Pursuant to the Law on Government Organization dated June 19, 2015; Law on Amendments and Supplements to Certain Articles of the Law on Government Organization and Law on Local Government Organization dated November 22, 2019;

Pursuant to the Law on Construction dated June 18, 2014; Law on Amendments and Supplements to Certain Articles of the Law on Construction dated June 17, 2020;

Pursuant to the Law on Investment dated June 17, 2020;

Pursuant to the Law on Public Investment dated June 13, 2019;

Pursuant to the Law on Investment in the Form of Public-Private Partnership dated June 18, 2020;

Pursuant to the Law on Urban Planning dated June 17, 2009;

At the proposal of the Minister of Construction;

The Government hereby promulgates the Decree stipulating details on certain contents regarding management of construction investment projects.

CHAPTER I GENERAL PROVISIONS

Article 1. Scope of regulation

This Decree stipulates details for implementing certain contents of the Law on Construction 2014 and the Law on Amendments and Supplements to Certain Articles of the Law on Construction 2020 (hereinafter referred to as Law No. 62/2020/QH14) on management of construction investment projects, including: formulation, appraisal, approval of projects, construction designs; construction survey; issuance of construction permits and management of construction order; construction of special-purpose works and implementation of construction investment projects overseas; management of construction capacity; forms of management of construction investment projects.

Article 2. Subjects of application

1. This Decree applies to domestic agencies, organizations and individuals; foreign organizations and individuals conducting construction investment activities in the territory of Vietnam.

2. Domestic organizations and individuals conducting construction investment activities overseas shall comply with the specific provisions in Section 2, Chapter V of this Decree and other relevant legal provisions.

3. For projects using official development assistance (ODA) capital, concessional loans from foreign donors, the provisions of this Decree and the laws on management and use of ODA capital and concessional loans of foreign donors shall apply; in case the provisions of the signed international treaty on ODA capital differ from the provisions of this Decree, the provisions of the international treaty shall apply.

Article 3. Interpretation of terms

1. Main works of a construction investment project are works with scales and functions that determine the objectives and investment scale of the project.

2. Works with major impacts on community safety and interests are works on the list specified in Appendix X to this Decree.

3. Route-based construction works are works constructed along routes in one or more administrative regions, such as: roads; railways; power transmission lines; telecommunication cable lines; oil, gas and water supply and drainage pipelines; headwork dams of irrigation and hydropower works; irrigation and drainage canals; dikes, embankments and other similar works.

4. Energy efficiency buildings are construction works that meet national criteria and standards on energy efficiency.

5. Resource efficiency buildings are construction works applying technical solutions for economical use and consumption of natural resources such as land, water, minerals and other natural resources.

6. Green buildings are construction works designed, constructed and operated to meet criteria and standards on efficient energy use, resource conservation; ensuring comfort and quality of the living environment inside the works and protecting the environment outside the works.

7. National important projects under the provisions of the Law on Construction and this Decree include: national important projects according to the criteria prescribed by the law on public investment; projects whose investment policy is decided by the National Assembly in accordance with the law on investment in the form of public-private partnership; projects whose investment policy is approved by the National Assembly in accordance with the law on investment.

8. Large-scale construction investment projects using other capital requiring appraisal of the Feasibility Study Report on construction investment at the specialized agency in charge of construction, include: Group A construction investment projects according to the criteria prescribed by the law on public investment; construction investment projects whose investment policy is approved by the National Assembly or the Prime Minister; housing and urban area construction investment projects required to carry out procedures for approving the investment policy in accordance with the law on investment.

9. Construction investment projects using state capital outside of public investment are construction investment projects using state capital as prescribed by the law on bidding but not including public investment capital as prescribed by the law on public investment.

10. Construction operation license is a license issued by a competent Vietnamese state agency to a foreign contractor for each contract after winning the bid in accordance with Vietnamese law.

11. Front-end engineering design, hereinafter referred to as FEED design, is a design stage prepared according to international practices for projects with technological design after the construction investment project is approved to specify requirements on technological lines, technical specifications of main equipment and materials, construction solutions to serve the preparation of bidding documents for selecting contractors under EPC contracts or according to specific requirements for implementing the next design stage.

12. Foreign contractor is a foreign organization or individual with civil legal capacity; for individuals, they must also have civil act capacity to sign and perform contracts. The civil legal capacity and civil act capacity of foreign contractors are determined according to the laws of the country of which the contractors are nationals. A foreign contractor can be a general contractor, main contractor, joint venture contractor, or subcontractor.

13. Chief is the title of an individual assigned by an organization to manage and coordinate the implementation of all consulting work involving various specialties, including: chief of construction planning design; chief of construction survey; chief of design, design verification of construction works.

14. Leader is the title of an individual assigned by an organization to be in charge of performing work according to professional fields, including: leader of construction planning design; leader of design, design verification of construction works; leader of construction inspection; leader of preparation, appraisal and management of construction investment costs.

15. Chief supervisor is the title of an individual assigned by a construction supervision organization to manage and direct the supervision of construction of a specific work or bidding package.

16. Commander-in-chief or project director of the contractor (hereinafter collectively referred to as commander-in-chief) is the title of an individual assigned by a construction organization to manage and direct construction activities for a specific work or bidding package.

17. Project management director is the title of an individual assigned by the Director of a specialized construction investment project management unit, regional construction investment project management unit, the legal representative of a project management consulting organization, the legal representative of the investor (in case the investor uses its affiliated specialized apparatus or establishes a construction investment project management unit for a project) to manage and coordinate the project management for a specific construction investment project.

18. Requester of appraisal means the investor or the agency, organization or individual assigned by the investment decision-maker or a competent state agency to prepare the project in case the investor has not been identified to submit the feasibility study report on construction investment, construction design for appraisal.

19. Practice certificate code is an 8-digit number used to manage the construction operation practice certificate of an individual. Each individual participating in construction activities when applying for a practice certificate for the first time as prescribed in this Decree is issued a practice certificate code. The practice certificate code does not change when the individual applies for re-issuance or adjustment and supplementation of the contents of the issued practice certificate.

20. Capacity certificate code is an 8-digit number used to manage the construction operation capacity certificate of an organization. Each organization participating in construction activities when applying for a capacity certificate for the first time as prescribed in this Decree is issued a capacity certificate code. The capacity certificate code does not change when the organization applies for re-issuance or adjustment and supplementation of the contents of the issued capacity certificate.

Article 4. Construction investment process

1. The construction investment process specified in Clause 1, Article 50 of the Law on Construction 2014 is specifically prescribed as follows:

a) The project preparation stage includes the following tasks: construction survey; formulation, appraisal of the pre-feasibility study report, decision or approval of investment policy (if any); formulation, appraisal, approval of detailed construction planning for preparation of the feasibility study report on construction investment; formulation, appraisal of the feasibility study report for approval/decision on construction investment and implementation of other necessary tasks related to project preparation;

b) The project implementation stage includes the following tasks: site clearance, bomb and mine clearance (if any); construction survey; formulation, appraisal, approval of design and construction cost estimates; issuance of construction permit (for works required to have a construction permit as prescribed); selection of contractors and signing of construction contracts; construction of works; construction supervision; advance payment, payment for completed volume; operation, trial run; acceptance of completed construction works; handover of works for putting into use and other necessary tasks;

c) The construction completion stage includes the following tasks: Settlement of construction contracts, settlement of completed projects, certification of work completion, warranty of construction works, handover of relevant documents and other necessary tasks.

2. The process of implementing urgent construction investment projects shall comply with the provisions of Article 58 of this Decree. The process of implementing public-private partnership investment projects with construction components (hereinafter referred to as PPP projects) shall comply with the law on investment in the form of public-private partnership. For the remaining projects, depending on the specific conditions and technical requirements of the project, the investment decision-maker shall decide the sequential or concurrent implementation process for the tasks specified at Points b and c, Clause 1 of this Article, in accordance with the contents of the project approval decision.

3. Depending on the nature of the project and specific conditions, compensation, support and resettlement shall be carried out at the project preparation stage or project implementation stage, ensuring compliance with the order and procedures prescribed by the law on land.

Article 5. Classification of construction investment projects

Construction investment projects are classified according to the provisions of Article 49 of the Law on Construction 2014, which is amended and supplemented according to the provisions of Clause 8, Article 1 of Law No. 62/2020/QH14, and are specifically prescribed for managing construction activities under the provisions of this Decree as follows:

1. Based on the service function of the project, the specialized nature and management purpose of the works under the project, construction investment projects are classified according to the provisions of Appendix IX to this Decree.

2. Based on the capital source used and the form of investment, construction investment projects are classified into: projects using public investment capital, projects using state capital outside public investment, PPP projects and projects using other capital. Construction investment projects using mixed capital from many of the above-mentioned sources are classified for management under the provisions of this Decree as follows:

a) Projects using mixed capital with the participation of public investment capital shall be managed in accordance with the provisions for projects using public investment capital; PPP projects using public investment capital shall be managed in accordance with the law on PPP;

b) Projects using mixed capital including state capital outside public investment and other capital: in case the proportion of state capital outside public investment is greater than 30% or over VND 500 billion in the total investment, they shall be managed according to the provisions for projects using state capital outside public investment; in other cases, they shall be managed according to the provisions for projects using other capital.

3. Except for cases where the investment decision-maker requires the preparation of a feasibility study report on construction investment, construction investment projects only requiring the preparation of an economic-technical report on construction investment include:

a) Construction investment projects used for religious purposes;

b) New construction, repair, renovation or upgrade investment projects with a total investment of less than VND 15 billion (excluding land use fees);

c) Construction investment projects whose main contents are procurement of goods, provision of services, installation of works equipment or repair and renovation projects that do not affect the load-bearing safety of the works with a construction cost value of less than 10% of the total investment and not exceeding VND 5 billion (except for national important projects, Group A projects, projects invested in the form of public-private partnership).

Article 6. Application of Building Information Modeling and digital technology solutions

1. The application of Building Information Modeling (hereinafter referred to as BIM) and digital technology solutions in construction activities and operation management of works is encouraged. The investment decision maker shall decide on the application of BIM and digital technology solutions when approving construction investment projects.

2. BIM files are a component of the construction design dossier and the work completion dossier for projects and construction works applying BIM. The content and level of detail of the building information model shall be implemented according to the agreement of the parties involved in the application of BIM in the construction contract.

3. The Prime Minister shall prescribe the roadmap for applying BIM and digital technology solutions in construction activities.

Article 7. Energy efficient buildings, resource efficient buildings and green buildings

1. When investing in the construction of works, there must be technical solutions and management measures to efficiently use energy, conserve resources, and protect the environment.

2. The State encourages the construction, development, assessment and certification of energy efficient buildings, resource efficient buildings, and green buildings.

3. The development of the works mentioned in Clause 2 of this Article shall be implemented according to the policies, plans and application roadmap prescribed by the Prime Minister.

4. The Minister of Construction shall organize the formulation of standards specifying criteria and procedures for evaluating and certifying energy efficient buildings, resource efficient buildings, and green buildings.

Article 8. Regulations on application of international standards, regional standards, foreign standards (collectively referred to as foreign standards); internal standards; new materials and technologies in construction activities

1. The selection and application of foreign standards and internal standards must comply with the provisions of the Law on Construction and other relevant legal provisions.

2. In case of applying foreign standards:

a) The construction design explanation or technical instructions (if any) must have an assessment of compatibility, synchronization and compliance with national technical regulations;

b) Prioritize the use of widely recognized and applied foreign standards.

3. In case of applying internal standards:

a) When applying internal standards, there must be an explanation of compliance with national technical regulations and compatibility and synchronization with relevant standards;

b) The announcement of internal standards must strictly comply with the regulations and procedures prescribed in other relevant laws.

4. The use of new materials and technologies applied for the first time must comply with national technical regulations, be compatible with relevant standards, and ensure feasibility, sustainability, safety and efficiency.

CHAPTER II FORMULATION, APPRAISAL, APPROVAL OF PROJECTS, MANAGEMENT OF CONSTRUCTION INVESTMENT PROJECTS

SECTION 1. FORMULATION, APPRAISAL, APPROVAL OF CONSTRUCTION INVESTMENT PROJECTS

Article 9. Formulation of pre-feasibility study report on construction investment

1. The formulation of pre-feasibility study reports for consideration, decision or approval of construction investment policy shall be implemented in accordance with Clause 2, Article 52 of the Law on Construction 2014, which is amended and supplemented according to the provisions of Clause 10, Article 1 of Law No. 62/2020/QH14.

2. The preliminary design plan of the pre-feasibility study report on construction investment is presented in the explanation and drawings, including the following contents:

a) Preliminary design drawings include: Diagram of the location and area of the construction land; preliminary general plan of the project; drawings showing the preliminary design solution of the main works of the project;

b) Explanation of the scale and nature of the project; current status and boundaries of the land area; explanation of the conformity with the planning (if any), traffic connectivity, and technical infrastructure surrounding the project; explanation of the preliminary design solution;

c) Preliminary drawings and explanations of technological lines and technological equipment (if any).

3. The formulation of the preliminary total investment of the pre-feasibility study report on construction investment shall comply with the Government’s regulations on management of construction investment costs.

4. The contents of the pre-feasibility study report specified in Article 53 of the Law on Construction 2014 are amended and supplemented according to the provisions of Clause 11, Article 1 of Law No. 62/2020/QH14, in which, according to the requirements of each project, the explanation of the pre-feasibility study report needs to have some specific contents as follows:

a) Meeting the conditions to be an investor of the project as prescribed by relevant laws (if any) in case of approving the investment policy and simultaneously approving the investor;

b) Estimated area of rice land, protection forest land, special-use forest land needed to be converted for the construction investment project (if any);

c) For urban area and housing projects, there must be an explanation of the project’s implementation to meet the objectives and orientations of urban development, housing development programs and plans of the locality in each period (if any); preliminary structure of housing products and allocation of land fund for social housing development; preliminary plan for investment in construction and management of urban infrastructure in the project and connection with infrastructure outside the project scope for urban area projects.

Article 10. Appraisal of pre-feasibility study report on construction investment

1. The appraisal of pre-feasibility study reports in the dossier requesting approval of investment policy shall comply with the law on investment; the appraisal of pre-feasibility study reports of public investment projects and PPP projects shall comply with the law on public investment and the law on investment in the form of public-private partnership.

2. After the project is decided or approved for investment policy by a competent state agency in accordance with Clause 1 of this Article, the investor or the agency or organization assigned to prepare the project shall complete the pre-feasibility study report on construction investment as a basis for implementing the next steps in accordance with relevant laws.

Article 11. Contents of feasibility study report on construction investment

1. The contents of the feasibility study report on construction investment shall be implemented in accordance with Article 54 of the Law on Construction 2014, which is amended and supplemented in Clause 12, Article 1 of Law No. 62/2020/QH14.

2. For housing and urban area investment projects, the feasibility study report on construction investment must clearly explain the following contents:

a) The conformity of the investment project with the approved housing development programs and plans of the locality (if any);

b) Total housing construction floor area; the proportion and number of housing types (villas, townhouses, apartments) and the compatibility of the number of housing types with the approved population criteria;

c) Land area reserved for construction of social housing in accordance with the law on housing;

d) Plan for trading housing products and other products of the project;

dd) Conformity with urban development orientations and approved urban development programs (if any); plan for construction and completion of technical infrastructure works before housing exploitation (if any), social infrastructure works and other works in the project; plan and list of areas or works and public services to be handed over in case of handover to the State;

e) Investment phasing plan to ensure synchronization requirements for projects consisting of many construction works implemented over a long time with investment phasing requirements;

g) For urban areas without housing, the provisions at points a, b, c and d of this clause are not required.

Article 12. Appraisal of feasibility study reports and economic-technical reports on construction investment by the investment decision maker

1. The appraisal of feasibility study reports of national important projects using public investment capital shall comply with the law on public investment.

2. The appraisal council or unit assigned to appraise PPP projects shall appraise the feasibility study report of PPP projects in accordance with the law on investment in the form of public-private partnership, summarize the appraisal results of the specialized agency in charge of construction as prescribed in this Decree, and submit them to the competent authority for consideration and approval of the project.

3. For projects not falling under the cases specified in Clauses 1 and 2 of this Article, the investment decision maker shall assign a specialized agency directly under it or an organization or individual with appropriate expertise corresponding to the nature and content of the project when there is no specialized agency directly under it to act as the lead agency for appraising the feasibility study report and the economic-technical report on construction investment. The investment decision maker may assign the specialized agency in charge of construction to act as the lead agency for appraisal in case there is a specialized agency in charge of construction directly under it.

4. The requester of appraisal is responsible for preparing the dossier for submission of the feasibility study report on construction investment and the economic-technical report on construction investment, and submitting the dossier to the lead agency for appraisal as prescribed in Clause 3 of this Article for organizing the appraisal.

5. According to the specific requirements of each project, the investor or the agency assigned to prepare the project must carry out the procedures and requirements in accordance with relevant laws at the project preparation stage, and submit them to the lead agency for appraisal as a basis for considering and appraising the feasibility study report on construction investment, including:

a) Written agreement on power supply, water supply, wastewater drainage, traffic connection, other written agreements on infrastructure connection (if any);

b) Written approval of the work height in accordance with the Government’s regulations on management of aviation obstacle height and management zones and protection of airspace in Vietnam (if any);

c) Appraisal results for projects on preservation, restoration and renovation of historical-cultural relics and scenic spots in accordance with the law on cultural heritage;

d) Written approval or opinions on fire prevention and fighting solutions in accordance with the law on fire prevention and fighting;

dd) Results of implementing procedures on environmental impact assessment in accordance with the law on environmental protection;

e) Notification of the appraisal results of the feasibility study report by the specialized agency in charge of construction;

g) Results of implementing other procedures as prescribed by relevant laws.

6. The lead agency for appraisal is responsible for organizing the appraisal of the contents specified in Article 57 of the Law on Construction 2014, which is amended and supplemented in Clause 14, Article 1 of Law No. 62/2020/QH14, in which some contents are specifically prescribed as follows:

a) The lead agency for appraisal is responsible for examining the implementation of the requirements of relevant laws as prescribed in Clause 5 of this Article;

b) For projects using technology with restricted transfer or having adverse impacts on the environment using technology, the lead agency for appraisal shall send the dossier to the competent state agency for appraisal or for opinions on technology in accordance with the law on technology transfer, Articles 16 and 17 of this Decree;

c) The determination of the total investment of the project shall comply with the Government’s regulations on management of construction investment costs.

7. The lead agency for appraisal shall summarize the appraisal results of the specialized agency in charge of construction; opinions of agencies performing management functions of related sectors and fields (if any), and submit them to the investment decision maker for approving the project and deciding on construction investment.

Article 13. Appraisal of feasibility study reports on construction investment by specialized agencies in charge of construction

The appraisal of feasibility study reports shall be carried out for the entire project, each component project, each construction work or some construction works according to the implementation stages and investment phases of the project, but must ensure consistency and synchronization among the appraisal results and be suitable with the project progress in the decision or approval of investment policy of the project. Except for national important projects using public investment capital and projects whose investment policy is decided by the National Assembly in accordance with the law on investment in the form of public-private partnership, the authority to appraise feasibility study reports of specialized agencies in charge of construction is prescribed as follows:

1. For construction investment projects using public investment capital, the specialized agency in charge of construction shall appraise projects under specialized management according to the provisions of Article 109 of this Decree, specifically:

a) The specialized agency in charge of construction under the Ministry managing specialized construction works shall appraise projects assigned by the Prime Minister; Group A projects; Group B projects decided by the head of the central agency of political organizations, the Supreme People’s Procuracy, the Supreme People’s Court, the State Audit Office, the Office of the President, the Office of the National Assembly, ministries, ministerial-level agencies, Government-attached agencies, the central agency of the Vietnam Fatherland Front and socio-political organizations (hereinafter referred to as central agencies) for investment or decentralized or authorized for investment decision; projects invested in construction in the administrative boundaries of 02 or more provinces; Group C projects under specialized management, decided by the Ministry managing specialized construction works (to which this specialized agency in charge of construction is affiliated) for investment or decentralized or authorized for investment decision; except for projects specified at Point c of this Clause;

b) The specialized agency in charge of construction under the Provincial People’s Committee shall appraise projects invested in construction in the administrative boundaries of the province; except for projects specified at Point a of this Clause and projects requiring the preparation of economic-technical reports on construction investment;

c) The specialized agency in charge of construction under the People’s Committees of Hanoi and Ho Chi Minh City shall appraise projects decided by the Chairperson of the municipal People’s Committee for investment or decentralized or authorized for investment decision.

2. For construction investment projects using state capital outside of public investment, the specialized agency in charge of construction shall appraise projects of Group B or higher, projects with works having major impacts on community safety and interests under specialized management according to the provisions of Article 109 of this Decree, specifically:

a) The specialized agency in charge of construction under the Ministry managing specialized construction works shall appraise projects whose investment policy is approved by the National Assembly or the Prime Minister; Group A projects; Group B projects decided by the head of central agencies, the head of state economic groups, state corporations established by the Prime Minister’s decision (hereinafter referred to as state economic groups, state corporations) for investment or decentralized or authorized for investment decision; projects with special-grade or grade-I works; projects invested in construction in the administrative boundaries of 02 or more provinces; Group C projects under specialized management, decided by the Ministry managing specialized construction works (to which this specialized agency in charge of construction is affiliated) for investment or decentralized or authorized for investment decision; except for projects specified at Point c of this Clause;

b) The specialized agency in charge of construction under the Provincial People’s Committee shall appraise projects invested in construction in the administrative boundaries of the province, except for projects specified at Points a of this Clause;

c) The specialized agency in charge of construction under the People’s Committees of Hanoi and Ho Chi Minh City shall appraise projects decided by the Chairperson of the municipal People’s Committee for investment or decentralized or authorized for investment decision.

