for managing project costs. For
projects using state funds, the approved total construction investment amount
is the maximum level which project owners may use to implement the projects.
5. The approved total construction investment amount of a
project using state funds may be adjusted only when the project is adjusted
under Clause 1, Article 61 of this Law. For projects using other funds,
investment deciders shall decide on the adjustment of their total construction
investment amounts.
Article
135. Construction cost estimates
1. Construction cost estimate covers costs necessary for
constructing a work, performing a bidding package or construction job, which
shall be determined based on the volume calculated according to the technical
design, construction drawing design, requirements of the job to be done and
construction norms and prices.
2. Contents of a construction cost estimate include costs
of construction, equipment, project management, construction investment
consultancy, other costs and provisional fund.
3. A construction cost estimate using state funds shall be
approved under Clauses 1 and 2, Article 82 of this Law and serve as a basis for
determining the price of the bidding package and for negotiating and signing
the construction contract.
4. The approved construction cost estimate of a project
using state funds may be adjusted only in the following cases:
a/ Adjusting the total construction investment amount under
Clause 1, Article 61 of this Law;
b/ The design is permitted to be modified or supplemented
not against the basic design or the estimated construction cost structure is
permitted to be changed but must not exceed the approved total construction
investment amount;
c/ The adjustment of the construction cost estimate shall
be appraised and approved in accordance with the construction law.
5. For projects using other funds, investment deciders or project
owners shall decide on the adjustment of their construction cost estimates.
Article
136. Construction norms, prices and price index
1. The system of construction norms includes
economic-technical norms and cost norms. The construction price of a work
includes detailed construction unit prices and general construction prices for
different groups and types of construction jobs, structural units, parts of the
work or the whole work.
2. Construction unit prices of a work shall be determined
based on market prices or construction norms and prices of materials, labor,
construction machines and other necessary cost elements compatible with market
price levels in construction areas.
3. The system of construction norms and prices prescribed
in Clause 1 of this Article shall be publicized by competent state agencies and
used or referred to by project owners for determining and managing construction
investment costs.
4. Construction price index is an indicator reflecting the
level of time-based fluctuation of construction prices of works and serving a
basis for determining and adjusting total investment amounts and cost estimates
of works and prices of construction contracts and for managing construction
investment costs of works.
The Ministry of Construction shall publicize the national
construction price index; provincial-level People’s Committees shall publicize
local construction price indexes.
Article
137. Payment and settlement for construction investment projects
1. The payment and settlement for construction investment
projects must comply with the law on management of investment capital. Project
owners or their lawful representatives shall take responsibility before law for
the accuracy and lawfulness of unit prices, volumes and values requested for
payment in payment dossiers.
2. After construction works are completed, pre-acceptance
tested, handed over and put into use, settlement of construction investment
projects shall be made. For projects using state funds, investment deciders
shall approve settlements for construction investment projects within their
approved investment amounts. The Government shall specify the settlement time
limit for construction investment projects.
3. The payment and settlement for construction contracts
must comply with Articles 144 and 147 of this Law.
Section
2. CONSTRUCTION CONTRACTS
Article
138. General provisions on construction contracts
1.
Construction contracts are civil contracts established in writing between
principals and contractors to perform in part or wholly the work in
construction investment activities.
2. The
principles of signing construction contracts include:
a/
Voluntariness, equality, cooperation, non-violation of law and social ethics;
b/
Assurance of adequate funds for payment according to contractual agreement;
c/
Having completed the selection of contractor and concluded the process of
contract negotiation;
d/ If
the contractor is a partnership of contractors, there must be a partnership
agreement. The partners shall sign and append their seals (if any) to the
construction contract, unless otherwise agreed by the parties.
3. The
principles of performance of construction contracts include:
a/ The
contractual parties shall properly implement their commitments in the contract
regarding the scope of work, quality requirements, quantity, category,
schedule, methods and other agreements;
b/
Honesty, cooperation and lawfulness;
c/ No
infringement upon the interests of the State and community and lawful interests
of other organizations and individuals.
4.
Language used in construction contracts is Vietnamese. For construction
contracts with the participation of foreign parties, the languages used therein
are Vietnamese and another language as agreed upon by the parties.
5.
Construction contracts shall be signed and performed in accordance with this
Law and relevant laws.