3. For PPP projects, the specialized agency in charge of construction shall appraise projects under specialized management according to the provisions of Article 109 of this Decree, specifically:

a) The specialized agency in charge of construction under the Ministry managing specialized construction works shall appraise projects whose investment policy is decided by the Prime Minister; projects approved by the head of central agencies, the head of other agencies as prescribed by the law on investment in the form of public-private partnership or decentralized or authorized for project approval; projects with special-grade or grade-I works; projects invested in construction in the administrative boundaries of 02 or more provinces;

b) The specialized agency in charge of construction under the Provincial People’s Committee shall appraise PPP projects invested in construction in the administrative boundaries of the province, except for projects specified at Point a of this Clause.

4. For construction investment projects using other capital, the specialized agency in charge of construction shall appraise large-scale projects specified in Clause 8, Article 3 of this Decree, projects with works having major impacts on community safety and interests under specialized management according to the provisions of Article 109 of this Decree, specifically:

a) The specialized agency in charge of construction under the Ministry managing specialized construction works shall appraise projects whose investment policy is approved by the National Assembly or the Prime Minister; Group A projects; construction investment projects with special-grade or grade-I works; projects invested in construction in the administrative boundaries of 02 or more provinces;

b) The specialized agency in charge of construction under the Provincial People’s Committee shall appraise projects invested in construction in the administrative boundaries of the province; except for projects specified at Point a of this Clause.

5. For projects with mixed service functions, the appraisal authority of the specialized agency in charge of construction shall be determined according to the specialized management specified in Article 109 of this Decree for the service function of the main works of the project or the main works with the highest grade in case the project has many main works.

Article 14. Dossier submitted for appraisal of feasibility study reports on construction investment at specialized agencies in charge of construction

1. The requester of appraisal shall submit 01 set of dossier to the specialized agency in charge of construction for organizing the appraisal. The dossier submitted for appraisal may be sent directly or by post.

2. The dossier submitted for appraisal must ensure legality and be suitable with the contents requested for appraisal. The dossier submitted for appraisal shall be considered valid when it ensures the contents specified in Clause 3 of this Article, is in the correct format, presented in Vietnamese as the main language, and checked and certified by the requester of appraisal. The architectural design dossier in the construction design dossier (if any) must comply with the law on architecture.

3. The dossier submitted for appraisal of feasibility study reports on construction investment includes: Appraisal request according to Form No. 01 in Appendix I to this Decree, the feasibility study report dossier and other relevant documents and legal documents, specifically:

a) Document on the construction investment policy in accordance with the law on investment, public investment, investment in the form of public-private partnership;

b) Decision on selection of the architectural design plan through bidding as prescribed and the selected design plan (if required);

c) Document/decision on approval and attached drawings (if any) of one of the following types of planning: Detailed construction planning approved by a competent authority; other planning of a specialized technical nature as prescribed by the law on planning; plan for routes and locations of works approved by a competent state agency for route-based construction works; construction subdivision planning in case there is no requirement for detailed construction planning;

d) Document of opinions on fire prevention and fighting solutions of the basic design; document on results of implementing procedures on environmental impact assessment in accordance with the law on environmental protection (if required by the law on fire prevention and fighting, environmental protection);

The procedures on fire prevention and fighting and environmental protection shall be implemented according to the principle of concurrence, without requiring the mandatory submission of these documents at the time of submitting the dossier for appraisal, but the results must be sent to the specialized agency in charge of construction before the deadline for notifying the appraisal results. In case the investor requests to carry out procedures for obtaining opinions on fire prevention and fighting solutions of the basic design according to the one-stop-shop mechanism when appraising the feasibility study report on construction investment at the specialized agency in charge of construction, the investor shall additionally submit 01 set of dossier as prescribed by the law on fire prevention and fighting;

dd) Documents on agreement and confirmation on infrastructure connection of the project; document on approval of the work height in accordance with the Government’s regulations on management of aviation obstacle height and management zones and protection of airspace in Vietnam (in case the project is not in an area or subject required to obtain consensus on the management surface of work height at the stage of approving construction planning) (if any);

e) Other relevant legal documents (if any);

g) Approved construction survey dossier; explanation of the feasibility study report on construction investment; basic design or other design according to international practices serving the preparation of the feasibility study report on construction investment (including drawings and explanations); list of main standards applied to the project;

h) List of contractors with the capacity certificate codes of survey contractors, contractors preparing basic designs, appraisal contractors (if any); practice certificate codes of construction operation of the positions of chief of construction survey; chief and leader of design disciplines, preparation of total investment; chief and leader of appraisal;

i) For projects using public investment capital or state capital outside of public investment requiring the consideration of total investment, in addition to the above-mentioned contents, the dossier submitted for appraisal must include the following contents: total investment; information and data on prices and relevant norms for determining the total investment; price quotations and price appraisal results (if any).

Article 15. Appraisal process for feasibility study reports on construction investment at specialized agencies in charge of construction

1. The specialized agency in charge of construction is responsible for receiving and examining the completeness and validity of the dossier submitted for appraisal as prescribed in Article 14 of this Decree. Within 05 working days after receiving the appraisal dossier, the specialized agency in charge of construction shall:

a) Consider and send a written request for supplementing the dossier submitted for appraisal to the requester of appraisal (if necessary, the request for supplementing the dossier may only be made once during the appraisal process). In case it is necessary to obtain coordinated opinions from relevant agencies and organizations, the specialized agency in charge of construction shall request the requester of appraisal to supplement the dossier for the contents requiring opinions;

b) Return the appraisal dossier in the cases specified in Clause 2 of this Article;

c) Send a document to competent agencies on fire prevention and fighting to obtain opinions on fire prevention and fighting solutions of the basic design in case the investor so requests.

2. The specialized agency in charge of construction shall refuse to receive the dossier submitted for appraisal in the following cases:

a) The dossier is not submitted to the right appraisal authority of the specialized agency in charge of construction or the requester of appraisal does not have the right authority as prescribed in this Decree;

b) The project does not require appraisal at the specialized agency in charge of construction as prescribed;

c) The dossier submitted for appraisal does not ensure legality or is not valid as prescribed in this Decree;

d) For dossiers received by post that fall under the cases specified at Points a, b and c of this Clause, the specialized agency in charge of construction must have a document sent to the requester of appraisal clearly stating the reasons for refusing to carry out the appraisal.

3. Within 20 days from the date of receiving the request of the specialized agency in charge of construction, if the requester of appraisal does not supplement the dossier, the specialized agency in charge of construction shall suspend the appraisal, and the requester of appraisal shall re-submit the dossier for appraisal when requested.

4. The specialized agency in charge of construction is responsible for organizing the appraisal according to the one-stop-shop mechanism, ensuring the correct contents as prescribed in Clause 2, Article 58 of the Law on Construction 2014, which is amended and supplemented in Clause 15, Article 1 of Law No. 62/2020/QH14; ensuring the time as prescribed in Clause 2, Article 59 of the Law on Construction 2014, which is amended and supplemented in Clause 16, Article 1 of Law No. 62/2020/QH14.

5. During the appraisal process, the specialized agency in charge of construction has the right to temporarily suspend the appraisal (not more than once) and promptly notify the requester of appraisal of errors and mistakes in information and data in the dossier contents that make it impossible to make appraisal conclusions. In case the above-mentioned errors and mistakes cannot be rectified within 20 days, the specialized agency in charge of construction shall suspend the appraisal, and the requester of appraisal shall re-submit the dossier for appraisal when requested.

6. The appraisal results must include an assessment and conclusion on the level of meeting the requirements for each appraisal content specified in Clause 2, Article 58 of the Law on Construction 2014, which is amended and supplemented in Clause 15, Article 1 of Law No. 62/2020/QH14; requirements for the requester of appraisal, the investment decision maker, and the competent authority for PPP projects. The appraisal results shall be simultaneously sent to the local construction management agency for information and management.

The form of document notifying the appraisal results of feasibility study reports shall comply with Form No. 02 in Appendix I to this Decree.

7. The stamping and archiving of appraisal dossiers at the specialized agency in charge of construction shall be carried out as follows:

a) The dossier submitted for appraisal, after being revised and completed, shall be examined by the specialized agency in charge of construction, which shall stamp to certify the appraised contents on relevant drawings of 01 set of construction design drawing dossier. The form of appraisal stamp shall comply with Form No. 08 in Appendix I to this Decree. The drawings stamped with appraisal stamp shall be returned to the requester of appraisal; the requester of appraisal is responsible for archiving them in accordance with the law on archives and promptly meeting the requirements of the specialized agency in charge of construction when it is necessary to consider this archived dossier. The requester of appraisal is responsible for submitting copies (.PDF format) of the feasibility study report and construction design documents stamped with appraisal stamp to the specialized agency in charge of construction;

b) Upon completion of the appraisal, the specialized agency in charge of construction is responsible for archiving and preserving a number of documents, including: Appraisal request; conclusions of organizations and individuals participating in the appraisal; documents of comments from relevant agencies and organizations; notification of appraisal results; copies of documents stamped with appraisal stamp as prescribed at Point a of this Clause.

8. During the appraisal process, when necessary, the specialized agency in charge of construction may request the requester of appraisal to select organizations and individuals with sufficient capacity conditions to appraise the necessary contents for the appraisal, specifically as follows:

a) The selection of organizations and individuals to appraise construction designs shall be carried out in the form of direct contracting and according to the simplified direct contracting process prescribed by the law on bidding;

b) The consulting organization carrying out the appraisal must be independent in terms of legality and finance from the investor and consulting contractors preparing the construction design;

c) The drawings appraised must be stamped according to Form No. 08 in Appendix I to this Decree.

Article 16. Authority to appraise or give opinions on technology for construction investment projects using restricted transfer technology or construction investment projects with risks of adverse impacts on the environment using technology according to the Law on Technology Transfer

1. For projects using public investment capital:

a) The State Appraisal Council shall appraise technology for national important projects;

b) The Ministry managing the sector or field shall take lead in appraising technology for projects whose investment policy is decided by the Prime Minister, the head of central agencies, the head of state agencies, public non-business units managed by ministries or central agencies;

c) The specialized agency under the Provincial People’s Committee performing the function of advising the Provincial People’s Committee on state management of sectors or fields (hereinafter referred to as the specialized agency under the Provincial People’s Committee) shall take lead in appraising technology for projects whose investment policy is decided by the People’s Councils at all levels, the Chairperson of the People’s Committees at all levels, the head of state agencies, public non-business units managed by local authorities.

2. For construction investment projects using state capital outside of public investment:

a) The Ministry managing the sector or field shall take lead and coordinate with the Ministry of Science and Technology to give opinions on technology, relevant agencies and organizations for projects whose investment policy is approved by the National Assembly or the Prime Minister; Group A and B projects decided by the head of central agencies, state economic groups, state corporations for investment or decentralized or authorized for investment decision; projects with works having major impacts on community safety and interests of special grade or grade I; projects invested in construction in the administrative boundaries of 02 or more provinces; projects decided by the Ministry for investment;

b) The specialized agency under the Provincial People’s Committee shall take lead and coordinate with the specialized agency in charge of science and technology, relevant agencies and organizations to give opinions on technology for the remaining projects not falling under the cases specified at Point a of this Clause.

3. For projects using other capital:

a) The Ministry managing the sector or field shall take lead and coordinate with the Ministry of Science and Technology, relevant agencies and organizations to give opinions on technology for projects whose investment policy is approved by the National Assembly or the Prime Minister; Group A projects; projects with works having major impacts on community safety and interests of special grade or grade I or invested in construction in the administrative boundaries of 02 or more provinces;

b) The specialized agency under the Provincial People’s Committee shall take lead and coordinate with the specialized agency in charge of science and technology, relevant agencies and organizations to give opinions on technology for the remaining projects not falling under the cases specified at Point a of this Clause.

4. For PPP projects, the appraisal council or unit assigned to appraise PPP projects shall organize the appraisal of technology when appraising the feasibility study report in accordance with the law on investment in the form of public-private partnership.

Article 17. Order and procedures for appraising or giving opinions on technology for construction investment projects using restricted transfer technology or construction investment projects with risks of adverse impacts on the environment using technology

1. For national important projects using public investment capital, the order and procedures for appraising technology by the State Appraisal Council shall comply with the law on public investment.

2. For construction investment projects not falling under Clause 1 of this Article:

a) Within 05 working days from the date of receiving the complete project dossier, the lead agency for appraisal shall send a document requesting appraisal or opinions on technology together with the feasibility study report on construction investment and relevant legal documents to the agency competent to appraise or give opinions on technology. The contents of the feasibility study report on construction investment must include an explanation on technology in accordance with Clause 2, Article 16 of the Law on Technology Transfer 2017;

b) The agency competent to appraise or give opinions on technology shall organize the appraisal or give opinions on technology of the project in accordance with Clause 2, Article 19 and Article 20 of the Law on Technology Transfer 2017;

c) The time limit for appraising or giving opinions on technology is 30 days for projects whose investment policy is approved by the National Assembly, 20 days for Group A projects, 15 days for Group B projects, 10 days for Group C projects and projects only requiring the preparation of economic-technical reports on construction investment from the date of receiving the complete dossier; in case an extension of the time limit for giving opinions on technology is needed, the extension time shall not exceed the prescribed time limit for each type of project mentioned above. The agency competent to appraise or give opinions on technology shall notify the lead agency for appraisal of the extension in writing and clearly state the reasons;

d) In case the agency competent to appraise or give opinions on technology is also the lead agency for appraisal of the project, the time limit for appraising or giving opinions on technology shall be included in the time limit for appraising the feasibility study report on construction investment.

Article 18. Approval of projects, decision on construction investment

1. The lead agency for appraisal is responsible for summarizing the appraisal results and submitting them to the investment decision maker for approving the project and deciding on the investment. The authority to decide on construction investment shall comply with Article 60 of the Law on Construction 2014, which is amended and supplemented in Clause 17, Article 1 of Law No. 62/2020/QH14.

2. The approval of projects by competent authorities for PPP projects shall comply with the law on investment in the form of public-private partnership.

3. The decision on construction investment by the investment decision maker shall be expressed in the decision approving the construction investment project, including the following main contents:

a) Project name;

b) Investment decision maker; Investor;

c) Investment objectives and scale;

d) Consulting organization preparing the feasibility study report (economic-technical report) on construction investment, survey organization (if any); consulting organization preparing the basic design;

dd) Construction location and land area used;

e) Type and group of the project; type and grade of main works; design service life of main works;

g) Number of design steps, list of main standards selected;

h) Total investment; value of cost items in the total investment;

i) Project implementation progress, investment phases (if any), project operation duration (if any);

k) Investment capital sources and expected allocation of capital plans according to the project implementation progress;

l) Form of project management organization to be applied;

m) Requirements on resources, exploitation and use of resources (if any); plan for compensation, support and resettlement (if any);

n) Construction investment process for state secret works (if any);

o) Other contents (if any).

4. The form of decision approving construction investment projects for projects using public investment capital or state capital outside of public investment is prescribed in Form No. 03 of Appendix I to this Decree.

Article 19. Adjustment of construction investment projects

1. Construction investment projects using public investment capital or state capital outside of public investment shall be adjusted in the cases specified in Clause 1, Article 61 of the Law on Construction 2014, which is amended and supplemented in Clauses 18 and 64, Article 1 of Law No. 62/2020/QH14. The adjustment of PPP projects shall comply with the law on investment in the form of public-private partnership. The adjustment of projects using other capital shall comply with Clauses 3 and 4, Article 61 of the Law on Construction 2014.

2. For adjusted construction investment projects, the specialized agency in charge of construction shall appraise the adjusted feasibility study report in the following cases:

a) When the project adjustment involves changes in the land use objectives, scale, or construction investment scale;

b) When there are changes in the planning and architectural criteria of the project in the detailed construction planning, other specialized technical planning or the approved decision/investment policy;

c) When the adjustment leads to an increase in the total investment of the project for projects using public investment capital or state capital outside of public investment;

d) When there are changes in the arrangement of main functions in the work leading to the requirement for re-evaluation of design solutions to ensure construction safety, fire and explosion prevention and fighting, environmental protection, and compliance with technical regulations of the project.

3. The authority and order for appraising adjusted feasibility study reports on construction investment by the specialized agency in charge of construction shall comply with Articles 13, 14 and 15 of this Decree.

In case the project adjustment changes the project group or the grade of construction works of the project, the authority to appraise the adjusted feasibility study report on construction investment shall be determined according to the authority of the project group and work grade after adjustment.

4. The appraisal of adjusted feasibility study reports on construction investment by the specialized agency in charge of construction, the appraisal and approval of adjusted construction investment projects by the investment decision maker or the competent authority for PPP projects shall include the adjusted contents or all contents of the project after adjustment.

SECTION 2. ORGANIZATION OF MANAGEMENT OF CONSTRUCTION INVESTMENT PROJECTS

Article 20. Selection of management form for construction investment projects

1. For projects using public investment capital, the investment decision maker shall select the project management form specified in Clause 2, Article 62 of the Law on Construction 2014, which is amended and supplemented in Clause 19, Article 1 of Law No. 62/2020/QH14, specifically as follows:

a) The investment decision maker shall decide to apply the form of specialized construction investment project management unit or regional construction investment project management unit (hereinafter referred to as specialized project management unit or regional project management unit) based on the number and implementation progress of projects of the same specialty, the same route direction, in the same administrative area or according to the requirements of the capital sponsor;

b) In case the project management form specified at Point a of this Clause is not applied, the investment decision maker shall decide to apply the form of project management unit for a single project or the investor organizing the project management or hiring a project management consultant.

2. For projects using state capital outside of public investment or other capital, the investment decision maker shall decide on the project management form specified in Clause 1, Article 62 of the Law on Construction 2014, which is amended and supplemented in Clause 19, Article 1 of Law No. 62/2020/QH14, suitable with the management requirements and specific conditions of the project.

3. For projects using ODA capital or concessional loans from foreign donors, the form of project management organization shall be applied in accordance with the international treaty on ODA or agreement with the sponsor. In case the international treaty on ODA or agreement with the sponsor does not have specific provisions, the form of project management organization shall comply with this Decree.

4. For PPP projects, the project management form shall comply with Points a, b, c and d, Clause 1, Article 62 of the Law on Construction 2014, which is amended and supplemented in Clause 19, Article 1 of Law No. 62/2020/QH14, suitable with the management requirements, specific conditions of the project and the agreement in the project contract.

Article 21. Organization and operation of specialized construction investment project management units and regional construction investment project management units

1. The person deciding the establishment of specialized project management units and regional project management units shall decide on the number, functions, tasks, organizational structure and operation of specialized project management units and regional project management units to manage projects in accordance with the management requirements and specific conditions of the project.

2. The authority to establish and organize the operation of specialized project management units and regional project management units is prescribed as follows:

a) The head of central agencies, the Chairperson of the People’s Committee of the province or district shall establish specialized project management units and regional project management units to assign as investors of a number of projects and concurrently manage many projects using public investment capital under their management.

In case the General Director is decentralized or authorized by the Minister to decide on the investment of construction investment projects of the same specialty, route direction or in the same administrative area, depending on the number, scale of projects decentralized or authorized and the specific conditions for implementation, the Minister may assign the General Director to establish specialized project management units and regional project management units to manage the decentralized or authorized projects;

b) For projects using state capital outside of public investment or other capital, the authorized representative of the agency, organization or enterprise shall establish specialized project management units and regional project management units according to the management requirements and specific conditions of the project;

c) Specialized project management units and regional project management units established by competent agencies as prescribed at Point a of this Clause are public non-business units. The organizational structure of specialized project management units and regional project management units shall comply with Clause 5 of this Article.

3. The number of specialized project management units and regional project management units to be established shall be considered and decided by the person deciding the establishment, specifically as follows:

a) For ministries and central agencies: Specialized project management units and regional project management units shall be established in accordance with the specialties under the management sector or according to the requirements on construction of infrastructure and facilities in regions and areas. The organization of specialized project management units and regional project management units under the Ministry of National Defense and the Ministry of Public Security shall be considered and decided by the Minister to suit the specific requirements in management of sectors and fields;

b) For provinces: The Chairperson of the Provincial People’s Committee shall decide to establish specialized project management units and regional project management units to manage construction investment projects according to the specialties classified in Appendix IX to this Decree or according to the construction investment area;

c) For districts: The Chairperson of the District People’s Committee shall establish specialized project management units and regional project management units to manage construction investment projects decided by the District People’s Committee for investment and construction investment projects decided by the Commune People’s Committee for investment when required.

4. Specialized project management units and regional project management units may provide project management consulting for other projects or perform some consulting tasks based on ensuring the completion of assigned project management tasks and meeting the capacity conditions as prescribed when performing consulting tasks.

5. Specialized project management units and regional project management units shall be organized in accordance with their assigned functions and tasks, the number and scale of projects to be managed, and include the following main units:

a) The Board of Directors, project management directors and subordinate units to assist specialized project management units and regional project management units in performing the function of investor and the function of project management;

b) Project management directors of specialized project management units and regional project management units must meet the capacity conditions prescribed in Article 73 of this Decree; individuals in charge of professional fields must have practice certificates for construction supervision and construction cost estimation with grades suitable for the project group, work grade and assigned tasks.

6. The operating regulations of specialized project management units and regional project management units shall be considered and decided by the person deciding the establishment, in which the rights and responsibilities between the unit performing the investor function and the unit performing the project management profession must be clearly specified in accordance with the law on construction and other relevant laws.

Article 22. Project management unit for a single construction investment project

1. For construction investment projects not falling under the cases specified at Point a, Clause 1, Article 20 of this Decree or projects of a specific and separate nature, according to the contents of the decision approving the construction investment project, the investor shall establish a project management unit for a single construction investment project to organize the management of one or several construction investment projects under its management.

2. The project management unit for a single construction investment project is an organization under the investor, using a separate stamp, having the right to open an account at the State Treasury or commercial banks as prescribed to perform the project management tasks assigned by the investor; responsible before the law and the investor for its project management activities.

3. The project management director of the project management unit for a single construction investment project must meet the capacity conditions prescribed in Article 73 of this Decree; individuals in charge of professional fields must have practice certificates for construction supervision and construction cost estimation with grades suitable for the project group, work grade and assigned tasks.

4. The investor shall prescribe the functions, tasks, powers and organizational structure of the project management unit for a single construction investment project in accordance with Clause 2, Article 64 of the Law on Construction 2014.

5. The project management unit for a single construction investment project prescribed in this Article shall automatically dissolve after completing the project management work.

Article 23. Investor organizing project management

1. The investor shall use its legal status and affiliated specialized apparatus that have sufficient conditions and capacity to organize the management of construction investment projects. In case the conditions for implementation are not met, the investor may hire organizations or individuals with sufficient capacity conditions as prescribed in this Decree to participate in project management.

2. The project management director must meet the capacity conditions prescribed in Article 73 of this Decree, except for cases of managing construction investment projects requiring the preparation of economic-technical reports on construction investment.

3. Individuals participating in project management shall work on a full-time or part-time basis according to the investor’s decision and must have professional expertise suitable with the requirements of assigned tasks.

Article 24. Hiring consultants to manage construction investment projects

1. A project management consulting organization may undertake to perform part or all of the project management contents according to the contract signed with the investor.

2. The selected project management consulting organization must have a document notifying the tasks and powers of the representative and the direct project management apparatus sent to the investor and related contractors.

3. The investor is responsible for supervising the performance of the project management consulting contract, handling issues related to the project management consulting organization with contractors and local authorities during the project implementation.

4. The selection of consultants to manage construction investment projects must comply with the law on bidding for projects within the scope of regulation of the law on bidding.

CHAPTER III SURVEY, PREPARATION, APPRAISAL AND APPROVAL OF CONSTRUCTION DESIGNS

SECTION 1. CONSTRUCTION SURVEY

Article 25. Order of implementation of construction survey

1. Formulate and approve construction survey tasks.

2. Formulate and approve technical plans for construction survey.

3. Conduct construction survey.

4. Accept and approve construction survey results.

Article 26. Construction survey tasks

1. Construction survey tasks shall be formulated for survey work serving the formulation of construction investment projects, construction designs, designs for repair, renovation, expansion or upgrade of works, or serving other survey work related to construction activities.

2. Construction survey tasks shall be formulated by the design contractor. In case the design contractor has not been selected or in other survey cases, the investment decision maker, the investor or the competent agency to prepare PPP projects may hire organizations or individuals or assign affiliated organizations or individuals with sufficient capacity conditions to formulate and appraise construction survey tasks.

3. Construction survey tasks shall be assigned by the investor to the construction survey contractor through direct signing of the construction survey contract or assigned to the construction design contractor in case the design consulting contractor performs both construction survey and construction design.

4. The contents of construction survey tasks include:

a) Purpose of construction survey;

b) Scope of construction survey;

c) Requirements on application of technical standards and regulations on construction survey;

d) Preliminary volume of construction survey work items, construction survey cost estimates (if any);

dd) Time for conducting construction survey.

5. Construction survey tasks shall be amended and supplemented in the following cases:

a) During the construction survey, abnormal factors that may directly affect the design solution are detected or when there are changes in the design tasks requiring the supplementation of construction survey tasks;

b) During the design process, the design contractor detects that the construction survey tasks and construction survey reports do not meet the design requirements;

c) During the construction process, abnormal geological factors are detected, not meeting the survey tasks approved by the investor or the design consultant, which may affect the work quality and construction measures.

6. When formulating survey tasks at the next construction design step, it is necessary to consider the survey tasks and survey results implemented at the previous construction design step and related survey results previously implemented (if any).

Article 27. Technical plans for construction survey

1. The survey contractor shall formulate technical plans for construction survey in accordance with the construction survey tasks.

2. Contents of technical plans for construction survey:

a) Basis for formulating technical plans for construction survey;

b) Components and volume of construction survey work;

c) Survey methods, equipment and laboratories to be used;

d) Technical standards and regulations on construction survey to be applied;

dd) Organization of implementation and quality control measures of the construction survey contractor;

e) Implementation progress;

g) Measures to ensure safety for people, equipment, technical infrastructure works and other construction works in the survey area; measures to protect the environment, preserve the landscape in the survey area and restore the status quo after completing the survey.

3. The investor is responsible for examining or hiring a consulting unit with sufficient capacity conditions to appraise the technical plans for construction survey and approve the technical plans for construction survey according to the contract.

Article 28. Management of construction survey work

1. The survey contractor is responsible for arranging sufficient personnel with experience and expertise suitable for conducting the survey as prescribed in the construction contract; appointing a person with sufficient capacity conditions to be the chief of survey and organizing the implementation of quality control measures prescribed in the technical plans for construction survey.

2. Depending on the scale and type of survey, the investor may self-implement or hire an organization or individual with a practice capacity suitable for the type of survey to supervise the construction survey according to the following contents:

a) Examining the actual capacity of the construction survey contractor, including human resources, survey equipment at the site, laboratories (if any) to be used compared with the approved construction survey plans and provisions of the construction contract;

b) Monitoring and examining the implementation of construction survey, including: survey location, survey volume, survey implementation process, storage of survey data and test samples; laboratory and field testing; work to ensure labor safety and environmental safety during the survey implementation.

3. The investor has the right to suspend the survey work when detecting that the contractor does not properly implement the approved survey plans or the provisions of the construction contract.

Article 29. Contents of construction survey result reports

1. Basis for implementing construction survey.

2. Process and methods of construction survey.

3. Overview of the location and natural conditions of the construction survey area, characteristics, scale and nature of the works.

4. Volume of construction survey implemented.

5. Results and data of construction survey after testing and analysis.

6. Comments, notes and proposals (if any).

7. Conclusions and recommendations.

8. Attached appendices.

Article 30. Approval of construction survey result reports

1. The investor is responsible for approving construction survey result reports in writing or directly approving in the construction survey result reports. The investor has the right to request the design consulting contractor or hire a consulting unit with sufficient capacity conditions to examine the construction survey result reports before approving.

2. The survey contractor is responsible for the quality of construction survey performed by itself. The investor’s approval of construction survey result reports does not replace and does not reduce the responsibility for the quality of construction survey performed by the survey contractor.

3. The construction survey result report is a component of the work completion dossier and shall be archived as prescribed.

SECTION 2. CONSTRUCTION DESIGN

Article 31. Construction design steps

1. Depending on the scale and nature of the project, the number of construction design steps shall be determined in the decision approving the construction investment project.

2. The contents of each construction design step must meet the provisions of the law on construction and be suitable with the purposes and tasks of construction design set out for each construction design step.

3. For works implementing the construction design process from two or more steps, the design of the subsequent step must be consistent with the main contents and parameters of the design in the previous step. During the preparation of construction designs following the basic design, the investor may decide to adjust the design to meet the efficiency and usage requirements when not changing the objectives, functions, scale, and planning – architectural criteria in the detailed construction planning or the approved decision/investment policy.

4. The investor is responsible for organizing the formulation of construction designs, except for the construction design steps assigned to the construction contractor to formulate as prescribed in the contract.

5. The investor is responsible for organizing the appraisal and control of construction designs in accordance with Clause 1, Article 82 of the Law on Construction 2014, which is amended and supplemented in Clause 24, Article 1 of Law No. 62/2020/QH14.

Article 32. Construction design tasks

1. The investor shall formulate or hire an organization or individual with appropriate capacity to formulate construction design tasks.

2. Construction design tasks must be consistent with the investment policy and serve as a basis for formulating construction investment projects and construction designs. The investor may hire a consulting organization or experts to provide comments or appraise the design tasks when necessary.

3. The main contents of construction design tasks include:

a) Bases for formulating construction design tasks;

b) Objectives of work construction;

c) Work construction location;

d) Requirements on planning, landscape and architecture of the works;

dd) Requirements on the scale and service life of the works, use functions and other technical requirements for the works.

4. Construction design tasks shall be amended and supplemented to suit the actual conditions to ensure the efficiency of the construction investment project.

Article 33. Format of construction design dossiers

1. The format of construction design dossiers is prescribed as follows:

a) Construction design dossiers shall be prepared for each work, including: design explanation, calculation sheets, design drawings, relevant construction survey documents, work construction cost estimates, technical instructions and procedures for work maintenance (if any);

b) Construction design drawings must have sizes, scales and title blocks presented according to the standards applied in construction activities. In the title block of each drawing, there must be the name and signature of the direct designer, the design reviewer, the lead designer and the chief designer. The legal representative of the construction design contractor must certify the dossier and affix the seal of the construction design contractor in case the construction design contractor is an organization;

c) Explanations, construction design drawings and cost estimates must be bound into a dossier set according to a consistent format, with a list, numbered and symbolized for retrieval and long-term preservation;

d) The Minister of Construction shall organize the formulation of national standards on the format and contents of construction design dossiers corresponding to each construction design step.

2. Technical instructions are prescribed as follows:

a) Technical instructions are the basis for implementing construction supervision, construction and acceptance of construction works. Technical instructions shall be prepared by the construction design contractor or another consulting contractor hired by the investor. Approved technical instructions are a component of the bidding dossier for construction, serving as a basis for managing construction, supervising construction and accepting works;

b) Technical instructions must be consistent with the technical standards and regulations applied to the approved construction works and the requirements of construction designs;

c) The investor shall request the construction design contractor or another consulting contractor to separately prepare technical instructions for special-grade, grade-I and grade-II works. For the remaining works, technical instructions may be prepared separately or prescribed in the construction design explanation.

3. The construction design dossier is a component of the work completion dossier and must be archived in accordance with the Government’s regulations on quality management and maintenance of construction works and the law on archives.

Article 34. Management of construction design work

1. The construction design contractor is responsible for the quality of construction design performed by itself; the appraisal, verification and approval of construction designs by individuals, organizations, investors, investment decision makers or specialized agencies in charge of construction do not replace and do not reduce the responsibility of the construction design contractor for the quality of construction design performed by itself.

2. In case the construction design contractor acts as the general design contractor, this contractor must undertake the main design work of the works and be responsible for the entire performance of the contract with the client. Subcontractors are responsible for the progress and quality of construction design to the general contractor and before the law for the part of work they undertake.

3. During the construction design of works under national important projects, large-scale projects and projects with complex techniques, the construction design contractor has the right to propose to the investor to conduct experiments and simulated tests to examine and calculate the working capacity of the works in order to complete the construction design and ensure technical requirements and work safety.

4. After the construction design dossier is appraised and approved as prescribed, the investor shall examine the volume of work performed, the conformity of format and number of construction design dossier sets with the provisions of the construction contract and notify the acceptance of the construction design dossier in writing to the construction design contractor if the requirements are met.

SECTION 3. APPRAISAL AND APPROVAL OF CONSTRUCTION DESIGNS FOLLOWING THE BASIC DESIGN

Article 35. Appraisal of construction designs following the basic design

1. The investor shall organize the appraisal or the specialized agency under the investment decision maker shall conduct the appraisal (in case the investment decision maker organizes the appraisal) in accordance with Articles 82 and 83 of the Law on Construction 2014, which are amended and supplemented in Clauses 24 and 25, Article 1 of Law No. 62/2020/QH14.

2. The appraisal by the specialized agency in charge of construction shall comply with Articles 36, 37 and 38 of this Decree.

3. During the appraisal process, the investor or the specialized agency under the investment decision maker or the specialized agency in charge of construction may invite organizations and individuals with appropriate expertise and experience to participate in the appraisal of construction designs following the basic design.

4. The verification of construction designs for construction works specified in Clause 6, Article 82 of the Law on Construction 2014, which is amended and supplemented in Clause 24, Article 1 of Law No. 62/2020/QH14, is prescribed as follows:

a) During the appraisal process, in case the verification result report is not sufficient to make appraisal conclusions, the specialized agency in charge of construction has the right to request supplementing and completing the verification result report;

b) The verifying consulting organization must be independent in terms of legality and finance from the investor and construction design consulting contractors;

c) The contents of the verification result report are specified in Form No. 05 of Appendix I to this Decree. The drawings verified must be stamped in accordance with Form No. 08 of Appendix I to this Decree.

5. The investor is responsible for summarizing the appraisal results of construction designs following the basic design by the specialized agency in charge of construction, documents of relevant agencies and organizations to serve as a basis for approving the designs. The appraisal and approval results of the investor shall be expressed in the decision approving the construction designs in accordance with Form No. 07 of Appendix I to this Decree.

6. The appraisal of construction designs following the basic design shall be carried out for all works or each work of the project or parts of the work according to the work construction stages as required by the investor, but must ensure consistency and synchronization of contents and calculation basis in the appraisal results.

Article 36. Appraisal of designs following the basic design by the specialized agency in charge of construction

1. For construction works under projects using public investment capital, the specialized agency in charge of construction shall appraise the construction design step following the basic design for construction works under specialized management according to the provisions of Article 109 of this Decree, specifically:

a) The specialized agency in charge of construction under the Ministry managing specialized construction works shall appraise works under the following projects: projects assigned by the Prime Minister; national important projects; Group A projects; Group B projects decided by the head of central agencies for investment or decentralized or authorized for investment decision; projects invested in construction in the administrative boundaries of 02 or more provinces; Group C projects under specialized management, decided by the Ministry managing specialized construction works (to which this specialized agency in charge of construction is affiliated) for investment or decentralized or authorized for investment decision; except for works specified at Point c of this Clause;

b) The specialized agency in charge of construction under the Provincial People’s Committee shall appraise works under projects invested in construction in the administrative boundaries of the province, except for works specified at Point a of this Clause;

c) The specialized agency in charge of construction under the People’s Committees of Hanoi and Ho Chi Minh City shall appraise works under projects decided by the Chairperson of the municipal People’s Committee for investment or decentralized or authorized for investment decision.

2. For construction works under projects using state capital outside of public investment, the specialized agency in charge of construction shall appraise the construction design step following the basic design for construction works under projects of Group B or higher, projects with works having major impacts on community safety and interests, under specialized management according to the provisions of Article 109 of this Decree, specifically:

a) The specialized agency in charge of construction under the Ministry managing specialized construction works shall appraise works under the following projects: projects whose investment policy is approved by the National Assembly or the Prime Minister; Group A projects; Group B projects decided by the Minister, the head of central agencies, the head of state economic groups, state corporations for investment or decentralized or authorized for investment decision; projects with special-grade or grade-I works; projects invested in construction in the administrative boundaries of 02 or more provinces; Group C projects under specialized management, decided by the Ministry managing specialized construction works (to which this specialized agency in charge of construction is affiliated) for investment or decentralized or authorized for investment decision; except for works specified at Point c of this Clause;

b) The specialized agency in charge of construction under the Provincial People’s Committee shall appraise works under projects invested in construction in the administrative boundaries of the province, except for works specified at Point a of this Clause;

c) The specialized agency in charge of construction under the People’s Committees of Hanoi and Ho Chi Minh City shall appraise works under projects decided by the Chairperson of the municipal People’s Committee for investment or decentralized or authorized for investment decision.

3. For PPP projects, the specialized agency in charge of construction shall appraise the construction design step following the basic design for construction works under specialized management according to the provisions of Article 109 of this Decree, specifically:

a) The specialized agency in charge of construction under the Ministry managing specialized construction works shall appraise works under the following projects: projects whose investment policy is decided by the National Assembly or the Prime Minister; projects approved by the Minister, the head of central agencies, other agencies as prescribed by the law on investment in the form of public-private partnership or decentralized or authorized for project approval; projects with special-grade or grade-I works; projects invested in construction in the administrative boundaries of 02 or more provinces;

b) The specialized agency in charge of construction under the Provincial People’s Committee shall appraise works under PPP projects invested in construction in the administrative boundaries of the province, except for works specified at Point a of this Clause.

4. For construction investment projects using other capital, the specialized agency in charge of construction shall only appraise construction works under specialized management according to the provisions of Article 109 of this Decree for works under projects constructed in areas without urban planning, planning of functional zones or detailed planning of rural residential areas, specifically:

a) The specialized agency in charge of construction under the Ministry managing specialized construction works shall appraise works under projects with works having major impacts on community safety and interests, including: projects with special-grade or grade-I works; projects invested in construction in the administrative boundaries of 02 or more provinces;

b) The specialized agency in charge of construction under the Provincial People’s Committee shall appraise works under projects with works having major impacts on community safety and interests, except for works specified at Point a of this Clause.

5. For mixed projects consisting of many different types of works, the appraisal authority of the specialized agency in charge of construction shall be determined according to the specialized management specified in Article 109 of this Decree for the service function of the main works of the project or the main works with the highest grade in case the project has many main works.

In case the project has many works of the same type with different grades, the appraising agency is the agency responsible for appraising the works with the highest grade of the project.

6. The appraisal of the FEED design step serving the selection of contractors in case of implementing the form of design – procurement of materials and equipment – construction (hereinafter referred to as EPC bidding design) or other design steps implemented according to international practices specified at Point a and Point d, Clause 2, Article 82 of the Law on Construction 2014, which is amended and supplemented in Clause 24, Article 1 of Law No. 62/2020/QH14, by the specialized agency in charge of construction is prescribed as follows:

a) The specialized agency in charge of construction shall appraise according to the contents specified in Clauses 2 and 3, Article 83a, which is supplemented in Clause 26, Article 1 of Law No. 62/2020/QH14 (hereinafter referred to as Article 83a of the Law on Construction) for the construction design dossier submitted for appraisal with sufficient contents as prescribed in Article 80 of the Law on Construction 2014;

b) In case the EPC bidding design dossier does not have sufficient contents as prescribed in Article 80 of the Law on Construction 2014 to serve as a basis for assessing the factors of construction safety and fire and explosion prevention and fighting, the specialized agency in charge of construction shall appraise the contents specified in Clauses 2 and 3, except for the contents specified at Points c and dd, Clause 2, Article 83a of the Law on Construction, serving as a basis for the investor to appraise and approve the EPC bidding design. At the same time, the document notifying the appraisal results shall give the requirement for the investor to continue submitting the construction designs following the bidding design with sufficient contents for the specialized agency in charge of construction to additionally appraise the contents specified at Points c and dd, Clause 2, Article 83a of the Law on Construction.

In the document notifying the additional appraisal results, the specialized agency in charge of construction shall request the investor to send the dossier and documents proving the satisfaction of conditions on construction permits to the local state management agency in charge of construction together with the notice of construction commencement for monitoring and management in accordance with Article 56 of this Decree for construction designs eligible for approval and exempt from construction permits as prescribed at Point g, Clause 2, Article 89 of the Law on Construction 2014, which is amended and supplemented in Clause 30, Article 1 of Law No. 62/2020/QH14.

Article 37. Dossier submitted for appraisal of construction designs following the basic design at the specialized agency in charge of construction

1. The requester of appraisal shall submit 01 set of dossier to the specialized agency in charge of construction for organizing the appraisal. The dossier submitted for appraisal may be sent directly or by post.

2. The dossier submitted for appraisal must ensure legality and be suitable with the contents requested for appraisal. The dossier submitted for appraisal shall be considered valid when it ensures the contents specified in Clause 3 of this Article, is in the correct format, presented in Vietnamese as the main language, and checked and certified by the requester of appraisal. The architectural design dossier in the construction design dossier (if any) must comply with the law on architecture.

3. The dossier submitted for appraisal of construction designs following the basic design includes:

a) Appraisal request according to Form No. 04 in Appendix I to this Decree;

b) Attached legal documents, including: decision approving the construction investment project together with the approved feasibility study report; document notifying the appraisal results of the specialized agency in charge of construction and the attached dossier of basic design drawings stamped for certification (if any); report on verification results of construction designs of the verifying consulting contractor certified by the investor (if required); document approving the fire prevention and fighting design, results of implementing procedures on environmental impact assessment in accordance with the law on environmental protection (if required) and other relevant documents;

Procedures on fire prevention and fighting shall be implemented according to the principle of concurrence, without requiring mandatory submission at the time of submitting the dossier for appraisal, but the results must be sent to the specialized agency in charge of construction before the deadline for notifying the appraisal results;

c) The construction survey dossier approved by the investor; the construction design dossier of the construction design step submitted for appraisal;

d) Capacity certificate codes of construction operation of the survey contractor, construction design contractor, verification contractor; practice certificate codes of construction operation of the positions of chief of construction survey; chief and leader of design disciplines; chief and leader of verification; construction operation license of the foreign contractor (if any);

dd) For works using public investment capital or state capital outside of public investment requiring the appraisal of construction cost estimates, in addition to the contents specified at Points a, b, c and d of this Clause, the dossier must also include the construction cost estimates; information and data on prices and relevant norms for determining the construction cost estimates; price quotations and price appraisal results (if any).