Article 139. Effect of construction contracts
1. A construction contract becomes effective when fully
meeting the following conditions:
a/ The contract signees have full civil act capacity and
act according to their competence in accordance with law;
b/ The principles of signing of construction contracts
prescribed at Point a, Clause 2, Article 138 of this Law are adhered to;
c/ The contractor has full construction operation and
practice capability conditions prescribed by this Law.
2. The time when a construction contract becomes effective
is the time of its signing or another specific time as agreed upon by
contractual parties.
Article 140. Types of construction contract
1.
Construction contracts shall be categorized according to the characteristics
and contents of work to be performed and applied contract prices.
2.
According to the characteristics and contents of work to be performed,
construction contracts include:
a/
Construction consultancy contract;
b/ Work
construction contract;
c/
Contract on supply of equipment for installation in construction work;
d/
Contract on designing, procurement of supplies and equipment and construction,
turnkey contract;
dd/
Other construction contract.
3.
According to the form of applied contract price, construction contracts
include:
a/
Package contract;
b/ Fixed
unit price-based contract;
c/
Adjustable unit price-based contract;
d/
Time-based contract;
dd/
Charge-plus cost-based contract;
e/
Combined price-based contract;
g/ Other
construction contract;
h/
Construction contract using State funds may only use types of contract
prescribed at Points a, b, c and d of this Clause or a combination of these
types of contract.
Article 141. Contents of construction contracts
1. A
construction contract includes the following contents:
a/
Applied legal bases;
b/
Language used in the contract,
c/
Content and volume of work;
d/
Quality, technical requirements of work; pre-acceptance test and handover;
dd/
Contract performance duration and schedule;
e/
Contract price, advance payment, currency used in payment, and payment for the
contract;
g/
Contract performance security, contract advance guarantee;
h/
Adjustment of the construction contract;
i/
Rights and obligations of the parties to the construction contract;
k/
Liability for violations of the contract, rewards and fines for violations of
the contract;
l/
Suspension and termination of the contract;
m/
Settlement of disputes over the contract;
n/ Risks
and force majeure events;
o/ Settlement and liquidation of the contract;
p/ Other contents.
2. For general construction contracts, beside the contents
prescribed in Clause 1 of this Article, the management contents and
responsibilities of the construction contractor shall be added.
3. The Government shall detail construction contracts.
Article 142. Dossiers of construction contracts
1. A
dossier of construction contract must comprise a contract with the contents
prescribed in Article 141 of this Law and its enclosed documents.
2. A
construction contract may be enclosed with some or all of the following
documents:
a/
Written notice of contract winning or contractor appointment;
b/
Specific terms of the contract or terms of reference, for construction
consultancy contracts;
c/
General terms of the contract;
d/
Bidding dossier or dossier of requirements of the principal;
dd/
Design drawings and technical instructions;
e/ Bid
dossier or dossier of proposals of the contractor;
g/
Written records of contract negotiation, documents modifying and supplementing
the contract;
h/
Annexes;
i/ Other
related documents.
3. The
order of priority application of documents enclosed with a construction
contract shall be agreed upon by contractual parties. In case the contractual
parties have no agreement thereon, the order prescribed in Clause 2 of this
Article will apply.
Article
143. Adjustment of construction contracts
1.
Adjustment of a construction contract includes adjustment of volume, schedule,
contract unit prices and other contents agreed upon in the contract. Adjustment
of a construction contract may be made only during the period of contract
performance.
2. A
construction contract may be adjusted in the following cases:
a/ The
case(s) agreed upon by the parties in the contract in accordance with this Law
and relevant laws;
b/ When
the State changes its policies directly affecting the contract performance,
unless otherwise agreed upon by the contractual parties;
c/ When
the project is adjusted, affecting the contract, unless otherwise agreed upon
by the parties;
d/ Force majeure circumstances as prescribed by law.
2. In
addition to the provisions of Clauses 1 and 2 of this Article, the adjustment
of prices of construction contracts under projects using state funds must also
comply with the following provisions:
a/ The
adjustment of unit prices for contract performance is applicable only to
adjustable unit price-based and time-based contracts;
b/ Unit
prices in contracts may be adjusted according to the contents, scope, methods
and bases for contract adjustment agreed upon by the parties in the contracts
in accordance with law;
c/
Permission of investment deciders shall be sought for contract adjustments that
would change the investment objectives and contract performance time or
increase the approved construction bidding package cost estimate.