Article 38. Appraisal process for construction designs following the basic design at the specialized agency in charge of construction

1. The specialized agency in charge of construction is responsible for receiving and examining the completeness and validity of the dossier submitted for appraisal as prescribed in Article 37 of this Decree. Within 05 working days from the date of receiving the appraisal dossier, the specialized agency in charge of construction shall:

a) Consider and send a written request for supplementing the dossier submitted for appraisal to the requester of appraisal (if necessary, the request for supplementing the dossier may only be made once during the appraisal process). In case it is necessary to obtain coordinated opinions from relevant agencies and organizations, the appraisal agency shall request the requester of appraisal to supplement the dossier for the contents requiring opinions;

b) Return the appraisal dossier in case of refusal to receive it in accordance with Clause 2, Article 15 of this Decree.

2. Within 20 days from the date of receiving the request of the specialized agency in charge of construction, if the requester of appraisal does not supplement the dossier, the appraisal agency shall suspend the appraisal, and the requester of appraisal shall re-submit the dossier for appraisal when requested.

3. The specialized agency in charge of construction is responsible for organizing the appraisal according to the one-stop-shop mechanism, ensuring the correct contents as prescribed in Law No. 62/2020/QH14.

4. During the appraisal process, the specialized agency in charge of construction has the right to temporarily suspend the appraisal (not more than once) and promptly notify the requester of appraisal of errors and mistakes in information and data in the dossier contents that make it impossible to make appraisal conclusions. In case the above-mentioned errors and mistakes cannot be rectified within 20 days, the specialized agency in charge of construction shall suspend the appraisal, and the requester of appraisal shall re-submit the dossier for appraisal when requested.

5. The appraisal results must include an assessment and conclusion on the level of meeting the requirements for each appraisal content as prescribed in Article 83a of the Law on Construction, requirements for the investment decision maker, the investor and the competent authority for PPP projects. The appraisal results shall be sent to the requester of appraisal for summarization and simultaneously sent to the local state management agency in charge of construction for monitoring and management.

For construction designs eligible for approval and exempt from construction permits as prescribed at Point g, Clause 2, Article 89 of the Law on Construction 2014, which is amended and supplemented in Clause 30, Article 1 of Law No. 62/2020/QH14, the appraisal results must additionally include the requirement for the investor to send the dossier and documents proving the satisfaction of conditions on construction permits to the local state management agency in charge of construction together with the notice of construction commencement for monitoring and management in accordance with Article 56 of this Decree.

The form of document notifying the appraisal results of construction designs following the basic design shall comply with Form No. 06 in Appendix I to this Decree.

6. The stamping and archiving of appraisal dossiers at the specialized agency in charge of construction shall comply with Clause 7, Article 15 of this Decree.

7. The time limit for appraising construction designs following the basic design by the specialized agency in charge of construction from the date of receiving the complete and valid dossier is as follows:

a) Not exceeding 40 days for grade-I and special-grade works;

b) Not exceeding 30 days for grade-II and grade-III works;

c) Not exceeding 20 days for the remaining works.

Article 39. Appraisal of adjusted construction designs following the basic design

1. The specialized agency in charge of construction with authority as prescribed in Article 36 of this Decree shall appraise adjusted construction designs in the following cases:

a) When the adjustment and supplementation of construction designs involve changes in construction geology, design loads, structural solutions, materials used for load-bearing structures and construction organization measures affecting the load-bearing safety of the works;

b) When adjusting construction investment projects requiring the adjustment of basic designs.

2. The verification of adjusted construction designs shall comply with Clause 4, Article 35 of this Decree.

3. For adjusted and supplemented construction designs not falling under Clause 1 of this Article, the investor shall organize the appraisal by itself to serve as a basis for approval.

4. The adjustment of construction cost estimates shall comply with the Government’s regulations on management of construction investment costs and relevant laws.

5. Dossier submitted for appraisal of adjusted construction designs:

a) The dossier components specified in Article 37 of this Decree;

b) Report on the actual situation of work construction by the investor (in case the work has been constructed).

Article 40. Approval of construction designs following the basic design

1. The investor’s approval of construction designs following the basic design shall be expressed in the approval decision, including the following main contents:

a) Approver;

b) Name of the work or work part;

c) Project name;

d) Type and grade of the work;

dd) Construction location;

e) Contractor preparing the construction survey report;

g) Contractor preparing the construction design;

h) Unit verifying the construction design;

i) Scale, technical criteria; design solutions for efficient energy use and resource conservation (if any);

k) Design service life of the work;

l) Value of the construction cost estimate by cost items;

m) Other contents.

2. The form of decision approving construction designs following the basic design for projects using public investment capital or state capital outside of public investment is prescribed in Form No. 07 of Appendix I to this Decree.

3. In case of project management in the form of specialized project management unit, regional project management unit or project management unit for a single project, the investor may authorize the affiliated project management unit to approve the construction design.

4. The person assigned to approve the construction design shall stamp and directly certify the approved construction design dossier (including explanation and design drawings). The form of construction design approval stamp is prescribed in Form No. 08 of Appendix I to this Decree.

CHAPTER IV CONSTRUCTION PERMITS AND MANAGEMENT OF CONSTRUCTION ORDER

Article 41. Conditions for issuing construction permits

1. The conditions for issuing construction permits for specific cases are prescribed in Articles 91, 92, 93 and 94 of the Law on Construction 2014, which are amended and supplemented according to the Law on Architecture 2019 and Law No. 62/2020/QH14.

2. For areas without urban planning, planning of functional zones or detailed planning of rural residential areas, the planning of a technical or specialized nature or regulations on management of architectural order or documents of competent state agencies approving the location and general ground plan (for off-route works outside urban areas) shall serve as a basis for considering the issuance of construction permits.

3. For works under construction investment projects not requiring the formulation of detailed construction planning as prescribed by the law on planning, works under construction investment projects implemented by a single investor with a scale of less than 05 hectares (less than 02 hectares for construction investment projects of apartment buildings), the construction subdivision planning shall serve as a basis for considering the issuance of construction permits.

4. For construction works having major impacts on community safety and interests requiring verification as prescribed in Clause 6, Article 82 of the Law on Construction 2014, which is amended and supplemented in Clause 24, Article 1 of Law No. 62/2020/QH14, the verification result report, in addition to the investor’s specific requirements, must have a conclusion on meeting the requirements of work safety and compliance with technical standards and regulations of the construction design dossier.

Article 42. General regulations on dossiers requesting the issuance of construction permits

1. Dossiers requesting the issuance of construction permits shall be sent directly to the agency competent to issue permits or via the online public service portal as prescribed.

2. The documents, papers and design drawings in the dossier requesting the issuance of construction permits are originals or certified copies or electronic copies.

3. Construction design drawings in the dossier requesting the issuance of construction permits must comply with the provisions on format of construction design dossiers in Article 33 of this Decree.

4. When submitting the dossier in the form of electronic copies, the investor only needs to submit 01 set of construction design drawings.

Article 43. Dossier requesting the issuance of construction permits for new construction

1. For off-route works:

a) Application for construction permit according to Form No. 01 in Appendix II to this Decree;

b) One of the documents proving land use rights in accordance with the law on land;

c) Decision approving the project; document notifying the appraisal results of the specialized agency in charge of construction and the attached dossier of basic design drawings stamped for certification (if any); report on verification results of construction designs as prescribed in Clause 4, Article 41 of this Decree; certificate of appraised design of fire prevention and fighting and attached appraised documents and drawings in accordance with the law on fire prevention and fighting; documents on results of implementing procedures on environmental protection in accordance with the law on environmental protection in case of not appraising the feasibility study report on construction investment at the specialized agency in charge of construction;

d) 02 sets of construction design drawings in the construction design dossier following the approved basic design in accordance with the law on construction, including: drawings of the general ground plan of the entire project, ground plan determining the work location on the land plot; drawings of architecture of the main ground plans, elevations and sections of the work; drawings of foundation ground plans and sections; drawings showing the main structural solutions of the work; drawings of ground plans for connection with the technical infrastructure system outside the work and project.

2. For route-based works:

a) Application for construction permit according to Form No. 01 in Appendix II to this Decree;

b) One of the documents proving land use rights in accordance with the law on land or written approval of a competent state agency on the route location and plan or decision on land acquisition by a competent state agency in accordance with the law on land;

c) Documents prescribed at Point c, Clause 1 of this Article;

d) 02 sets of construction design drawings in the construction design dossier following the approved basic design in accordance with the law on construction, including: diagram of the work route location; drawings of the general ground plan or topographic drawings of the work; drawings of the main longitudinal and cross sections of the work route; drawings of foundation ground plans and sections; drawings showing the main structural solutions of the work; drawings of ground plans for connection with the technical infrastructure system outside the work and project.

3. For religious works:

a) The dossier requesting the issuance of construction permits for religious works includes the documents specified in Clause 1 of this Article and the written approval of the necessity and scale of construction of the specialized agency in charge of belief and religion under the Provincial People’s Committee;

b) The dossier requesting the issuance of construction permits for belief works includes the documents specified in Article 46 of this Decree and opinions of the specialized agency in charge of belief and religion under the Provincial People’s Committee (in case the law on belief and religion has provisions); report on verification results of construction designs for belief works having major impacts on community safety and interests;

c) For the dossier requesting the issuance of construction permits for belief and religious works under projects on preservation, restoration and renovation of historical-cultural relics and scenic spots, in addition to the documents specified at Points a and b of this Clause, it is necessary to supplement the document on the necessity and scale of construction of the state management agency in charge of culture in accordance with the law on cultural heritage.

4. Statue and mural works:

The dossier requesting the issuance of construction permits includes the documents specified in Clause 1 of this Article and the written approval of the necessity and scale of construction of the state management agency in charge of culture.

5. For advertising works:

Implementation shall comply with the law on advertising.

6. For works of diplomatic agencies and international organizations:

The dossier requesting the issuance of construction permits for works of diplomatic agencies, international organizations and foreign agencies investing in Vietnam shall be implemented in accordance with the corresponding provisions in Clause 1 or Clause 2 of this Article and the provisions of the agreement or treaty signed with the Government of Vietnam.

Article 44. Dossier requesting the issuance of construction permits by stages

1. For off-route works:

a) Application for construction permit according to Form No. 01 in Appendix II to this Decree;

b) One of the documents proving land use rights in accordance with the law on land;

c) Documents prescribed at Point c, Clause 1, Article 43 of this Decree;

d) 02 sets of construction design drawings in the construction design dossier following the approved basic design in accordance with the law on construction corresponding to the stage of requesting the construction permit as prescribed at Point d, Clause 1, Article 43 of this Decree.

2. For route-based works:

a) Application for construction permit according to Form No. 01 in Appendix II to this Decree;

b) One of the documents proving land use rights in accordance with the law on land or written approval of a competent state agency on the route location and plan; decision on land acquisition by a competent state agency for the land part implemented by stages or the entire project in accordance with the law on land;

c) Documents prescribed at Point c, Clause 1, Article 43 of this Decree;

d) 02 sets of construction design drawings in the construction design dossier following the approved basic design in accordance with the law on construction corresponding to the stage of requesting the construction permit approved as prescribed at Point d, Clause 2, Article 43 of this Decree.

Article 45. Dossier requesting the issuance of construction permits for projects and groups of works under projects

1. Application for construction permit according to Form No. 01 in Appendix II to this Decree.

2. One of the documents proving land use rights in accordance with the law on land of the group of works or the entire project.

3. Documents prescribed at Point c, Clause 1, Article 43 of this Decree;

4. 02 sets of construction design drawings in the construction design dossier following the approved basic design in accordance with the law on construction of each work in the group of works or the entire approved project, including:

a) Construction design dossier as prescribed at Point d, Clause 1, Article 43 of this Decree for off-route works;

b) Construction design dossier as prescribed at Point d, Clause 2, Article 43 of this Decree for route-based works.

Article 46. Dossier requesting the issuance of construction permits for separate houses

1. Application for construction permit according to Form No. 01 in Appendix II to this Decree.

2. One of the documents proving land use rights in accordance with the law on land.

3. 02 sets of construction design drawings together with the certificate of appraised design of fire prevention and fighting enclosed with appraised drawings in case the law on fire prevention and fighting has requirements; report on verification results of construction designs in case the law on construction has requirements, including:

a) Drawings of the work ground plan on the land plot enclosed with the diagram of the work location;

b) Drawings of ground plans of the floors, main elevations and sections of the work;

c) Drawings of foundation ground plan and section enclosed with the diagram of connection with the technical infrastructure system outside the work, including water supply, drainage and power supply;

d) For construction works with adjacent works, there must be a written commitment to ensure safety for adjacent works.

4. Based on the actual conditions in the locality and Clause 3 of this Article, the Provincial People’s Committee shall announce the form of design drawings for reference by households and individuals when self-preparing construction designs as prescribed at Point b, Clause 7, Article 79 of the Law on Construction 2014.

Article 47. Dossier requesting the issuance of construction permits for repair and renovation of works

1. Application for permit for repair and renovation of works and separate houses according to Form No. 01 in Appendix II to this Decree.

2. One of the documents proving the ownership, management and use rights of works and separate houses in accordance with law.

3. Drawings of the current status of the work parts expected to be repaired and renovated already approved as prescribed with a scale corresponding to the scale of the drawings of the dossier requesting the issuance of repair and renovation permits and photos (minimum size of 10 x 15 cm) of the current status of the work and adjacent works before repair and renovation.

4. Dossier of repair and renovation designs corresponding to each type of work as prescribed in Article 43 or Article 46 of this Decree.

5. For ranked historical-cultural relics and scenic spots, there must be a written approval of the necessity and scale of construction of the state management agency in charge of culture.

Article 48. Dossier requesting the issuance of permits for work relocation

1. Application for permit for work relocation according to Form No. 01 in Appendix II to this Decree.

2. Documents prescribed in Clauses 2, 3, 4 and 5, Article 97 of the Law on Construction 2014.

Article 49. Cases exempt from construction permits for passive telecommunications technical infrastructure works

Passive telecommunications technical infrastructure works exempt from construction permits as prescribed at Point dd, Clause 2, Article 89 of the Law on Construction 2014, which is amended and supplemented in Clause 30, Article 1 of Law No. 62/2020/QH14, include:

1. Antenna pole works of the antenna pole system located outside urban areas in accordance with the construction planning of passive telecommunications technical infrastructure approved by a competent state agency or approved by a competent state agency for the route direction.

2. Compact antenna pole works as prescribed by the law on telecommunications constructed in urban areas in accordance with the construction planning of passive telecommunications technical infrastructure approved by a competent state agency.

Article 50. Construction permits with term

1. Based on the provisions in Article 94 of the Law on Construction 2014, which is amended and supplemented in Clause 33, Article 1 of Law No. 62/2020/QH14, and on the basis of the plan for implementing construction planning and the work construction location, the Provincial People’s Committee shall promulgate specific regulations on the scale and height of new construction works and works requesting the issuance of repair and renovation permits; the existence duration of works to serve as a basis for issuing construction permits with term.

2. The dossier requesting the issuance of construction permits with term shall comply with the provisions for each type of work and separate house specified in Article 43 or Article 46 of this Decree. In particular, the title of the application shall be changed to “Application for construction permit with term”.

Article 51. Adjustment and extension of construction permits

1. The adjustment and extension of construction permits shall comply with Articles 98 and 99 of the Law on Construction 2014. The investor is not required to adjust the construction permit in case of adjusting the construction design without changing the main contents stated in the issued construction permit and the construction design drawings attached to the issued construction permit.

2. The dossier requesting the adjustment of construction permits includes:

a) Application for adjustment of construction permit according to Form No. 02 in Appendix II to this Decree;

b) The original of the issued construction permit;

c) 02 sets of construction design drawings in the adjusted construction design dossier following the approved basic design in accordance with the law on construction corresponding to the provisions in Article 43, Article 44, Article 45, Article 46 or Article 47 of this Decree;

d) Report on appraisal results and document approving the adjusted construction design (except for separate houses) of the investor, which must contain contents on ensuring load-bearing safety, fire and explosion prevention and fighting safety, and environmental protection.

3. The dossier requesting the extension of construction permits includes:

a) Application for extension of construction permit according to Form No. 02 in Appendix II to this Decree;

b) The original of the issued construction permit.

Article 52. Reissuance of construction permits

1. Construction permits shall be reissued in case they are torn, damaged, or lost.
2. The dossier for requesting the reissuance of a construction permit consists of:

a) An application for reissuance of the construction permit, clearly stating the reasons for the request according to Form No. 02 in Appendix II of this Decree;

b) The original construction permit that was previously issued in case it is torn or damaged. A written commitment to take responsibility for the loss of the construction permit by the investor in case the construction permit is lost.

Article 53. Revocation and cancellation of construction permits

1. A construction permit shall be revoked when falling under one of the following cases:

a) The construction permit is issued contrary to legal provisions, including: Falsified documents in the application dossier for the construction permit; the construction permit contains incorrect information due to errors of the permit-issuing agency; the construction permit is issued by an agency without authority;

b) The investor fails to rectify the construction that deviates from the construction permit within the time limit specified in the violation handling document as per the request of the competent state agency.

2. Procedures for revoking and canceling construction permits:

a) Within 10 days from the time there are grounds to determine that the construction permit falls under the cases specified in Clause 1 of this Article, the competent agency shall issue a decision to revoke the construction permit;

b) The agency competent to revoke the construction permit is responsible for sending the decision on revocation of the construction permit to the organization/individual whose permit is revoked and posting it on its website; concurrently sending the information to the People’s Committee of the commune where the construction work is located for public announcement at the People’s Committee of the commune within 05 working days from the date of issuance of the decision;

c) The organization or individual whose construction permit is revoked must submit the original construction permit to the agency that issued the revocation decision within 05 working days from the date of receiving the revocation decision;

d) In case the organization or individual whose construction permit is revoked fails to submit the construction permit as prescribed, the competent agency shall issue a decision to cancel the construction permit in accordance with Clause 2, Article 101 of the Construction Law in 2014 and notify the investor and the People’s Committee of the commune where the construction work is located. The decision on cancellation of the construction permit must be posted on the website of the permit-revoking agency and integrated into the website of the provincial Department of Construction.

3. Procedures for granting a construction permit after revocation:

a) The agency competent to issue construction permits is responsible for reissuing the construction permit within 05 working days from the date of the decision to revoke or cancel the construction permit in case the construction permit contains incorrect information due to errors of the permit-issuing agency;

b) Organizations and individuals whose construction permits are revoked in the remaining cases specified in Clause 1 of this Article may apply for a construction permit in accordance with this Decree after submitting or canceling the construction permit and fulfilling their responsibilities and obligations as prescribed by law.

Article 54. Procedures and contents of construction permit appraisal

1. Procedures for issuing construction permits:

a) The construction permit-issuing agency shall inspect, evaluate the dossier, and issue the construction permit in accordance with the procedures prescribed in Article 102 of the Construction Law in 2014, which is amended and supplemented according to Clause 36, Article 1 of Law No. 62/2020/QH14;

b) The construction permit-issuing agency shall use its electronic signature or the seal sample prescribed in Form No. 13 of Appendix II to this Decree to affix the seal of certification on the design drawings accompanying the construction permit issued to the investor.

2. The construction permit-issuing agency is responsible for examining the conditions for issuing construction permits prescribed in Article 41 of this Decree. The examination of the contents that have been appraised, approved, or inspected by agencies and organizations in accordance with the law shall be carried out as follows:

a) Comparing the conformity of the construction design drawings in the application dossier for the construction permit with the basic design appraised by the specialized construction agency and affixed with the certification seal for construction works under projects requiring appraisal of the feasibility study report at the specialized construction agency;

b) Examining the conformity of the construction design drawings in the application dossier for the construction permit with the construction design drawings approved for fire prevention and firefighting by the competent agency for construction works subject to fire prevention and firefighting approval;

c) Checking the completeness and validity of the design inspection report for construction works that are required to have their designs inspected in accordance with this Decree.

Article 55. Disclosure of construction permits

1. The construction permit-issuing agency is responsible for publicly disclosing the contents of the issued construction permits on its website.
2. The investor is responsible for publicly disclosing the contents of the issued construction permit at the construction site throughout the construction process for organizations and individuals to monitor and supervise in accordance with relevant laws.

Article 56. Management of construction order

1. The management of construction order must be carried out from the time of receiving the notice of construction commencement and the actual commencement of construction until the construction work is handed over for use in order to promptly detect, prevent, and handle violations when they arise.
2. Contents of construction order management:

a) For construction works granted construction permits: The management of construction order shall be based on the contents of the issued construction permits and relevant legal provisions;

b) For construction works exempted from construction permits, the contents of construction order management include: examining the fulfillment of conditions for granting construction permits for construction works subject to exemption from construction permits as prescribed at Point g, Clause 2, Article 89 of the Construction Law in 2014, which is amended and supplemented at Clause 30, Article 1 of Law No. 62/2020/QH14, the compliance of the construction with the approved construction planning or technical and specialized planning or architectural management regulations or urban designs, and relevant legal provisions; examining the conformity of the construction with the main contents and parameters of the design appraised by the specialized construction agency in case the construction design has been appraised by the specialized construction agency.

3. Upon detecting violations, the agency competent to manage construction order must request the suspension of construction, handle the violations within its competence, or propose the competent level to handle the violations of construction order in accordance with regulations.
4. Responsibilities of the provincial People’s Committee:

a) Taking overall responsibility for managing the construction order of construction works in the locality (except for works involving state secrets);

b) Issuing regulations on: management of construction order; decentralization and authorization of construction order management to the district-level People’s Committee and the commune-level People’s Committee in accordance with the law and practical situation; decentralization and authorization of receiving notices of construction commencement accompanied by construction design dossiers, in case the construction works are subject to exemption from construction permits as prescribed at Point g, Clause 2, Article 89 of the Construction Law in 2014, which is amended and supplemented at Clause 30, Article 1 of Law No. 62/2020/QH14, it is necessary to add additional documents as required by the specialized construction agency in accordance with Clause 5, Article 38 of this Decree.

c) Promulgating architectural management regulations or urban designs for each area to serve as a basis for granting construction permits and managing construction order for areas without detailed construction planning in urban areas, functional zones, and detailed construction planning for rural residential areas;

d) Directing the district-level and commune-level People’s Committees to monitor, inspect, detect, prevent, and promptly handle violations in the locality when they arise; directing and organizing the enforcement of construction works violating construction order in the locality in accordance with the law;

đ) Resolving important, complex, and problematic issues in the process of managing construction order in the locality.

5. Responsibilities of the district-level and commune-level People’s Committees:

a) Being responsible for managing construction order in the locality according to the decentralization and authorization of the provincial People’s Committee;

b) Organizing the monitoring, inspection, detection, prevention, and handling or proposing timely handling of violations in the locality when they arise; enforcing construction works violating construction order in the locality in accordance with the law.

CHAPTER V CONSTRUCTION OF SPECIAL WORKS AND IMPLEMENTATION OF INVESTMENT PROJECTS ON CONSTRUCTION OVERSEAS

SECTION 1. CONSTRUCTION OF SPECIAL WORKS

Article 57. Management of investment in construction of state secret works

1. State secret works are determined in accordance with the provisions of the law on protection of state secrets and relevant laws.
2. The organization of the implementation of construction investment projects from project preparation, project implementation to completion of construction and commissioning of the project’s works is carried out in accordance with the law on protection of state secrets, the law on construction investment and is specifically stipulated in the project approval decision or investment decision.
3. Relevant agencies, organizations and individuals shall manage dossiers, documents and related information during the investment process in the construction of state secret works in compliance with the provisions of the law on protection of state secrets.

Article 58. Management of investment in construction of urgent construction works

The management of investment in construction of urgent construction works specified at Point a, Clause 1, Article 130 of the Construction Law in 2014, which is amended and supplemented in Clause 48, Article 1 of Law No. 62/2020/QH14, is specifically stipulated as follows:

1. The head of the central agency, the Chairperson of the People’s Committee at all levels have the authority to decide on the construction of urgent works within the scope of management by issuing an order for the construction of urgent works.
2. The order for the construction of urgent works is expressed in writing and includes the following contents: purpose of construction, location of construction, the person assigned to manage and implement the construction of the works, construction time, estimated costs and resources for implementation, and other necessary requirements related to the works.
3. The person assigned to manage and implement the construction of the works has the authority to decide on all tasks in construction investment activities, including: assigning organizations and individuals to carry out surveys, design and construction, and other necessary tasks for the construction of urgent works; deciding on the procedures for conducting surveys, design and construction; deciding on construction supervision and acceptance of construction works to meet the requirements of the order for the construction of urgent works.
4. After the completion of the construction of urgent works, the person assigned to construct the urgent works is responsible for organizing the preparation and completion of the dossier of completed works, including: the order for the construction of urgent works; construction survey documents (if any); typical designs or construction drawing designs (if any); construction diary and images recording the construction process (if any); acceptance minutes, test results, monitoring and measurement data (if any); management dossiers of construction materials, products, components and equipment used for construction works (if any); as-built drawings; appendix of defects that need to be repaired and remedied (if any) after putting the construction works into use; minutes of acceptance of completed construction works between the investor, the contractor and relevant state management agencies; bases and foundations for determining the completed work volume and other dossiers, documents and materials related to the investment activities in the construction of urgent works.
5. For urgent construction works using public investment capital, the management, payment and settlement of construction investment capital shall be carried out in accordance with relevant legal provisions on management, payment and settlement for urgent projects using public investment capital.

SECTION 2. IMPLEMENTATION OF CONSTRUCTION INVESTMENT PROJECTS OVERSEAS

Article 59. Principles for managing construction investment projects overseas

1. The formulation, appraisal and decision on investment policy of projects using public investment capital overseas shall comply with the provisions of the law on public investment. The approval of investment policy or decision on overseas investment for the remaining projects shall comply with the provisions of the law on investment.
2. The decision on project investment shall comply with the law on public investment for projects using public investment capital, and the law on management and use of state capital invested in production and business in enterprises for projects of enterprises using state investment capital.
3. Construction investment projects of Vietnamese representative agencies overseas shall be implemented in accordance with the Government’s regulations on management of investment projects of representative agencies of the Socialist Republic of Vietnam abroad and relevant legal provisions.
4. The implementation of construction investment projects after being decided or approved for investment policy by competent state agencies must comply with international treaties to which the Socialist Republic of Vietnam is a member, international agreements between Vietnamese and foreign parties, legal regulations of the country where the construction works are invested, and specific provisions in this section, specifically as follows:

a) The formulation and appraisal of the feasibility study report on construction investment for projects using public investment capital and state capital outside of public investment shall comply with the provisions in Article 60 of this Decree;

b) The formulation, appraisal and approval of construction design steps implemented after the project investment decision shall be decided by the investment decision-maker in accordance with the laws of the country where the construction works are invested and the project implementation conditions;

c) The contents on technical standards and regulations; construction planning; requirements on natural and social conditions, cultural and environmental characteristics; responsibility to purchase compulsory insurance; construction permits; capacity conditions for construction activities; construction contracts, construction, construction supervision, acceptance and handover of works, and other specific contents and requirements shall be prioritized for application in accordance with the legal provisions of the country where the construction works are invested, except where international treaties or international agreements provide otherwise;

d) Priority shall be given to applying the regulations on management of construction investment costs of the country where the construction works are built when determining the total investment, construction cost estimates of the works.

5. The settlement of investment capital for construction investment projects using public investment capital abroad shall comply with relevant legal provisions on management, payment and settlement of construction investment projects abroad using public investment capital and relevant legal provisions.

Article 60. Formulation, inspection and appraisal of feasibility study reports on construction investment for projects using public investment capital and state capital outside of public investment

1. The investor shall formulate the feasibility study report on construction investment, the economic-technical report on construction investment or equivalent documents in accordance with the provisions of the host country’s law (hereinafter collectively referred to as the feasibility study report on construction investment), and submit it to the specialized agency under the investment decision-maker for appraisal so that the investment decision-maker can consider and approve the project and decide on construction investment.
2. The contents of the feasibility study report on construction investment include the basic design or other construction designs prepared in accordance with international practices suitable for the stage of formulating the feasibility study report on construction investment. The explanation of the feasibility study report must demonstrate the following main contents:

a) The necessity and investment policy, objectives of construction investment;

b) Analysis of natural conditions, selection of construction investment location, land use area, scale and form of project construction investment;

c) Conformity with the construction planning or other planning in accordance with the provisions of the host country’s law;

d) Expected project implementation schedule;

e) Determination of the total investment and capital structure;

f) Solutions for project implementation organization, identification of investors, analysis and selection of the form of project management and implementation, analysis of socio-economic efficiency;

g) Other contents according to the specificity of each project and the provisions of the host country’s law.

3. The investor is responsible for hiring a design inspection organization with sufficient capacity to inspect the feasibility study report on construction investment; checking and evaluating the inspection report made by the design inspection organization before sending it to the specialized agency of the investment decision-maker for appraisal.
4. On the basis of the inspection report, the specialized agency of the investment decision-maker shall appraise the feasibility study report on construction investment and consult the specialized construction agency when necessary. The authority of the specialized construction agency to be consulted is the appraisal authority for projects of equivalent scale as prescribed in this Decree.
5. The contents of appraisal of the feasibility study report on construction investment include:

a) Compliance with legal provisions in the contents of the dossier submitted for appraisal;

b) Conformity of the feasibility study report on construction investment with the investment policy approved or agreed by the competent authority;

c) Checking the inspection report on the conformity of the construction design for formulating the feasibility study report with the construction planning or other planning in accordance with the host country’s law, ensuring construction safety, fire prevention and fighting, and environmental protection in accordance with relevant legal provisions;

d) Factors ensuring the project’s feasibility, including the selection of construction investment location, scale of project construction investment, identification of investors, forms of project management and implementation organization;

e) Factors ensuring the project’s efficiency, including determination of the total construction investment, ability to mobilize capital according to schedule, financial efficiency, socio-economic efficiency;

f) Other contents as per the requirements of the investment decision-maker (if any).

Article 61. Acceptance of construction works

The investor is responsible for managing the quality of the works, self-deciding on the acceptance of construction works and liquidating contracts for overseas construction investment projects. The investor shall prepare a report on the completion of the works and send it to the investment decision maker for monitoring and management.

CHAPTER VI CONDITIONS FOR CONSTRUCTION CAPACITY

SECTION 1. CONDITIONS FOR INDIVIDUAL CONSTRUCTION CAPACITY

Article 62. Construction practice certificates

1. Construction practice certificates (hereinafter referred to as practice certificates) are granted to individuals who are Vietnamese citizens, overseas Vietnamese, foreigners legally practicing construction in Vietnam to assume the positions or practice independently as prescribed in Clause 3, Article 148 of the Construction Law in 2014, which is amended and supplemented in Clause 53, Article 1 of Law No. 62/2020/QH14.

The fields and scope of construction activities of practice certificates shall comply with the provisions in Appendix VI of this Decree. Consulting activities related to architecture and fire prevention and fighting shall comply with the provisions of the law on architecture and fire prevention and fighting.

2. Foreign individuals or overseas Vietnamese who have been granted practice capability certificates by foreign agencies or organizations, if practicing construction in Vietnam for less than 06 months or overseas but providing construction consulting services in Vietnam, their practice capability certificates must be consular legalized to be recognized for practice. In case individuals practice construction in Vietnam for 06 months or more, they must convert their practice certificates at the agency competent to grant practice certificates as prescribed in Article 64 of this Decree.
3. Individuals are not required to have practice certificates as prescribed in this Decree when performing the following construction activities:

a) Designing and supervising communication and telecommunication information systems in construction works;

b) Designing and supervising the completion of construction works such as plastering, tiling, painting, door installation, interior decoration and other similar tasks that do not affect the load-bearing structure of the works;

c) Construction activities for grade-IV works; parks and green trees; signal transmission cable lines for telecommunications.

4. Individuals without practice certificates may participate in construction activities in fields suitable to their training majors, in accordance with the provisions of the Labor Code, and may not practice independently or assume positions that are required to have practice certificates.
5. Practice certificates are valid for 05 years when initially granted, adjusted in grade, or renewed. For practice certificates of foreign individuals, the validity is determined according to the term specified in the work permit or temporary residence card granted by the competent agency, but not exceeding 05 years.

In case of adjusting or supplementing the contents of the certificate, or reissuing it due to the old certificate still being valid but lost, damaged or containing incorrect information, the validity period shall be stated according to the previously granted certificate.

6. Practice certificates have the format and main contents according to Form No. 06, Appendix IV of this Decree.
7. Practice certificates are managed through the practice certificate number, including 02 groups of symbols, connected by a hyphen (-), specified as follows:

a) The first group: Having 03 characters indicating the place of issuance of the certificate, specifically prescribed in Appendix VIII of this Decree;

b) The second group: The practice certificate code.

8. The Ministry of Construction shall uniformly manage the granting and revocation of practice certificates; manage the issuance of practice certificate codes; publicly disclose the list of individuals granted certificates on the website.

Article 63. Granting, revoking and renewing construction practice certificates

1. Practice certificates are granted to individuals in one of the following cases:

a) Initial granting of practice certificates, adjusting the grade of practice certificates;

b) Renewing practice certificates;

c) Adjusting or supplementing the contents of certificates;

d) Reissuing practice certificates because the old certificates are still valid but lost, damaged or contain incorrect information;

e) Converting practice certificates for individuals in the case specified in Clause 2, Article 62 of this Decree.

2. Practice certificates of individuals shall be revoked when falling into one of the following cases:

a) The individual no longer satisfies the conditions prescribed in Clause 1, Article 66 of this Decree;

b) Falsifying documents, making untruthful declarations in the application dossier for the practice certificate;

c) Leasing, lending, renting, borrowing or allowing others to use the practice certificate;

d) Modifying or erasing, causing alterations to the contents of the practice certificate;

e) The practice certificate contains incorrect information due to the fault of the certificate-granting agency;

f) The practice certificate is granted by an agency without authority;

g) The practice certificate is granted when the capacity conditions are not met as prescribed.

3. Individuals whose practice certificates have been revoked in the cases specified at Points b, c and d, Clause 2 of this Article may apply for practice certificates after 12 months from the date of the decision on revocation of practice certificates. The order and procedures for granting practice certificates shall be carried out as in the case of granting practice certificates specified at Point a, Clause 1 of this Article.

Individuals whose practice certificates have been revoked in the case specified at Point e, Clause 2 of this Article shall be reissued practice certificates according to the order and procedures prescribed in Clause 2, Article 80 of this Decree.

4. Individuals shall carry out the renewal of practice certificates within 03 months until the expiry date of the practice certificates. After this time limit, if individuals wish to continue construction activities, they shall apply for practice certificates as in the case specified at Point a, Clause 1 of this Article.

Article 64. Authority to grant and revoke construction practice certificates

1. Authority to grant practice certificates:

a) The specialized construction agency under the Ministry of Construction shall grant grade-I practice certificates;

b) The Department of Construction shall grant grade-II and grade-III practice certificates;

c) Socio-professional organizations recognized under Article 81 of this Decree shall grant grade-II and grade-III practice certificates to individuals who are their members.

2. Authority to revoke practice certificates:

a) The agency competent to grant practice certificates has the authority to revoke the practice certificates it has granted;

b) In case a practice certificate is granted not in accordance with regulations but the agency competent to grant practice certificates does not revoke it, the Ministry of Construction shall directly decide to revoke the practice certificate.

Article 65. Rights and responsibilities of individuals applying for practice certificates

1. Individuals applying for construction practice certificates have the following rights:

a) To request the provision of information on the granting of practice certificates;

b) To practice construction nationwide according to the contents specified in the granted certificates;

c) To complain and denunciate acts of violating the provisions of the law on granting practice certificates.

2. Individuals applying for construction practice certificates have the following obligations:

a) To make truthful declarations in the application dossier for practice certificates as prescribed in this Decree; to take responsibility before the law for the accuracy of the declared contents in the dossier;

b) To practice in accordance with the fields and scope of activities stated in the granted practice certificates, to comply with the provisions of the construction law and other relevant laws;

c) Not to let others rent, borrow or use the granted practice certificates;

d) Not to erase or modify practice certificates;

e) To adhere to professional ethics;

f) To present practice certificates and comply with inspection requests when required by competent agencies.

Article 66. General conditions for being granted construction practice certificates

Individuals are granted practice certificates when satisfying the following conditions:

1. Having full civil act capacity as prescribed by law; having residence papers or work permits in Vietnam for foreigners and overseas Vietnamese.
2. Having professional qualifications, time and experience in participating in work suitable to the contents of the application for practice certificates as follows:

a) Grade I: Having a university degree in a relevant major, having at least 07 years of experience in participating in work suitable to the contents of the application for practice certificates;

b) Grade II: Having a university degree in a relevant major, having at least 04 years of experience in participating in work suitable to the contents of the application for practice certificates;

c) Grade III: Having suitable professional qualifications, having at least 02 years of experience in participating in work suitable to the contents of the application for practice certificates for individuals with a university degree; at least 03 years for individuals with a college or intermediate degree.

3. Meeting the exam requirements for the field of the application for practice certificates.

Article 67. Suitable professional qualifications for considering the granting of construction practice certificates

1. Construction survey:

a) Topographical survey: Professional training in one of the majors in engineering geology, geodesy, cartography, or related construction engineering majors;

b) Engineering geological survey: Professional training in one of the majors in engineering geology, hydrogeology, or related construction engineering majors.

2. Construction planning design: Professional training in architecture, construction planning, technical infrastructure, or transportation majors.
3. Construction design:

a) Structural design of works: Professional training in construction engineering majors related to the structure of works (excluding mining, transportation, irrigation, and dyke works);

b) Mechanical-electrical design of works (excluding power line and substation works): Professional training in technical majors related to electrical, mechanical, ventilation – heating and cooling systems;

c) Water supply and drainage design of works: Professional training in technical majors related to water supply and drainage.

d) Construction design of mining works: Professional training in construction engineering majors related to underground and mining works;

dd) Construction design of transportation works (including: roads; bridges – tunnels; railways; inland waterways, maritime): Professional training in construction engineering majors related to transportation works;

e) Construction design of water supply – drainage works; solid waste treatment: Professional training in technical majors related to water supply, drainage, urban environmental engineering and corresponding technical majors;

g) Construction design of irrigation and dyke works: Professional training in construction engineering majors related to irrigation and dyke works and corresponding technical majors.

4. Construction supervision:

a) Supervision of construction works: Professional training in one of the majors in construction engineering, construction economics, architecture, technical majors related to construction works;

b) Supervision of equipment installation into works: Professional training in one of the majors in electricity, mechanics, ventilation – heating and cooling, water supply and drainage, technical majors related to equipment installation for works.

5. Construction valuation: Professional training in construction economics, construction engineering and related technical majors.
6. Management of construction investment projects: Professional training in one of the majors in construction engineering, architecture, construction economics, technical majors related to construction works.

Article 68. Construction survey practice certificates

Individuals shall be considered for being granted construction survey practice certificates when meeting the conditions specified in Articles 66 and 67 of this Decree and conditions corresponding to the following grades:

1. Grade I: Having been the survey manager in the field of application for the certificate for at least 01 project of group A or 02 projects of group B or higher, or at least 01 work of grade I or higher or 02 works of grade II or higher.
2. Grade II: Having been the survey manager in the field of application for the certificate for at least 01 project of group B or higher or 02 projects of group C or higher, or at least 01 work of grade II or higher or 02 works of grade III or higher.
3. Grade III: Having participated in construction survey in the field of application for the certificate for at least 01 project of group C or 02 projects requiring the formulation of an economic-technical report on construction investment or higher, or at least 01 work of grade III or higher or 02 works of grade IV or higher.

Article 69. Construction planning design practice certificates

Individuals shall be considered for being granted construction planning design practice certificates when meeting the conditions specified in Articles 66 and 67 of this Decree and conditions corresponding to the following grades:

1. Grade I: Having been the manager or leader in designing construction planning of the professional field for at least 01 construction planning scheme under the authority and approved by the Prime Minister, or 02 construction planning schemes (of which at least 01 scheme is an inter-district regional construction planning or district regional construction planning or general planning) under the authority and approved by the provincial People’s Committee.
2. Grade II: Having been the manager or leader in designing construction planning of the professional field for at least 01 construction planning scheme under the authority and approved by the provincial People’s Committee, or 02 construction planning schemes under the authority and approved by the district-level People’s Committee.
3. Grade III: Having participated in designing construction planning of the professional field for at least 01 construction planning scheme under the authority and approved by the provincial People’s Committee, or 02 construction planning schemes under the authority and approved by the district-level People’s Committee.

Article 70. Construction design practice certificates

Individuals shall be considered for being granted construction design practice certificates when meeting the conditions specified in Articles 66 and 67 of this Decree and conditions corresponding to the following grades:

1. Grade I: Having been the manager or leader in designing or verifying the design of the parts related to the contents of the application for the practice certificate for at least 01 work of grade I or higher or at least 02 works of grade II or higher in the field of application for the practice certificate.
2. Grade II: Having been the manager or leader in designing or verifying the design of the parts related to the contents of the application for the practice certificate for at least 01 work of grade II or higher or at least 02 works of grade III or higher, or having participated in designing or verifying the design of the parts related to the contents of the application for the practice certificate for at least 03 works of grade II or higher in the field of application for the practice certificate.
3. Grade III: Having participated in designing or verifying the design of the parts related to the contents of the application for the practice certificate for at least 03 works of grade III or higher or 05 works of grade IV or higher in the field of application for the practice certificate.

Article 71. Construction supervision practice certificates

Individuals shall be considered for being granted construction supervision practice certificates when meeting the conditions specified in Articles 66 and 67 of this Decree and conditions corresponding to the following grades:

1. Grade I: Having been the chief supervisor or site commander or leader in designing the construction of the parts related to the contents of the application for the practice certificate for at least 01 work of grade I or higher or 02 works of grade II or higher in the field of application for the practice certificate.
2. Grade II: Having been the chief supervisor or site commander or leader in designing the construction of the parts related to the contents of the application for the practice certificate for at least 01 work of grade II or higher or 02 works of grade III or higher in the field of application for the practice certificate.
3. Grade III: Having participated in supervising the construction or designing the construction or constructing the parts related to the contents of the application for the practice certificate for at least 01 work of grade III or higher or 02 works of grade IV or higher in the field of application for the practice certificate.