Article 144. Payment for construction contracts
1. Payment for a construction contract must suit the type
of contract, contract price and conditions stated in the contract already
signed by the parties.
2 Contractual parties shall reach agreement on methods,
time and dossiers of and conditions on payment.
3. The principal shall fully pay the value for each time of
payment to the contractor after subtracting advanced amount and work warranty
money as agreed upon in the contract, unless otherwise agreed upon by the
parties.
4. For package contracts, payment shall be made according
to a percentage of the contract price or the price of the work, work items or
volume of work corresponding to the payment period agreed upon by the parties
in the contract.
5. For fixed unit price-based and adjustable unit
price-based contracts, payment shall be made based on actually completed and
tested volumes and unit prices or adjusted unit prices as agreed upon in the
contracts.
6. For time-based contracts, payment of expenses for
consultants shall be determined by multiplying the consultants’ salary levels
and expenses related to their activities by their actual working time already
pre-acceptance tested (on a monthly, weekly, daily or hourly basis).
7. For charge-plus cost-based contracts, payment shall be
made based on direct expenses for their performance of contractual work and
management expenses and profits of the contractor as agreed upon.
8. Payment for arising volumes without price units stated
in construction contracts shall be made as agreed upon in the contracts.
9. Currency used in the payment of construction contracts
is Vietnam dong; foreign currencies may be used for payment as agreed upon by
contractual parties in accordance with the law on foreign exchange management.
Article 145. Suspension and termination of construction
contracts
1. Contractual parties has the right to suspend the
performance of their construction contract in the following cases:
a/ The principal has the right to suspend the performance
of the construction contract when the contractor fails to meet requirements on
quality, labor safety and schedule stated in the signed contract;
b/ The contractor has the right to suspend the performance
of the construction contract when the principal violates the payment
agreements.
2. The principal has the right to terminate the performance
of the contract in the following cases:
a/ The contractor falls bankrupt or is dissolved;
b/ The contractor refuses or continuously fails to perform
work under the contract resulting in violations of the performance schedule
agreed upon in the contract.
3. The contractor has the right to terminate the contract
in the following cases:
a/ The principal falls bankrupt or is dissolved;
b/ Due to the fault of the principal the work is suspended
repeatedly beyond the schedule agreed upon by the parties, unless otherwise
agreed upon by the parties;
c/ The principal fails to make payment to the contractor
after the time limit agreed upon by the parties from the date the principal
receives complete and valid payment dossiers, unless otherwise agreed upon by
the parties.
4. Before a party suspends or terminates the performance of
the construction contract under Clauses 1, 2 and 3 of this Article, it shall
notify in writing the other party of the reason for suspension or termination;
if it fails to notify the other party, thus causing damage to the latter, it
shall pay compensations for such damage.
Article 146. Rewards and fines for construction contracts,
compensations for damage caused by violations and settlement of disputes over
construction contracts
1. Rewards or fines for construction contracts shall be
agreed upon by the parties and stated in the contracts.
2. For works using state funds, the fine level must not
exceed 12% of the value of the violated contract. In addition to the fine level
as agreed upon, the violating party shall compensate for damage caused to the
other party and a third party (if any) in accordance with this Law and relevant
laws.
3. The contractor shall compensate for damage caused to the
principal in the following cases:
a/ The work quality fails to ensure the agreements reached
in the contract or the completion time is prolonged due to the fault of the
contractor;
b/ Human and property losses are caused due to the fault of
the contractor during the warranty period.
4. The principal shall pay compensations to the contractor
in the following cases:
a/ Due to the fault of the principal, the contractual work
is discontinued or performed behind schedule, encounters risks or machines,
equipment, supplies and structures of the contractor are left unused;
b/ The principal provides documents and conditions
necessary for the jobs not in accordance with the contractual agreements,
making the contractor re-implement construction, suspend or adjust its job;
c/ The principal supplies raw materials, materials and
equipment and meets other requirements not according to the time and
requirements stated in the construction contract;
d/ The principal fails to make payment as agreed upon in
the contract.