Article 72. Construction valuation practice certificates

1. Individuals granted construction valuation practice certificates may lead the implementation of tasks on construction investment cost management, including:

a) Formulating and verifying total construction investment; analyzing risks and evaluating investment efficiency of projects;

b) Determining the norms of investment capital, construction norms, construction costs, construction price indexes;

c) Quantity surveying;

d) Determining and verifying construction cost estimates;

dd) Determining bid package prices and contract prices in construction activities;

e) Controlling construction costs;

g) Making and verifying dossiers of payment and settlement of construction investment capital, converting the investment capital of construction works after acceptance and handover for use.

2. Individuals shall be considered for being granted construction valuation practice certificates when meeting the conditions specified in Articles 66 and 67 of this Decree and conditions corresponding to the following grades:

a) Grade I: Having led the implementation of one of the tasks on construction investment cost management for at least 01 project of group A or 02 projects of group B or higher, or 01 work of grade I or 02 works of grade II or higher;

b) Grade II: Having led the implementation of one of the tasks on construction investment cost management for at least 01 project of group B or 02 projects of group C or higher, or 01 work of grade II or 02 works of grade III or higher;

c) Grade III: Having participated in the implementation of one of the tasks on construction investment cost management for at least 01 project of group C or 02 projects requiring the formulation of an economic-technical report on construction investment or higher, or 01 work of grade III or higher or 02 works of grade IV or higher.

Article 73. Project management practice certificates

Individuals shall be considered for being granted project management practice certificates when meeting the conditions specified in Articles 66 and 67 of this Decree and conditions corresponding to the following grades:

1. Grade I: Having been the project management director for at least 01 project of group A or 02 projects of group B or higher in the field of application for the practice certificate; or having one of three corresponding types of practice certificates (grade I construction design; grade I construction supervision; grade I construction valuation) and having participated in managing at least 01 project of group A or 02 projects of group B or higher in the field of application for the practice certificate.
2. Grade II: Having been the project management director for 01 project of group B or 02 projects of group C or higher in the field of application for the practice certificate, or having one of three corresponding types of practice certificates (grade II construction design; grade II construction supervision; grade II construction valuation) and having participated in managing at least 01 project of group B or 02 projects of group C or 03 projects requiring the formulation of an economic-technical report or higher in the field of application for the practice certificate.
3. Grade III: Having participated in managing at least 01 project of group C or higher in the field of application for the practice certificate.

Article 74. Practice conditions for site commanders

1. Individuals assuming the position of site commander must meet the following conditions corresponding to the grades:

a) Grade I: Having a grade I construction supervision practice certificate or having been the site commander of the parts related to the practicing contents for at least 01 work of grade I or 02 works of grade II or higher of the same field;

b) Grade II: Having a grade II construction supervision practice certificate or having been the site commander of the parts related to the practicing contents for at least 01 work of grade II or 02 works of grade III or higher of the same field;

c) Grade III: Having a grade III construction supervision practice certificate or having directly participated in constructing the parts related to the practicing contents for at least 01 work of grade III or 02 works of grade IV or higher of the same field.

2. Scope of activities:

a) Grade I: May work as a site commander for all works in the field stated in the construction supervision practice certificate or in the field of works for which they have been a site commander;

b) Grade II: May work as a site commander for works of grade II or lower in the field stated in the construction supervision practice certificate or in the field of works for which they have been a site commander;

c) Grade III: May work as a site commander for works of grade III and IV in the field stated in the construction supervision practice certificate or in the field of works that they have participated in constructing.

Article 75. Practice conditions for construction inspection

1. Individuals assuming the position of leading quality inspection, determining the causes of damage or service life of construction work parts or works; leading inspection to determine the causes of construction work incidents must meet the following conditions corresponding to the grades:

a) Grade I: Having a grade I construction design practice certificate or having led the construction inspection of at least 01 work of grade I or 02 works of grade II or higher of the same type;

b) Grade II: Having a grade II construction design practice certificate or having led the construction inspection of at least 01 work of grade II or 02 works of grade III or higher of the same type;

c) Grade III: Having a grade III construction design practice certificate or having participated in the construction inspection of at least 01 work of grade III or higher or 02 works of grade IV or higher of the same type.

2. Scope of activities:

a) Grade I: May lead the construction inspection of all works of the same type;

b) Grade II: May lead the construction inspection of works of grade II or lower of the same type;

c) Grade III: May lead the construction inspection of works of grade III or lower of the same type.

Article 76. Application dossier for construction practice certificates

1. The application dossier for initial issuance, adjustment of grade, or renewal of practice certificates includes:

a) An application for the practice certificate made according to Form No. 01, Appendix IV of this Decree;

b) 02 4×6 cm color photos and a photo file with a white background of the applicant’s portrait taken within the last 06 months;

c) Diplomas issued by lawful training institutions suitable to the type and grade of the certificate being applied for;

For diplomas issued by foreign training institutions, they must be consular legalized copies in accordance with regulations and must have a Vietnamese translation that is notarized or authenticated in accordance with the provisions of Vietnamese law;

d) The practice certificate that has been issued by the competent agency in case of applying for grade adjustment or renewal of the practice certificate;

dd) Job assignment decisions of the organization to the individual or a document of the investor’s legal representative certifying the typical works that the individual has completed according to the declared contents. The certifier must take responsibility for the truthfulness of the certified contents. In case an individual practices independently, there must be contracts and acceptance records of the typical works that have been declared;

e) Legal papers on residence or work permits issued by competent Vietnamese agencies in case the individual is a foreigner;

g) A copy of the passed exam results in case of having taken the exam before submitting the application dossier for the practice certificate;

h) The documents specified at Points c, d, dd and e of this Clause must be certified copies or files containing color photos taken from the originals or copies, with the originals presented for comparison.

2. The application dossier for reissuance of practice certificates includes:

a) An application for the practice certificate made according to Form No. 01, Appendix IV of this Decree;

b) 02 4×6 cm color photos and a photo file with a white background of the applicant’s portrait taken within the last 06 months;

c) The original practice certificate that is still valid but damaged or contains incorrect information. In case of loss of the practice certificate, there must be a commitment of the applicant for reissuance;

d) The documents specified at Points c, dd and e, Clause 1 of this Article in case of reissuance of the certificate but the field of issuance has changed in contents as prescribed in this Decree;

dd) The documents specified at Points c and d of this Clause must be certified copies or files containing color photos taken from the originals or copies, with the originals presented for comparison.

3. The application dossier for adjustment or supplementation of practice certificate contents includes:

a) An application for the practice certificate made according to Form No. 01, Appendix IV of this Decree;

b) 02 4×6 cm color photos and a photo file with a white background of the applicant’s portrait taken within the last 06 months;

c) Documents related to the proposed adjustment or supplementation contents as prescribed in Clause 1 of this Article and the original practice certificate that has been issued.

4. The application dossier for conversion of practice certificates includes:

a) An application for conversion of the practice certificate made according to Form No. 03, Appendix IV of this Decree;

b) 02 4×6 cm color photos and a photo file with a white background of the applicant’s portrait taken within the last 06 months;

c) Copies of diplomas of training and practice certificates issued by foreign agencies or organizations that have been consular legalized, translated into Vietnamese, and notarized or authenticated in accordance with the provisions of Vietnamese law;

d) Certified copies or files containing color photos taken from the originals or copies, with the originals presented for comparison, of legal papers on residence or work permits issued by competent Vietnamese agencies as prescribed.

5. Individuals shall pay fees when submitting the application dossier for practice certificates. The collection, payment, management and use of fees for granting practice certificates shall comply with the regulations of the Ministry of Finance.

Article 77. Exams for construction practice certificates

1. Agencies competent to grant practice certificates are responsible for organizing exams for individuals applying for practice certificates. In case an individual wishes to register for the exam before submitting the application dossier for the practice certificate, they shall send the exam registration declaration made according to Form No. 02, Appendix IV of this Decree to the agency competent to grant practice certificates.
2. The exam shall be conducted monthly or irregularly as decided by the head of the certificate-granting agency. The agency competent to grant practice certificates shall notify the results of the appraisal of the application dossier for the practice certificate, the time and location of the exam at least 03 working days before the exam date.
3. The exam contents include a section of questions on legal knowledge and a section of questions on professional knowledge. In case an individual has a practice certificate that is still valid, when taking the exam, they are exempted from the contents on professional knowledge for the practicing field stated in the certificate.

Individuals applying for reissuance of practice certificates in case the practice certificates are still valid but lost or damaged are not required to take the exam.

4. Exam results shall be retained for 06 months from the exam date to serve as a basis for considering the granting of practice certificates.
5. The agency competent to grant practice certificates is responsible for arranging exam locations that meet the conditions on physical facilities for construction practice certificate exams, specifically as follows:

a) The exam location must have an exam area and a waiting and guidance area;

b) The exam area must have a minimum area sufficient to arrange tables, chairs and at least 10 computers for the exam;

c) The computer system must be in stable working condition, connected in a local area network (LAN) model, connected to a printer and the Internet. The Internet transmission line must have a signal transmission bandwidth sufficient to meet the number of computer systems in the exam area to ensure stability and uninterruption throughout the exam;

d) Surveillance camera system: Having surveillance cameras with a minimum resolution of 1280 x 720 (720P), capable of monitoring the exam area and storing data for at least 30 days from the exam date;

dd) Sound system: Having at least 01 loudspeaker to publicly announce information about the exam process;

e) Printer: Having at least 01 printer to print exam result sheets and 01 backup printer to use when necessary;

g) The exam software shall be uniformly transferred and used nationwide by the specialized construction agency under the Ministry of Construction.

6. Individuals shall pay fees when taking the exam for construction practice certificates. The collection, payment, management and use of exam fees for construction practice certificates shall comply with the regulations of the Ministry of Construction.

Article 78. Organization of exams for construction practice certificates

1. In case an individual applies for initial issuance; adjustment, supplementation of fields, or upgrade of the grade of practice certificates, the exam shall include 05 questions on legal knowledge (including general laws and construction laws according to each field) and 20 questions on professional knowledge related to the field of application for the practice certificate. The maximum score for each exam is 100 points, in which the maximum score for the professional experience section is 80 points and the maximum score for the legal knowledge section is 20 points. Individuals with an exam result of at least 16 points for the legal knowledge section and a total score of 80 points or more shall be considered to have met the requirements for being granted the practice certificate.
2. In case an individual is exempted from the exam on professional knowledge, the exam shall include 10 questions on legal knowledge. The maximum score for each exam is 40 points. Individuals with an exam result of 32 points or more shall be considered to have met the requirements for being granted the practice certificate.

Article 79. Council for appraising the granting of construction practice certificates

1. The head of the agency competent to grant practice certificates shall establish a council for appraising the granting of practice certificates to evaluate and grant practice certificates.
2. The structure and number of members of the council for appraising the granting of practice certificates shall be decided by the head of the agency competent to grant practice certificates.
3. The composition of the council for appraising the granting of practice certificates established by the specialized construction agency under the Ministry of Construction or the Department of Construction includes:

a) The chairperson of the council is a leader of the certificate-granting agency;

b) The standing member is a public servant or official of this agency;

c) Other members of the council are public servants or officials with professional qualifications suitable to the field of appraising the granting of practice certificates, and experts with professional qualifications in the field of appraising the granting of practice certificates when necessary.

4. The composition of the council for appraising the granting of practice certificates established by a socio-professional organization includes:

a) The chairperson of the council is a leader of the socio-professional organization;

b) The members of the council are members of the socio-professional organization.

5. The council operates on a part-time basis, according to the regulations decided and promulgated by the chairperson of the council.

Article 80. Procedures for granting and revoking construction practice certificates

1. For the case of granting construction practice certificates:

a) The individual shall send 01 set of the application dossier for the practice certificate as prescribed in Article 76 of this Decree via the online network or by post or submit it directly to the agency competent to grant practice certificates;

b) Within 20 days from the date of receiving the complete and valid dossier, the competent agency is responsible for granting the construction practice certificate for the case of initial issuance, adjustment of grade, adjustment or supplementation of contents, or renewal of the practice certificate; within 10 days for the case of reissuance of the practice certificate; within 25 days for the case of conversion of the practice certificate. In case the dossier is incomplete or invalid, the agency competent to grant practice certificates shall notify the individual applying for the practice certificate once in writing within 05 working days from the date of receiving the application dossier;

c) For individuals submitting the application dossier for the construction practice certificate but not yet having the exam results, the time limit for considering the granting of the practice certificate as prescribed at Point b, Clause 1 of this Article shall be calculated from the time of having the exam results.

2. For the case of revoking construction practice certificates:

a) Within 10 days from the date of receiving the inspection or examination conclusion, which contains a recommendation to revoke the practice certificate, or upon detecting or having grounds to determine one of the cases of revocation of practice certificates specified in Clause 2, Article 63 of this Decree, the agency competent to revoke practice certificates shall issue a decision to revoke the practice certificate; in case of non-revocation, it must provide a written opinion to the agency, organization or individual that recommended the revocation;

b) The agency competent to revoke practice certificates is responsible for sending the decision on revocation of the certificate to the individual whose certificate is revoked and posting it on its website; concurrently sending the information for integration on the website of the Ministry of Construction within 05 working days from the date of issuance of the decision;

c) The individual whose construction practice certificate is revoked must submit the original practice certificate to the agency that issued the revocation decision within 05 working days from the date of receiving the revocation decision;

d) In case a practice certificate is revoked due to incorrect information caused by the fault of the certificate-granting agency, the agency competent to revoke practice certificates is responsible for reissuing the practice certificate within 05 working days from the date of receiving the revoked practice certificate;

dd) In case an individual whose practice certificate is revoked fails to submit the certificate as prescribed, the competent agency shall issue a decision to annul the practice certificate, send it to the individual whose certificate is annulled, and post it on its website, concurrently sending the information for integration on the website of the Ministry of Construction.

Article 81. Recognition of socio-professional organizations eligible for granting construction practice certificates

1. A socio-professional organization shall be recognized as eligible for granting practice certificates when meeting the following requirements:

a) Having fields of activity related to construction activities, with a nationwide scope of activities;

b) Having been permitted by the competent state agency for establishment and having its charter approved;

c) Fully meeting the conditions on physical facilities for organizing exams.

2. The application dossier for recognition of eligibility for granting practice certificates:

a) An application for recognition made according to Form No. 01, Appendix V of this Decree;

b) A certified copy or a file containing a color photo taken from the original or a copy, with the original presented for comparison, of the document of the competent state management agency on the permission for establishment of the organization and the approval of its charter;

c) A declaration of physical facilities for exams.

3. The order and procedures for recognition of eligibility for granting practice certificates:

a) The socio-professional organization shall send 01 set of the dossier as prescribed in Clause 2 of this Article by post or directly to the Ministry of Construction for recognition;

b) Within 20 days from the date of receiving the complete and valid dossier, the Ministry of Construction shall consider and issue a decision recognizing the socio-professional organization as eligible for granting practice certificates. The recognition decision shall be sent to the socio-professional organization and posted on the website of the Ministry of Construction within 05 working days from the date of issuance of the decision.

Article 82. Revocation of the decision recognizing socio-professional organizations as eligible for granting construction practice certificates

1. A socio-professional organization shall have its decision recognizing eligibility for granting practice certificates revoked when falling into one of the following cases:

a) No longer meeting one of the conditions specified in Clause 1, Article 81 of this Decree;

b) Granting practice certificates for construction activity fields outside the recognized scope;

c) Granting practice certificates without proper authority;

d) Granting practice certificates to individuals who fail to meet the capacity requirements as prescribed.

2. The Ministry of Construction shall revoke the decision recognizing a socio-professional organization as eligible for granting practice certificates upon detecting or having grounds to determine that the socio-professional organization falls into one of the cases specified in Clause 1 of this Article. The consideration and decision on revocation of the decision recognizing a socio-professional organization as eligible for granting practice certificates shall be carried out within 15 days from the date of having sufficient grounds for revocation. The revocation decision shall be sent to the socio-professional organization and posted on the website of the Ministry of Construction. A socio-professional organization whose recognition decision has been revoked in the cases specified at Points b, c and d, Clause 1 of this Article may apply for recognition after 06 months from the date of the revocation decision. The issuance of the decision recognizing a socio-professional organization as eligible for granting practice certificates shall comply with the provisions in Article 81 of this Decree.

SECTION 2. CONDITIONS ON CONSTRUCTION CAPACITY OF ORGANIZATIONS

Article 83. Conditions on construction capacity

1. Organizations must meet the capacity conditions prescribed in this Decree when participating in construction activities in the following fields:

a) Construction survey;

b) Formulation of construction planning designs;

c) Construction design, design verification;

d) Consulting on management of construction investment projects;

dd) Construction of works;

e) Consulting on construction supervision;

g) Construction inspection;

h) Management of construction investment costs.

2. Organizations participating in construction activities in the fields specified from Point a to Point e, Clause 1 of this Article must have certificates of construction capacity (hereinafter referred to as capacity certificates), except for the cases specified in Clause 3 of this Article. The fields and scope of activities of capacity certificates shall comply with the provisions in Appendix VII of this Decree.
3. Organizations are not required to have capacity certificates as prescribed in this Decree when participating in the following tasks:

a) Performing project management tasks of specialized construction investment project management units, regional construction investment project management units (except for performing project management consulting as prescribed in Clause 4, Article 21 of this Decree); single-project construction investment project management units as prescribed in Article 22 of this Decree; investors organizing project management as prescribed in Article 23 of this Decree;

b) Designing, supervising and constructing fire prevention and firefighting according to the law on fire prevention and fighting;

c) Designing, supervising and constructing communication and telecommunication information systems in construction works;

d) Constructing the finishing of construction works such as plastering, tiling, painting, door installation, interior decoration and other similar tasks that do not affect the load-bearing structure of the works;

dd) Participating in construction activities for grade-IV works; parks and green trees, public lighting works; telecommunication signal transmission cable lines; projects with only the works mentioned in this point;

e) Carrying out construction activities of foreign organizations according to construction permits prescribed in Clause 2, Article 148 of the Construction Law in 2014.

4. Organizations participating in construction activities specified in Clause 1 of this Article must be enterprises as prescribed by the Enterprise Law in 2020 or organizations with the function of participating in construction activities established in accordance with law, with suitable business lines and meeting specific requirements for each field of construction activity as prescribed in this Decree.
5. Capacity certificates are valid for 10 years when initially granted or when the grade is adjusted or when the certificates are renewed. In case of adjusting or supplementing the contents of the certificates, or reissuing them due to the old certificates still being valid but lost, damaged or containing incorrect information, the validity period shall be stated according to the previously granted certificates.
6. Capacity certificates have the format and main contents according to Form No. 07, Appendix IV of this Decree.
7. Capacity certificates are managed through the capacity certificate number, including 02 groups of symbols, connected by a hyphen (-), specifically as follows:

a) The first group: Having a maximum of 03 characters indicating the place of issuance of the certificate as prescribed in Appendix VIII of this Decree;

b) The second group: The capacity certificate code.

8. The Ministry of Construction shall uniformly manage the granting and revocation of capacity certificates; manage the issuance of capacity certificate codes; publicly disclose the list of organizations granted certificates on its website; organize the online procedures for granting capacity certificates.

Article 84. Granting, revoking and renewing construction capacity certificates

1. Capacity certificates are granted to organizations in one of the following cases:

a) Initial granting of capacity certificates; adjustment of capacity certificate grades;

b) Adjustment or supplementation of the contents of capacity certificates;

c) Reissuance when the old capacity certificates are still valid but lost, damaged or contain incorrect information;

d) Renewal of capacity certificates.

2. Capacity certificates shall be revoked when falling into one of the following cases:

a) The organization granted the capacity certificate terminates construction activities, dissolves or goes bankrupt;

b) No longer meeting all the conditions on construction capacity as prescribed;

c) Falsifying documents in the application dossier for the issuance or reissuance of capacity certificates;

d) Allowing other organizations or individuals to use the capacity certificates;

dd) Modifying or erasing, causing alterations to the contents of capacity certificates;

e) The capacity certificates are granted by an agency without authority;

g) The capacity certificates contain incorrect information due to the fault of the certificate-granting agency;

h) The capacity certificates are granted when the capacity conditions are not fully met as prescribed.

3. Organizations whose capacity certificates have been revoked in the cases specified at Points c, d and dd, Clause 2 of this Article may apply for capacity certificates after 12 months from the date of the decision on revocation of capacity certificates. The order and procedures for granting capacity certificates shall be carried out as in the case of granting capacity certificates specified at Point a, Clause 1 of this Article.

Organizations whose capacity certificates have been revoked in the case specified at Point g, Clause 2 of this Article shall be reissued capacity certificates according to the order and procedures prescribed in Clause 2, Article 90 of this Decree.

4. Organizations shall carry out the renewal of capacity certificates within 03 months until the expiry date of the capacity certificates. After this time limit, if organizations wish to continue construction activities, they shall apply for capacity certificates as in the case specified at Point a, Clause 1 of this Article.

Article 85. Rights and obligations of organizations applying for capacity certificates

1. Organizations applying for capacity certificates have the following rights:

a) To request the provision of information on the granting of capacity certificates;

b) To carry out construction activities nationwide according to the contents specified in the granted capacity certificates;

c) To complain and denunciate acts of violating the provisions of the law on granting and using capacity certificates.

2. Organizations applying for capacity certificates have the following obligations:

a) To make truthful declarations in the application dossier for capacity certificates as prescribed; to take responsibility before the law for the accuracy and legality of the documents in the dossier provided when applying for certificates; to pay fees as prescribed;

b) To operate in accordance with the fields and scope of activities stated in the granted capacity certificates, to comply with the provisions of the construction law and other relevant laws;

c) To maintain and ensure the conditions on operating capacity of the organizations according to the granted capacity certificates;

d) Not to erase or modify capacity certificates;

dd) The legal representative of the organization shall present capacity certificates and comply with inspection requests when required by competent agencies.