5. In case a party fails to perform the contractual
obligations or improperly performs the contractual obligations, after
performing the obligations or applying remedies, it shall also pay
compensations for other damage, if any, caused to the other party at the level
equivalent to the level of damage caused to the other party.
6. If a party violates the contract due to the fault of a
third party, the violating party shall take responsibility for the violation to
the other party. The dispute between the violating party and the third party
shall be settled in accordance with law.
7. If the contract violation of a party infringes upon the
body, interests and property of the other party, the inflicted party is
entitled to request the other party to bear the responsibility for contract
violations as agreed upon in the contract and prescribed by relevant laws.
8. Principles and order of settlement of disputes over
construction contracts are prescribed as follows:
a/ Observance of contractual agreements and commitments in
the course of contract performance, ensuring equality and cooperation;
b/ Contractual parties shall themselves negotiate on the
settlement of disputes. If their negotiation is unsuccessful, their disputes
shall be settled through conciliation or commercial arbitration or court
proceedings in accordance with law.
Article 147. Settlement and liquidation of construction
contracts
1. The
contractor shall make settlement for the construction contract with the
principal in accordance with the type of contract and applied contract price.
The contents of settlement for a construction contract must conform with the
agreements stated therein.
2. The
time limit for settlement for a construction contract shall be agreed upon by
the parties. For construction contracts using state funds, the time limit for
settlement is 60 days from the date of pre-acceptance test of the completion of
the entire work under the contract, including arising work (if any). For large
construction contracts, the time limit for settlement may be longer but must
not exceed 120 days.
3. A
construction contract may be liquidated in the following cases:
a/ The
parties have fulfilled their contractual obligations;
b/ The
construction contract is terminated or cancelled in accordance with law.
4. The
time limit for liquidation of a construction contract shall be agreed upon by
the contractual parties. For construction contracts using state funds, the time
limit for liquidation thereof is 45 days from the date the contractual parties
fulfill their contractual obligations or the contract is terminated under
Clause 2, Article 145 of this Law. For large construction contracts, the time
limit for their liquidation may be longer but must not exceed 90 days.
Chapter
VIII
CONSTRUCTION OPERATION CAPABILITY CONDITIONS
Article 148. General provisions on capability condition of
organizations and individuals engaged in construction activities
1.
Individuals conducting construction activities must have diplomas and training
certificates relevant to their construction jobs granted by lawful training
institutions.
2.
Contractors being foreign organizations and individuals conducting construction
activities in Vietnam shall comply with the law on bidding and must possess
operation licenses granted by state management agencies in charge of
construction.
3.
Holders of titles and individuals independently practicing construction
activities who are required to possess practice certificates include labor safety
supervisor; project manager, individual personally participating in project
management; construction planning design manager; construction survey manager;
construction design or design verification manager; site chief commander;
construction supervisor; construction appraiser; and construction valuator.
Practice certificates shall be classified into class I, class II and class III.
4.
Organization conducting construction activities shall be classified into class
I, class II and class III and assessed and granted capability certificates by
competent state agencies. The Ministry of Construction shall grant class-I
capability certificates; provincial-level Construction Departments shall grant
class-II and class-III capability certificates. Organizations conducting
construction activities shall register appropriate business lines in accordance
with law.
5. The
Government shall detail capability conditions for organizations and individuals
conducting construction activities; conditions, competence, order and
procedures for licensing operations of contractors being foreign organizations
and individuals; program, contents, forms of holding tests to grant practice
certificates and capability certificates of organizations, and conditions on
professional construction training and retraining institutions.
Article
149. Construction practice certificates
1.
Construction practice certificate is a document certifying practice capability
granted by a competent agency to individuals prescribed in Clause 3, Article
148 of this Law who have adequate professional qualifications relevant to and
experiences about the field of practice.
2. To be
granted a construction practice certificate, an individual must meet the
following conditions:
a/
Possessing professional qualifications relevant to the content of application
for a practice certificate;
b/
Having a working period and experience relevant to the content of application
for a practice certificate;
c/
Having passed a test on professional experience and legal knowledge related to
the field of practice.
3. The
competence to hold tests and grant construction practice certificates is
prescribed as follows:
a/
Specialized agencies of the Ministry of Construction are competent to hold
tests and grant class-I construction practice certificates;
b/
Provincial-level Construction Departments and socio-professional organizations
that have all the conditions prescribed by the Government are competent to hold
tests and grant construction practice certificates of the remaining classes.
Article
150. Conditions on construction planning designing organizations
1.
Having full relevant capability conditions for making construction planning
designs.
2.
Individuals holding the title of construction plan design manager must possess
practice and capability certificates relevant to each type of construction
plan.
Article
151. Conditions on organizations formulating and verifying construction
investment projects
1. Having full construction capability conditions suitable
to the formulation or verification of construction investment projects.
2. Individuals holding the title of project formulation or
verification manager; individuals participating in project formulation or
verification must have practice capabilities relevant to each type of
construction investment project. Participants must have full project
formulation practice capabilities meeting requirements of construction
investment projects.
Article
152. Conditions on construction investment project management consultancy
organizations and construction investment project management units
1. Construction investment project management consultancy
organizations must meet the following conditions:
a/ Having full construction capability conditions suitable
to project management work according to sizes and types of projects;
b/ Individuals holding the title of project manager,
individuals personally participating in project management must have relevant
qualifications, training certificates, working experiences and practice
certificates relevant to sizes and types of projects.
2. Construction investment project management units must
meet the following conditions:
a/ Possessing the establishment decision issued by a
competent agency or organization, for specialized construction investment
project management units and regional construction investment project
management units or project owners for project management units they have
established;
b/ Having full construction capability conditions suitable
to project management work according to sizes and types of project;
c/ Having an organizational structure meeting project
management requirements; having a fixed working office;
d/ Individuals holding the title of project manager,
individuals personally participating in project management must possess
relevant qualifications, training certificates, working experiences and
practice certificates relevant to sizes and types of projects.
Article 153. Conditions on construction survey
organizations
1. Possessing adequate construction survey capabilities.
2. For every construction survey task, there must be a
construction survey manager appointed by the construction survey contractor. A
construction survey manager must have full construction survey capabilities and
relevant practice certificates. Individuals participating in each construction
survey job must have qualifications relevant to the assigned job.
3. Machinery and equipment serving construction survey must
meet quality requirements and ensure safety for survey and environmental
protection activities.
4. Laboratories serving construction survey must satisfy
prescribed standards and shall be accredited by competent state management
agencies.
Article
154. Conditions on construction designing and design-verifying organizations
1. Having full capability conditions for work construction
designing and verifying work construction designs.
2. Individuals holding the title of design manager must
have construction designing practice capabilities and practice certificates
relevant to requirements of each type and grade of work.
Article
155. Conditions on construction supervision and testing consultancy
organizations
1. Having full capability conditions suitable to
construction supervision and testing.
2. Individuals engaged in construction supervision and
testing consultancy must possess practice certificates relevant to performed
jobs.
Article 156. Conditions on construction investment cost
management consultancy organizations
1. Having full capability conditions suitable to
construction investment cost management.
2. Individuals in charge of estimating, verifying and
managing construction investment costs must possess construction valuation
practice certificates.
Article 157. Conditions on work construction organizations
1. Having full work construction capabilities corresponding
to types and grades of construction works.
2. Site chief commanders must possess construction practice
capabilities and relevant practice certificates.
3. Having construction equipment meeting requirements on
construction safety and quality.
Article 158. Conditions on independent practitioners
Individuals
independently practicing construction plan designing, construction survey, work
construction designing, construction survey supervision, work construction
supervision or construction valuation must meet the following conditions:
1.
Having registered operations in the fields relevant to the practicing content;
2.
Possessing practice and capability certificates relevant to performed jobs.
Article 159. Management and supervision of construction
capabilities
1.
Organizations engaged in construction activities shall register information
about their construction capabilities with the Ministry of Construction and
provincial-level Construction Departments of localities where their head
offices are located.
2. Independent
construction practitioners shall register information about their practice
capabilities with provincial-level Construction Departments of localities where
they permanently reside.
3. The
Ministry of Construction and provincial-level Construction Departments shall
guide the registration of information about construction capabilities of
organizations and practice capabilities of individuals on the websites under
their respective management; examine and handle violations in the observance of
regulations on capability conditions by project owners, organizations and
individuals engaged in construction activities.