Article 86. Authority to grant and revoke construction capacity certificates

1. Authority to grant capacity certificates:

a) The specialized construction agency under the Ministry of Construction shall grant grade-I capacity certificates;

b) The Department of Construction and recognized socio-professional organizations shall grant grade-II and grade-III capacity certificates.

2. The agency competent to grant capacity certificates has the authority to revoke the capacity certificates it has granted.

In case a capacity certificate is granted not in accordance with regulations but the agency competent to grant capacity certificates does not revoke it, the Ministry of Construction shall directly decide to revoke the capacity certificate.

Article 87. Application dossier for construction capacity certificates

1. The application dossier for initial issuance or adjustment of the grade of capacity certificates includes:

a) An application for the capacity certificate made according to Form No. 04, Appendix IV of this Decree;

b) The decision on establishment of the organization in case there is such a decision;

c) The decision on recognition of the organization’s specialized construction testing laboratory or the in-principle contract on association in performing testing work for construction survey with a recognized specialized construction testing laboratory (for organizations applying for certificates of capacity for engineering geological survey);

d) Practice certificates enclosed with a declaration and self-determination of certificate grades made according to Form No. 05, Appendix IV of this Decree or declaration of the practice certificate codes in case practice certificates have been granted under the provisions of the Construction Law in 2014 for the positions required to have practice certificates; diplomas of individuals participating in the work;

dd) The capacity certificate that has been granted by the competent agency in case of applying for adjustment of the capacity certificate grade;

e) Contracts and acceptance records of completed work according to the declared contents (for organizations of construction survey, formulation of construction planning designs, construction design, construction design verification, consulting on management of construction investment projects, consulting on construction supervision of grade I and grade II);

g) Contracts; acceptance records of completion of construction of work items, construction works or work parts (in case of performing specialized construction tasks) according to the declared contents (for construction contractors of grade I and grade II);

h) The documents specified at Points b, c, d, dd, e and g of this Clause must be certified copies or electronic copies with legal validity.

2. The application dossier for renewal or reissuance of capacity certificates includes an application for the capacity certificate made according to Form No. 04, Appendix IV of this Decree and the original capacity certificate that has been granted. In case of loss of the capacity certificate, there must be a commitment of the organization applying for reissuance.
3. The application dossier for adjustment or supplementation of capacity certificate contents includes an application for the capacity certificate made according to Form No. 04, Appendix IV of this Decree, the original capacity certificate that has been granted, and certified copies or electronic copies with legal validity of documents related to the proposed adjustment or supplementation contents as prescribed in Clause 1 of this Article.
4. Organizations shall pay fees when submitting the application dossier for capacity certificates. The collection, payment, management and use of fees for granting capacity certificates shall comply with the regulations of the Ministry of Finance.

Article 88. Council for appraising the granting of construction capacity certificates

1. The head of the agency competent to grant capacity certificates shall establish a council for appraising the granting of capacity certificates to evaluate and grant capacity certificates.
2. The structure and number of members of the council for appraising the granting of capacity certificates shall be decided by the head of the agency competent to grant capacity certificates.
3. The composition of the council for appraising the granting of capacity certificates established by the specialized construction agency under the Ministry of Construction or the Department of Construction includes:

a) The chairperson of the council is a leader of the certificate-granting agency;

b) The standing member is a public servant or official of this agency;

c) Other members of the council are public servants or officials with professional qualifications suitable to the field of appraising the granting of capacity certificates, and experts with professional qualifications in the field of appraising the granting of capacity certificates when necessary.

4. The composition of the council for appraising the granting of practice certificates established by a socio-professional organization includes:

a) The chairperson of the council is a leader of the socio-professional organization;

b) The members of the council are members of the socio-professional organization.

5. The council operates on a part-time basis, according to the regulations decided and promulgated by the chairperson of the council.

Article 89. Evaluation for granting construction capacity certificates

1. The agency competent to grant capacity certificates shall decide to grant construction capacity certificates after having the evaluation results of the council for appraising the granting of construction capacity certificates.
2. The construction capacity of organizations shall be evaluated according to the criteria of meeting the conditions on construction capacity as prescribed in this Decree.
3. Each individual in an organization may assume one or more positions required to have practice certificates and participate in performing tasks when meeting the corresponding capacity conditions as prescribed. In case an organization only has individuals assuming positions required to have practice certificates in one or a number of fields, types or parts, the evaluation shall be carried out in accordance with Clause 4 of this Article.
4. Individuals required to have practice certificates and individuals assuming the position of site commander who are employees of the organization according to the provisions of the labor law shall be determined to meet the requirements for the field or type of application for capacity certificates as follows:

a) For construction survey organizations: Individuals assuming the position of construction survey manager must have a construction survey practice certificate of a grade suitable to the field of application for the capacity certificate of the organization. In case an individual has a practice certificate for a construction survey field, only the capacity certificate for that construction survey field shall be considered for granting;

b) For organizations formulating construction planning designs: Individuals assuming the position of manager or leader in designing construction planning and technical infrastructure and transportation of the construction planning scheme must have a construction planning design practice certificate suitable to the grade of application for the capacity certificate of the organization;

c) For organizations of construction design and construction design verification:

For the field of construction design and construction design verification of civil and industrial works: Individuals assuming the position of construction design manager or leader in designing and verifying the design of the parts of architecture, structure of works, mechanical-electrical of works, water supply and drainage of works of the construction design must have construction design practice certificates including: architectural design; structural design of works, mechanical-electrical design of works, water supply and drainage design of works suitable to the assigned tasks and the grade of application for the capacity certificate of the organization. In case individuals assuming the position of leader for one or a number of parts of the construction design only have practice certificates for those parts, only the capacity certificate for the construction design contents of those parts shall be considered for granting.

For the field of construction design and construction design verification of transportation works: Individuals assuming the position of construction design manager or leader in designing and verifying the construction design must have construction design practice certificates for transportation works suitable to the type of works and the grade of application for the capacity certificate of the organization.

For the field of construction design and construction design verification of agricultural and rural development works: Individuals assuming the position of construction design manager or leader in designing and verifying the construction design must have construction design practice certificates for agricultural and rural development works suitable to the type of works and the grade of application for the capacity certificate of the organization.

For the field of construction design and construction design verification of technical infrastructure works: Individuals assuming the position of construction design manager or leader in designing and verifying the construction design must have construction design practice certificates for technical infrastructure works and structural design of works suitable to the type of works and the grade of application for the capacity certificate of the organization;

d) For organizations consulting on project management: Individuals assuming the position of project management director must have project management practice certificates suitable to the grade of application for the capacity certificate of the organization; individuals in charge of professional fields must have practice certificates in construction supervision and construction valuation suitable to the group of projects, grade of works, assigned tasks and the grade of application for the capacity certificate of the organization;

dd) For organizations of construction supervision: Individuals assuming the position of chief supervisor and supervisor must have construction supervision practice certificates suitable to the field and grade of application for the capacity certificate of the organization. In case an individual only has a practice certificate for a construction supervision field, only the capacity certificate for that construction supervision field shall be considered for granting;

e) For construction contractors: Individuals assuming the position of site commander must meet the conditions specified in Article 74 of this Decree. In case an organization declares individuals assuming the position of site commander who have practice certificates for a construction supervision field or only have experience as a site commander for construction tasks or equipment installation tasks, the capacity certificate shall be considered for granting for that construction field.

5. Individuals participating in performing tasks in an organization who are employees of the organization according to the provisions of the labor law shall be determined to meet the requirements for the field or type of application for capacity certificates when having professional qualifications corresponding to the assigned tasks as prescribed in Article 67 of this Decree. Particularly, individuals in charge of construction must have professional qualifications corresponding to the professional qualifications of individuals applying for construction supervision practice certificates.
6. The experience of an organization shall be determined to be suitable when the tasks performed according to the declared contents are accepted as prescribed, carried out in accordance with the fields of activity, capacity grades and within the validity period of the granted capacity certificates. In case the experience of an organization is acquired during the period when capacity certificates are not required, it must be suitable to the registered business lines. Organizations applying for grade-III construction capacity certificates are not required to prove their experience in performing tasks.

In case an organization only carries out construction activities for specialized construction tasks, it shall be evaluated for being granted construction capacity certificates for construction works of those specialized construction tasks.

Article 90. Procedures for granting and revoking construction capacity certificates

1. For the case of granting capacity certificates:

a) The organization shall submit 01 set of the application dossier for the capacity certificate as prescribed in Article 87 of this Decree via the online network or by post or directly to the agency competent to grant capacity certificates;

b) Within 20 days from the date of receiving the complete and valid dossier, the agency competent to grant capacity certificates is responsible for granting the capacity certificate for the case of initial issuance, adjustment of grade, adjustment or supplementation of the capacity certificate; within 10 days for the case of reissuance of the capacity certificate. In case the dossier is incomplete or invalid, the agency competent to grant capacity certificates shall notify the organization applying for the capacity certificate once in writing within 05 working days from the date of receiving the application dossier.

2. For the case of revoking capacity certificates:

a) Within 10 days from the date of receiving the inspection or examination conclusion, which contains a recommendation to revoke the capacity certificate, or upon detecting or having grounds to determine one of the cases of revocation of capacity certificates specified in Clause 2, Article 84 of this Decree, the agency competent to revoke capacity certificates shall issue a decision to revoke the capacity certificate; in case of non-revocation, it must provide a written opinion to the agency, organization or individual that recommended the revocation;

b) The agency competent to revoke capacity certificates is responsible for sending the decision on revocation of the certificate to the organization whose certificate is revoked and posting it on its website; concurrently sending the information for integration on the website of the Ministry of Construction within 05 working days from the date of issuance of the decision;

c) The organization whose capacity certificate is revoked must submit the original capacity certificate to the agency that issued the revocation decision within 05 working days from the date of receiving the revocation decision;

d) In case a capacity certificate is revoked due to incorrect information caused by the fault of the certificate-granting agency, the agency competent to revoke capacity certificates is responsible for reissuing the capacity certificate within 05 working days from the date of receiving the revoked capacity certificate;

dd) In case an organization whose capacity certificate is revoked fails to submit the certificate as prescribed, the competent agency shall issue a decision to annul the capacity certificate, send it to the organization whose certificate is annulled, and post it on its website; concurrently sending the information for integration on the website of the Ministry of Construction.

Article 91. Capacity conditions for construction survey organizations

1. General conditions for the grades are as follows:

a) Having a testing laboratory or a written agreement or in-principle contract on association in performing testing work with a recognized construction survey testing laboratory in accordance with regulations for the field of engineering geological survey;

b) Having machinery and equipment or the ability to mobilize machinery and equipment for survey work in the field of application for the capacity certificate.

2. Grade I:

a) The individual assuming the position of survey manager has a grade-I construction survey practice certificate suitable to the field of application for the capacity certificate;

b) Individuals participating in survey have professional qualifications suitable to the type of construction survey of registration for the capacity certificate;

c) Having performed construction survey for at least 01 project of group A or 02 projects of group B or higher, or 01 work of grade I or 02 works of grade II or higher of the same type of survey.

3. Grade II:

a) The individual assuming the position of survey manager has a construction survey practice certificate of grade II or higher suitable to the field of application for the capacity certificate;

b) Individuals participating in survey have professional qualifications suitable to the type of construction survey of registration for the capacity certificate;

c) Having performed construction survey for at least 01 project of group B or 02 projects of group C or 03 projects requiring the formulation of an economic-technical report or higher, or 01 work of grade II or 02 works of grade III or higher of the same type of survey.

4. Grade III:

a) The individual assuming the position of survey manager has a construction survey practice certificate of grade III or higher suitable to the field of application for the capacity certificate;

b) Individuals participating in survey have professional qualifications suitable to the type of construction survey of registration for the capacity certificate.

Article 92. Capacity conditions for organizations formulating construction planning designs

Organizations formulating construction planning designs must meet the following conditions corresponding to the capacity grades:

1. Grade I:

a) Individuals assuming the position of manager or leader in the professional fields of construction planning, technical infrastructure, and transportation of the planning scheme have grade-I construction planning design practice certificates suitable to the assumed professional fields;

b) Having formulated at least 01 construction planning scheme under the authority and approved by the Prime Minister, or 02 construction planning schemes (of which at least 01 scheme is an inter-district regional construction planning or district regional construction planning or general planning) under the authority and approved by the provincial People’s Committee.

2. Grade II:

a) Individuals assuming the position of manager or leader in the professional fields of construction planning, technical infrastructure, and transportation of the planning scheme have construction planning design practice certificates of grade II or higher suitable to the assumed professional fields;

b) Having formulated at least 01 construction planning scheme under the authority and approved by the provincial People’s Committee, or 02 construction planning schemes under the authority and approved by the district-level People’s Committee.

3. Grade III:

Individuals assuming the position of manager or leader in the professional fields of construction planning, technical infrastructure, and transportation of the planning scheme have construction planning design practice certificates of grade III or higher suitable to the assumed professional fields.

Article 93. Capacity conditions for construction design and design verification organizations

Organizations participating in construction design and design verification activities must meet the following conditions corresponding to the capacity grades:

1. Grade I:

a) Individuals assuming the position of manager or leader in designing and verifying the construction design of the parts of the construction design have grade-I practice certificates suitable to the assumed professional fields;

b) Individuals participating in construction design and design verification have professional qualifications suitable to the field and type of works of registration for the capacity certificate;

c) Having performed construction design or design verification for at least 01 work of grade I or higher or 02 works of grade II or higher of the same type.

2. Grade II:

a) Individuals assuming the position of manager or leader in designing and verifying the construction design of the parts of the construction design have practice certificates of grade II or higher suitable to the assumed professional fields;

b) Individuals participating in construction design and design verification have professional qualifications suitable to the field and type of works of registration for the capacity certificate;

c) Having performed construction design or design verification for at least 01 work of grade II or higher or 02 works of grade III or higher of the same type.

3. Grade III:

a) Individuals assuming the position of manager or leader in designing and verifying the construction design of the parts of the construction design have practice certificates of grade III or higher suitable to the assumed professional fields;

b) Individuals participating in construction design and design verification have professional qualifications suitable to the field and type of works of registration for the capacity certificate.

Article 94. Capacity conditions for organizations consulting on construction investment project management

Organizations participating in consulting activities on construction investment project management must meet the following conditions corresponding to the capacity grades:

1. Grade I:

a) The individual assuming the position of project management director has a grade-I project management practice certificate;

b) Individuals in charge of professional fields must have grade-I practice certificates in construction supervision and construction valuation suitable to the assigned tasks;

c) Individuals participating in project management have professional qualifications suitable to the assigned tasks;

d) Having performed project management for at least 01 project of group A or 02 projects of group B or higher.

2. Grade II:

a) The individual assuming the position of project management director has a project management practice certificate of grade II or higher;

b) Individuals in charge of professional fields must have practice certificates of grade II or higher in construction supervision and construction valuation suitable to the assigned tasks;

c) Individuals participating in project management have professional qualifications suitable to the assigned tasks;

d) Having performed project management for at least 01 project of group B or higher or 02 projects of group C or higher.

3. Grade III:

a) The individual assuming the position of project management director has a project management practice certificate of grade III or higher;

b) Individuals in charge of professional fields must have practice certificates of grade III or higher in construction supervision and construction valuation suitable to the assigned tasks;

c) Individuals participating in project management have professional qualifications suitable to the assigned tasks.

Article 95. Capacity conditions for construction contractors

Organizations participating in construction contracting activities must meet the following conditions corresponding to the capacity grades:

1. Grade I:

a) The individual assuming the position of site commander must meet the conditions of a grade-I site commander suitable to the assumed professional field;

b) Individuals in charge of construction in professional fields have a university degree or vocational college degree suitable to the assigned tasks and at least 03 years of working experience for a university degree, 05 years for a vocational college degree;

c) Having the ability to mobilize a sufficient number of main machinery and equipment to meet the requirements of constructing works suitable to the assumed participating tasks;

d) Having directly constructed work items, works or work parts (in case of performing specialized construction tasks) related to the contents of the application for the certificate of at least 01 work of grade I or higher or 02 works of grade II or higher of the same type in case of performing construction tasks;

dd) Having directly installed equipment of work items or works related to the contents of the application for the certificate of at least 01 work of grade I or higher or 02 works of grade II or higher in case of performing equipment installation for works.

2. Grade II:

a) The individual assuming the position of site commander must meet the conditions of a site commander of grade II or higher suitable to the assumed professional field;

b) Individuals in charge of construction in professional fields have a university degree or vocational college degree suitable to the assigned tasks and at least 01 year of working experience for a university degree, 03 years for a vocational college degree;

c) Having the ability to mobilize a sufficient number of main machinery and equipment to meet the requirements of constructing works suitable to the assumed participating tasks;

d) Having directly constructed work items, works or work parts (in case of performing specialized construction tasks) related to the contents of the application for the certificate of at least 01 work of grade II or higher or 02 works of grade III or higher of the same type in case of performing construction tasks;

dd) Having directly installed equipment of work items or works related to the contents of the application for the certificate of at least 01 work of grade II or higher or 02 works of grade III or higher in case of performing equipment installation for works.

3. Grade III:

a) The individual assuming the position of site commander must meet the conditions of a site commander of grade III or higher suitable to the assumed professional field;

b) Individuals in charge of construction in professional fields have a university degree or vocational college degree suitable to the assigned tasks;

c) Having the ability to mobilize a sufficient number of main machinery and equipment to meet the requirements of constructing works suitable to the assumed participating tasks.

Article 96. Capacity conditions for organizations consulting on construction supervision

Organizations participating in consulting activities on construction supervision must meet the following conditions corresponding to the capacity grades:

1. Grade I:

a) The individual assuming the position of chief supervisor has a grade-I construction supervision practice certificate, supervisors have construction supervision practice certificates suitable to the type of works of registration for the capacity certificate;

b) Having supervised the construction tasks of at least 01 work of grade I or higher or 02 works of grade II or higher of the same type of works of registration for the capacity certificate for the field of construction supervision;

c) Having supervised the installation of equipment into at least 01 work of grade I or higher or 02 works of grade II or higher for the field of supervision of equipment installation into works.

2. Grade II:

a) The individual assuming the position of chief supervisor has a construction supervision practice certificate of grade II or higher, supervisors have construction supervision practice certificates suitable to the type of works of registration for the capacity certificate;

b) Having supervised the construction tasks of at least 01 work of grade II or higher or 02 works of grade III or higher of the same type of works of registration for the capacity certificate for the field of construction supervision;

c) Having supervised the installation of equipment into at least 01 work of grade II or higher or 02 works of grade III or higher for the field of supervision of equipment installation into works.

3. Grade III:

The individual assuming the position of chief supervisor has a construction supervision practice certificate of grade III or higher, supervisors have construction supervision practice certificates suitable to the type of works and field of construction supervision of registration for the capacity certificate.

Article 97. Capacity conditions for construction inspection organizations

1. Organizations participating in activities of quality inspection, determination of causes of damage and service life of construction work parts and works, inspection to determine the causes of construction work incidents must meet the following conditions corresponding to the capacity grades:

a) Grade I:

• The individual leading the construction inspection must meet the conditions for practicing construction inspection of grade I;
• Individuals participating in construction inspection must have professional qualifications suitable to the construction inspection tasks;
• Having performed construction inspection for at least 01 work of grade I or higher or 02 works of grade II or higher of the same type.

b) Grade II:

• The individual leading the construction inspection must meet the conditions for practicing construction inspection of grade II or higher;
• Individuals participating in construction inspection must have professional qualifications suitable to the construction inspection tasks;
• Having performed construction inspection for at least 01 work of grade II or higher or 02 works of grade III or higher of the same type.

c) Grade III:

• The individual leading the construction inspection must meet the conditions for practicing construction inspection of grade III;
• Individuals participating in construction inspection must have professional qualifications suitable to the construction inspection tasks.

1. Scope of activities:

a) Grade I: May perform construction inspection for all grades of works of the same type;

b) Grade II: May perform construction inspection for works of grade II or lower of the same type;

c) Grade III: May perform construction inspection for works of grade III or lower of the same type.

3. Organizations participating in activities of quality inspection of construction materials, components and products must meet the following conditions:

a) They must use specialized construction testing laboratories with tests recognized by competent agencies suitable to the contents of inspection;

b) Individuals performing inspection have professional qualifications suitable to the construction inspection tasks.

Article 98. Capacity conditions for organizations consulting on management of construction investment costs

1. Organizations participating in activities of management of construction investment costs must meet the following conditions corresponding to the capacity grades:

a) Grade I:

• The individual leading the management of construction investment costs must have a grade-I construction valuation practice certificate;
• Individuals participating in the management of construction investment costs must have professional qualifications suitable to the tasks of management of construction investment costs;
• Having performed cost management for at least 01 project of group A or 02 projects of group B or higher.

b) Grade II:

• The individual leading the management of construction investment costs must have a construction valuation practice certificate of grade II or higher;
• Individuals participating in the management of construction investment costs must have professional qualifications suitable to the tasks of management of construction investment costs;
• Having performed management of construction investment costs for at least 01 project of group B or higher or 02 projects of group C or 03 projects requiring the formulation of an economic-technical report or higher.

c) Grade III:

• The individual leading the management of construction investment costs must have a construction valuation practice certificate of grade III or higher;
• Individuals participating in the management of construction investment costs must have professional qualifications suitable to the tasks of management of construction investment costs.