4.
Project owners shall examine and asses the declaration of construction
capabilities and practice capabilities of bidders against requirements of
bidding packages and information about construction capabilities registered
under this Article.
RESPONSIBILITIES OF STATE AGENCIES TO MANAGE
CONSTRUCTION INVESTMENT ACTIVITIES
Article
160. Contents of state management of construction investment activities
1. Formulating, and directing the implementation of,
strategies, schemes, master plans and plans on development of the construction
market and capacity of the construction sector.
2. Promulgating, and organizing the implementation of,
legal documents on construction.
3. Formulating and promulgating construction standards and
technical regulations.
4. Organizing and managing construction planning, project
management and appraisal and construction designing; promulgating and
announcing construction norms and prices;
5. Guiding, examining and assessing the quality management
of construction works; managing construction investment costs and construction
contracts; managing construction capabilities; managing bidding work in
construction activities; managing occupational safety and sanitation and
environmental protection in construction activities.
6. Granting and revoking permits and certificates in
construction investment activities.
7. Examining, inspecting and settling complaints and
denunciations and handling violations in construction investment activities.
8. Organizing scientific and technological research and
application in construction and dissemination of knowledge and law about
construction.
9. Training human resources for construction investment
activities.
10. Managing and providing information to serve
construction investment activities.
11. Managing and archiving construction work dossiers.
12. Carrying out international cooperation in construction
activities.
Article 161. Responsibilities of the Government
1. To unify the state management of construction investment
activities nationwide; to direct the formulation and implementation of
strategies and plans; to promulgate legal documents on construction.
2. To direct ministries, sectors and localities in
implementing the law on construction; to assign and decentralize the state
management to ministries, sectors and localities; to direct the settlement of
important issues, complicated problems and difficulties in the course of
management of construction investment activities.
Article 162. Responsibilities of the Ministry of
Construction
The Ministry of Construction shall take responsibility
before the Government for performing the unified state management of
construction investment activities and has the following responsibilities:
1. To assume the prime responsibility for formulating and
submitting to the Government and the Prime Minister legal documents,
strategies, schemes, master plans and plans on development of the construction
market and capacity of the construction sector.
2. To promulgate, and organize the implementation of, legal
documents on construction according to its competence; to promulgate national
technical regulations on construction and documents on construction techniques
according to its competence.
3. To organize and manage construction planning, project
management activities and appraisal of construction projects and designs; to
promulgate and publicize construction norms and prices.
4. To direct, guide, examine and assess the quality
management of construction works; to monitor, examine and propose the handling
of quality and safety of national important works, large works and technically
complex works in the process of construction, operation and use; to manage
construction investment costs and construction contracts; to manage
construction capabilities; to manage bidding work in construction activities;
to organize, consider and approve quality prizes for construction works.
5. To grant, re-grant, adjust, extend and withdraw licenses
and certificates in construction investment activities according to its
competence.
6. To examine, inspect and settle complaints and
denunciations and handle violations in construction investment activities.
7. To organize scientific and technological research and
application in construction and dissemination of knowledge and law about
construction.
8. To organize construction professional training and
retraining for cadres and civil servants of state management agencies in charge
of construction.
9. To guide, examine and assess the management of safety,
labor sanitation and environment in the construction of works.
10. To coordinate with related ministries, sectors and
localities in examining and evaluating the implementation of projects.
11. To manage and provide information to serve construction
investment activities.
12. To manage and archive construction work dossiers.
13. To carry out international cooperation in construction
activities.
14. To perform other tasks related to construction
investment activities assigned by the Government.
Article 163. Responsibilities of ministries and
ministerial-level agencies
1. Within the scope of their powers, ministries managing
specialized construction works shall:
a/ Coordinate with the Ministry of Construction in
performing the state management of construction investment activities and take
responsibility for managing the quality of specialized construction works in
accordance with this Law;
b/ Study, promulgate, guide and examine the implementation
of, specialized regulations, standards and economic-technical norms after
consulting the Ministry of Construction; organizing professional training and
retraining in construction investment for cadres and civil servants of attached
agencies and units;
c/ Monitor, examine and summarize the supervision and
assessment of the construction of specialized works under their management in
accordance with law;
d/ Coordinate with and support ministries, agencies and
related organizations and People’s Committees of all levels in the process of
implementation of specialized construction investment projects in issues under
their management.
2. Ministries and ministerial-level agencies shall:
a/ Perform the state management functions according to
their assigned tasks and powers; promulgate documents according to their
competence; direct the implementation of construction master plans and
construction investment plans; organize the provision of guidance, examination
and handling of violations in construction investment activities;
b/ Coordinate with the Ministry of Construction and other
agencies and organizations and People’s Committees of all levels in the process
of implementing construction investment activities in issues under their
assigned management;
c/ Summarize the situation of, implementing, supervising
and assessing construction investment activities and take responsibility for
managing the quality of construction works under their assigned management;
d/ Send periodical and annual reports on the management of
their construction investment activities to the Ministry of Construction for
summarization and monitoring;
dd/ Perform other tasks prescribed by law.
Article 164. Responsibilities of People’s Committees at all
levels
1. Provincial-level People’s Committees shall:
a/ Perform the state management functions according to
their assigned tasks and powers; promulgate documents according to their
competence; direct the implementation of construction master plans and
construction investment plans; organize the provision of guidance, examination
and handling of violations in construction investment activities;
b/ Coordinate with and support ministries, agencies and
related organizations and People’s Committees of all levels in the process of
implementation of specialized construction investment projects in issues under
their management;
c/ Send periodical and annual reports on the management of
their construction investment activities to the Ministry of Construction for
summarization and monitoring;
d/ Organize professional training and retraining in
construction investment for cadres and civil servants of attached agencies and
units;
dd/ Perform other tasks as prescribed by law.
2. District-and commune-level People’s Committees shall:
a/ Perform the state management of construction investment
activities in their localities as decentralized; organize professional training
and retraining in construction investment for cadres and civil servants of
attached agencies and units;
b/ Coordinate with and support People’s Committees of
higher levels in the implementation, monitoring, examination and supervision of
construction investment projects in localities under their management. Take
responsibility for managing the quality of construction works issues under
their assigned management;
c/ Send periodical and annual reports on the management of
construction investment activities in localities to People’s Committees of
higher levels for summarization and monitoring;
dd/ Perform other tasks as prescribed by law.
Article
165. Construction inspectorates
1. The construction inspectorates of the Ministry of
Construction and provincial-level Construction Departments shall perform the
functions of administration inspection and specialized inspection of
construction with regard to organizations and individuals conducting
construction activities.
2. The Ministry of Construction shall direct and organize
specialized inspection of construction investment activities nationwide.
Provincial-level Construction Departments shall organize specialized inspection
of construction investment activities in localities.
3. Specialized inspection of construction investment
activities covers:
a/ Inspection of the observance of law by agencies,
organizations and individuals in construction investment activities;
b/ Detection, stopping and handling of violations within
their competence or propose competent state agencies to handling violations of
the construction law.
4. The Government shall detail construction inspection.
Chapter X
IMPLEMENTATION
PROVISIONS
Article 166. Transitional
provisions
1. Construction investment projects which are approved
before this Law takes effect are not required to be re-approved, and their
unimplemented subsequent activities must comply with this Law.
2. Construction investment project management units of
single projects using state funds which are established before the date this
Law takes effect are not required to change their organizational form of
project management under Clauses 1 and 2, Article 62 of this Law.
3. Works that are constructed before the date this Law
takes effect and still exist in conformity with construction planning but
become architecturally inappropriate after site clearance shall be permitted to
exist in their original conditions; their renovation, repair and upgrade must
comply with this Law.
4. The Government shall detail Clause 1 of this Article.
Article
167. Effect
1. This
Law shall take effect on January 1, 2015.
2.
Construction Law No. 16/2003/QH11 and Article 1 of Law No. 38/2009/QH12
Amending and Supplementing a Number of Articles of Laws Concerning Capital
Construction Investment cease to be effective on the date this Law takes
effect.
Article
168. Detailing
The
Government and competent agencies shall detail the articles and clauses as
assigned in the Law.
This
Law was passed on June 18, 2014, by the XIIIth National Assembly of
the Socialist Republic of Vietnam at its 7th session.-
CHAIRMAN
OF THE NATIONAL ASSEMBLY
Nguyen Sinh Hung |