1. Scope of activities:

a) Grade I: May perform tasks related to the management of construction investment costs for all projects;

b) Grade II: May perform tasks related to the management of construction investment costs for projects of group B or lower;

c) Grade III: May perform tasks related to the management of construction investment costs for projects of group C and projects only requiring the formulation of an economic-technical report on construction investment.

Article 99. Posting of information on capacity of organizations and individuals participating in construction activities

1. Information on construction capacity of organizations and individuals participating in construction activities that have been granted certificates must be publicly posted on the website managed by the certificate-granting agency and integrated on the website of the Ministry of Construction.
2. Procedures for posting information on construction capacity:

The agency competent to grant certificates is responsible for posting information on the construction capacity of organizations and individuals on the website managed by it, and at the same time sending the information to the specialized construction agency under the Ministry of Construction for integration on the website of the Ministry of Construction.

The time limit for posting information on construction capacity shall not exceed 05 working days from the date of granting the certificates. The time limit for integrating the information on the website of the Ministry of Construction shall not exceed 03 working days from the date of receiving the information from the agency competent to grant certificates.

Article 100. Recognition of socio-professional organizations as eligible for granting construction capacity certificates

1. A socio-professional organization shall be recognized as eligible for granting capacity certificates when meeting the following requirements:

a) Having fields of activity related to construction activities, with a nationwide scope of activities;

b) Having been permitted by the competent state agency for establishment and having its charter approved.

2. The application dossier for recognition of eligibility for granting capacity certificates includes:

a) An application for recognition made according to Form No. 02, Appendix V of this Decree;

b) A certified copy or an electronic copy with legal validity of the document of the competent state management agency on the permission for establishment of the organization and the approval of its charter.

3. The order and procedures for recognition of eligibility for granting capacity certificates:

a) The socio-professional organization shall submit 01 set of the dossier as prescribed in Clause 2 of this Article to the Ministry of Construction for recognition;

b) Within 20 days from the date of receiving the complete and valid dossier, the Ministry of Construction shall consider and issue a decision recognizing the socio-professional organization as eligible for granting capacity certificates. The recognition decision shall be sent to the socio-professional organization and posted on the website of the Ministry of Construction within 05 working days from the date of issuance of the decision.

Article 101. Revocation of the decision recognizing socio-professional organizations as eligible for granting construction capacity certificates

1. A socio-professional organization shall have its decision recognizing eligibility for granting capacity certificates revoked when falling into one of the following cases:

a) No longer meeting one of the conditions specified in Clause 1, Article 100 of this Decree;

b) Granting capacity certificates for construction activity fields outside the recognized scope;

c) Granting capacity certificates without proper authority;

d) Granting capacity certificates to organizations that fail to meet the capacity requirements as prescribed.

2. The Ministry of Construction shall revoke the decision recognizing a socio-professional organization as eligible for granting capacity certificates upon detecting or having grounds to determine that the socio-professional organization falls into one of the cases specified in Clause 1 of this Article. The consideration and decision on revocation of the decision recognizing a socio-professional organization as eligible for granting capacity certificates shall be carried out within 15 days from the date of having sufficient grounds for revocation. The revocation decision shall be sent to the socio-professional organization and posted on the website of the Ministry of Construction. A socio-professional organization whose recognition decision has been revoked in the cases specified at Points b, c and d, Clause 1 of this Article may apply for recognition after 06 months from the date of the revocation decision. The issuance of the decision recognizing a socio-professional organization as eligible for granting capacity certificates shall comply with the provisions in Article 100 of this Decree.

SECTION 3. CONSTRUCTION PERMITS FOR FOREIGN CONTRACTORS

Article 102. Principles for managing activities of foreign contractors

1. Foreign contractors may only carry out construction activities in Vietnam after being granted construction permits by the state management agency in charge of construction.
2. Activities of foreign contractors in Vietnam must comply with the provisions of Vietnamese law and relevant international treaties to which Vietnam is a signatory or participant.

Article 103. Conditions for granting construction permits

1. A foreign contractor shall be granted a construction permit when it has a decision on bid winning or selection by the investor/main (sub-)contractor.
2. A foreign contractor must form a joint venture with a Vietnamese contractor or use a Vietnamese sub-contractor, except when domestic contractors do not have sufficient capacity to participate in any of the tasks of the bidding package. When forming a joint venture or using a Vietnamese contractor, it is necessary to clearly define the contents, quantity and value of the work portion performed by the Vietnamese contractor in the joint venture or the Vietnamese sub-contractor.
3. A foreign contractor must commit to fully comply with relevant provisions of Vietnamese law on bidding activities in Vietnam.

Article 104. Application dossier and authority to grant construction permits

1. A foreign contractor shall directly submit or send by post 01 set of the dossier to the agency granting construction permits, including:

a) An application for the construction permit made according to Form No. 01 or Form No. 04, Appendix IV of this Decree;

b) A certified copy or an electronic copy of the legal bidding result or contractor selection decision;

c) A certified copy or an electronic copy of the establishment license or the business registration certificate for organizations and practice certificates (if any) granted by the country of nationality of the foreign contractor;

d) A report on experience in activities related to the bidding tasks and a certified copy or an electronic copy of the summary report on financial audit in the last 03 years (for cases not implemented in accordance with the law on bidding);

dd) A certified copy or an electronic copy of the joint venture contract with the Vietnamese contractor or the official contract or in-principle contract with the Vietnamese sub-contractor to perform the bidding tasks (already included in the bidding dossier or bid dossier);

e) A valid power of attorney for the person who is not the legal representative of the contractor;

g) A certified copy or an electronic copy of the decision approving the project or the investment decision or the investment certificate of the project/work.

2. The application for the construction permit must be made in Vietnamese. The establishment license or business registration certificate of a foreign country must be consular legalized, except where international treaties to which Vietnam and relevant countries are signatories have provisions on exemption from consular legalization. The documents specified at Points b, c, dd and e, Clause 1 of this Article, if in a foreign language, must be translated into Vietnamese and the translations must be notarized or authenticated in accordance with the provisions of Vietnamese law.
3. Authority to grant construction permits:

a) The specialized construction agency under the Ministry of Construction shall grant construction permits to foreign contractors performing contracts of national important projects, group-A projects, construction investment projects in two or more provinces;

b) The Department of Construction shall grant construction permits to foreign contractors performing contracts of group-B and group-C projects invested in construction in the administrative area of the province.

Article 105. Validity period and fees for granting construction permits

1. The specialized construction agency specified in Clause 3, Article 104 of this Decree shall appraise the dossier to grant construction permits to foreign contractors within 20 days from the date of receiving the complete dossier as prescribed in Article 104 of this Decree. In case of non-granting, the agency competent to grant construction permits must reply in writing to the contractor and clearly state the reasons.
2. When receiving a construction permit, a foreign contractor must pay fees in accordance with regulations of the Ministry of Finance.
3. A construction permit shall become invalid in the following cases:

a) The contract has been completed and liquidated;

b) The contract is no longer valid when the foreign contractor is suspended from operation, dissolved, goes bankrupt or for other reasons as prescribed by Vietnamese law and the law of the country of nationality of the contractor.

Article 106. Revocation of construction permits

1. A foreign contractor shall have its construction permit revoked when falling into one of the following cases:

a) Falsifying documents in the application dossier for the construction permit;

b) Modifying or erasing, causing alterations to the contents of the construction permit;

c) The construction permit contains incorrect information due to the fault of the permit-granting agency;

d) The construction permit is granted by an agency without authority.

2. Authority to revoke construction permits:

a) The agency competent to grant construction permits has the authority to revoke the construction permits it has granted;

b) In case a construction permit is granted not in accordance with regulations but the agency competent to grant construction permits does not revoke it, the Ministry of Construction shall directly decide to revoke the construction permit.

3. Procedures for revoking construction permits:

a) Within 10 days from the date of receiving the inspection conclusion or examination document of the state management agency in charge of construction, which contains a recommendation to revoke the construction permit, or upon detecting or having grounds to determine one of the cases of revocation of construction permits specified in Clause 1 of this Article, the agency competent to revoke construction permits shall issue a decision to revoke the construction permit; in case of non-revocation, it must provide a written opinion to the recommending agency;

b) The agency competent to revoke construction permits is responsible for sending the decision on revocation of the construction permit to the organization or individual whose permit is revoked; concurrently sending it to the investor and relevant agencies for information;

c) The organization or individual whose construction permit is revoked must submit the original construction permit to the agency that issued the revocation decision within 05 working days from the date of receiving the revocation decision;

d) In case a construction permit is revoked due to incorrect information caused by the fault of the permit-granting agency, the agency competent to revoke construction permits is responsible for reissuing the construction permit within 05 working days from the date of receiving the revoked construction permit; for violations specified at Points a and b, Clause 1 of this Article, the agency competent to grant construction permits to foreign contractors shall only consider granting the permit after 12 months from the date of issuance of the revocation decision;

dd) In case an organization or individual whose construction permit is revoked fails to submit the construction permit as prescribed, the competent agency shall issue a decision to annul the construction permit, send it to the organization/individual whose construction permit is annulled, and concurrently send the information to the investor and relevant agencies for information.

Article 107. Rights and obligations of foreign contractors

1. Foreign contractors have the following rights:

a) To request competent agencies to guide the preparation of dossiers for applying for construction permits and other issues related to the contractors’ activities as prescribed in this Decree;

b) To complain and denunciate violations of organizations and individuals performing tasks prescribed in this Decree;

c) To have their legitimate business interests in Vietnam protected according to the granted construction permits.

2. Foreign contractors have the following obligations:

a) To establish an executive office at the project location after being granted a construction permit; to register the address, telephone number, fax number, email, seal, account, and tax code of the executive office. For contracts on formulation of construction planning, formulation of construction investment projects, construction survey, construction design, foreign contractors may establish an executive office at the registered headquarters of the investor or not establish an executive office in Vietnam. For contracts on construction and construction supervision of works passing through many provinces, foreign contractors may establish an executive office in a locality where the works pass through to perform the tasks. The executive office shall only exist during the contract execution period and be dissolved when the contract expires;

b) To register and cancel seal specimens, submit seals when the contract is completed in accordance with law. Foreign contractors may only use these seals in tasks serving the contract execution in Vietnam as prescribed in the construction permits;

c) To register and pay taxes in accordance with Vietnamese law, implement the accounting regime, open accounts, and make payments according to the guidance of the Ministry of Finance and the State Bank of Vietnam to serve business activities under the contracts;

d) To implement the recruitment and employment of Vietnamese and foreign workers in accordance with Vietnamese labor law; to only be allowed to register to bring into Vietnam economic management experts, technical management experts and highly skilled workers that Vietnam is unable to meet the demand;

dd) To carry out procedures for export and import of materials, machinery and equipment related to the bidding contracts in Vietnam in accordance with Vietnamese law;

e) To implement the joint venture contracts signed with Vietnamese contractors or use Vietnamese sub-contractors as identified in the dossiers of application for construction permits;

g) To purchase insurance in accordance with Vietnamese law for the contractors’ tasks, including: professional liability insurance for construction investment consultants; property and goods insurance for procurement contractors; types of insurance for construction contractors and other insurance regimes as prescribed by Vietnamese law;

h) To register the quality of imported materials and equipment provided under the bidding contracts;

i) To register the safety of construction equipment and means of transport related to the business activities of foreign contractors in accordance with Vietnamese law;

k) To comply with regulations on standards, technical regulations, management of construction quality, labor safety and environmental protection as well as other relevant provisions of Vietnamese law;

l) To implement the reporting regimes prescribed in the construction permits;

m) Upon completion of works, foreign contractors must prepare dossiers of completed works; take responsibility for warranty; make settlement of imported materials and equipment; handle the remaining materials and equipment in the construction contracts in accordance with regulations on import and export; re-export materials and construction equipment registered under the temporary import – re-export regime; liquidate contracts; and at the same time notify relevant state management agencies of the termination of contracts and the cessation of operation of the executive offices of the works.

Article 108. Responsibilities of investors or project owners towards foreign contractors

Investors or project owners or main contractors have the responsibility to:

1. Only sign bidding contracts when foreign contractors have been granted construction permits by competent state agencies; guide foreign contractors to comply with the provisions of this Decree and other relevant legal provisions; support foreign contractors in preparing documents related to the bidding works that foreign contractors must declare in the dossiers of application for bidding permits and other related procedures in accordance with Vietnamese law. Register the export and import of materials, machinery and equipment related to the execution of contracts under the responsibility of foreign contractors together with foreign contractors as prescribed in this Decree.
2. Supervise foreign contractors to properly implement the commitments in joint venture contracts with Vietnamese contractors or use Vietnamese sub-contractors according to the contents specified in Article 103 of this Decree.
3. Consider the ability to supply construction equipment in the country before agreeing on the list of machinery and construction equipment of foreign contractors applying for temporary import – re-export.
4. Consider the ability to supply technical labor in Vietnam before agreeing with foreign contractors on the list of foreign personnel working for contractors applying for entry into Vietnam to perform tasks under the contracts of foreign contractors.
5. Certify the settlement of imported materials and equipment of foreign contractors upon completion of works.
6. When using foreign contractors to provide project management consulting and construction quality supervision services, investors or project owners must notify in writing other contractors and construction quality management agencies of the functions and tasks of the contractors performing on behalf of the investors or project owners.

CHAPTER VII IMPLEMENTATION PROVISIONS

Article 109. Implementation responsibilities

1. The Ministry of Construction

a) To take responsibility before the Government for uniformly performing the state management of the contents within the scope of regulation of this Decree. To guide and inspect ministries, sectors, agencies and organizations in implementing the provisions of this Decree;

b) To direct and inspect its specialized agencies in organizing the implementation of administrative procedures prescribed in this Decree.

2. The ministries managing specialized construction works have the responsibility to direct and inspect their specialized construction agencies in organizing the appraisal of feasibility study reports, economic-technical reports on construction investment, construction designs developed after basic designs of projects and construction works in their specialized fields, specifically:

a) The Ministry of Construction for projects and works under civil construction investment projects; urban area and housing construction investment projects; technical infrastructure construction investment projects for functional zones; light industry, construction material industry, construction product and technical infrastructure construction investment projects, and urban roads (except for national highways passing through urban areas);

b) The Ministry of Transport for projects and works under transportation construction investment projects (except for projects and works managed by the Ministry of Construction as prescribed at Point a of this Clause);

c) The Ministry of Agriculture and Rural Development for projects and works under construction investment projects serving agriculture and rural development;

d) The Ministry of Industry and Trade for projects and works under industrial construction investment projects (except for projects and works managed by the Ministry of Construction as prescribed at Point a of this Clause);

dd) The Ministry of National Defense and the Ministry of Public Security for projects and works under national defense and security construction investment projects.

3. The Ministry of Finance has the responsibility to provide detailed regulations on fees and charges related to the activities of: appraising construction investment projects, construction designs and cost estimates; granting construction permits to foreign contractors, granting practice certificates and construction capacity certificates.
4. Provincial-level People’s Committees have the responsibility to perform the state management of the contents within the scope of regulation of this Decree in their administrative areas according to decentralization; direct and inspect specialized construction agencies in organizing the appraisal of feasibility study reports, economic-technical reports on construction investment, construction designs developed after basic designs of specialized construction investment projects, specifically:

a) The Department of Construction for projects and works under civil construction investment projects; urban area and housing construction investment projects; technical infrastructure construction investment projects for functional zones; light industry and construction material industry construction investment projects, technical infrastructure and urban roads (except for national highways passing through urban areas);

b) The Department of Transport for projects and works under transportation construction investment projects (except for projects and works managed by the Department of Construction as prescribed at Point a of this Clause);

c) The Department of Agriculture and Rural Development for projects and works under construction investment projects serving agriculture and rural development;

d) The Department of Industry and Trade for projects and works under industrial construction investment projects (except for projects and works managed by the Department of Construction as prescribed at Point a of this Clause);

dd) The management board of industrial parks, export processing zones, high-tech zones and economic zones for projects and works invested in construction in the industrial parks, export processing zones, high-tech zones and economic zones under their management;

e) For provinces and centrally run cities with the Department of Transport and Construction, this Department shall perform the tasks specified at Points a and b of this Clause.

5. Based on the specific conditions of each locality, provincial-level People’s Committees shall decentralize to the agency assigned to manage construction under the district-level People’s Committees the appraisal of feasibility study reports, economic-technical reports on construction investment, construction designs developed after basic designs of construction investment projects in the administrative areas of the districts, and have the right to adjust the decentralization of appraisal prescribed at Point dd, Clause 4 of this Article.
6. District-level People’s Committees have the responsibility to perform the state management of the contents within the scope of regulation of this Decree in their administrative areas according to decentralization; direct and inspect the divisions with the function of construction management under their authority in organizing the appraisal of feasibility study reports on construction investment, construction designs developed after basic designs of works as decentralized by provincial-level People’s Committees.
7. The ministries, sectors and provincial-level People’s Committees have the responsibility to establish and rearrange specialized project management units and regional project management units to manage public investment and state capital outside public investment projects under their management scope in accordance with this Decree. In case it is necessary to promulgate documents providing specific guidance on the contents related to the provisions of this Decree, they must obtain the unified opinion of the Ministry of Construction before promulgation.
8. The ministries managing specialized construction works, provincial-level People’s Committees, state economic groups and corporations have the responsibility to send regular and annual reports on the contents of management of construction investment activities to the Ministry of Construction for synthesis and monitoring. The Ministry of Construction shall guide the contents, forms and time of implementation of the reports.

Article 110. Transitional provisions

1. For projects, basic designs, construction designs developed after basic designs that have been notified of the appraisal results by the specialized construction agency before the effective date of this Decree, it is not required to appraise the feasibility study reports on construction investment and construction designs developed after basic designs in accordance with this Decree, and the implementation of subsequent steps (including cases of adjusting projects and construction designs) shall comply with the provisions of this Decree.
2. For construction investment projects that have been submitted to the specialized construction agency for appraisal of projects and basic designs in accordance with the Construction Law in 2014 but have not been notified of the appraisal results before the effective date of this Decree, the appraisal by the specialized construction agency shall continue to be carried out in accordance with the Construction Law in 2014, the legal documents providing detailed regulations and implementation guidance, and it is not required to carry out the appraisal of feasibility study reports on construction investment as prescribed in this Decree.
3. For construction works that have been submitted to the specialized construction agency for appraisal of construction designs developed after basic designs before January 1, 2021 but have not been notified of the appraisal results before the effective date of this Decree, the appraisal by the specialized construction agency shall be carried out as follows:

a) For construction works subject to appraisal in accordance with the Construction Law in 2014 and not within the scope of application of Decree No. 113/2020/ND-CP dated September 18, 2020 of the Government, the appraisal shall continue to be carried out in accordance with the Construction Law in 2014 and the guiding legal documents;

b) For construction works within the scope of application of Decree No. 113/2020/ND-CP dated September 18, 2020 of the Government, the appraisal of construction designs developed after basic designs and the review of conditions for granting construction permits for exemption from construction permits shall continue to be carried out in accordance with Decree No. 113/2020/ND-CP dated September 18, 2020 of the Government. In case the design dossier submitted for appraisal fails to meet the requirements, the specialized construction agency shall issue a document to return the dossier for the investor to complete it and carry out the appraisal in accordance with this Decree.

4. For construction works that have been notified by the specialized construction agency of the appraisal results of construction designs developed after basic designs in accordance with Decree No. 113/2020/ND-CP dated September 18, 2020 of the Government but are not subject to appraisal at the specialized construction agency as prescribed in the Construction Law in 2014, which is amended and supplemented in Law No. 62/2020/QH14, when adjusting the construction designs developed after basic designs, the appraisal of the adjusted designs and management of construction permits shall be carried out as follows:

a) In case the notice of design appraisal results of the specialized construction agency concludes that the conditions for exemption from construction permits are met, the investor shall organize by itself the appraisal of the adjusted construction designs, send a notice enclosed with the appraisal result report to the construction permit-granting agency and the local state management agency in charge of construction before continuing the construction;

b) In case the notice of design appraisal results of the specialized construction agency does not contain an assessment of the conditions for exemption from construction permits or concludes that the conditions for exemption from construction permits are not met, the investor shall organize by itself the appraisal of the adjusted construction designs and carry out the procedures for applying for construction permits or adjusting construction permits as prescribed.

5. For construction investment projects for which the specialized construction agency has appraised the basic designs of some works of the projects in accordance with the Construction Law in 2014, when the investor submits the feasibility study report on construction investment for appraisal in accordance with this Decree, the specialized construction agency shall only carry out the appraisal for the remaining works of the projects.
6. For projects for which the investment decision-maker has approved the form of project management in accordance with Article 62 of the Construction Law in 2014, they shall continue to be implemented according to the approval decision of the investment decision-maker; in case it is necessary to meet the requirements on quality and progress of construction, the investment decision-maker may adjust the form of project management in accordance with this Decree.
7. For construction works that have undergone appraisal of designs developed after basic designs at the specialized construction agency from August 15, 2020 and are subject to exemption from construction permits in accordance with Point g, Clause 1, Article 89 of the Construction Law in 2014, which is amended and supplemented in Clause 30, Article 1 of Law No. 62/2020/QH14 but have not started construction before the effective date of this Decree, the investor must send dossiers and documents proving the fulfillment of conditions on construction permits to the local state management agency in charge of construction together with a notice of construction commencement for monitoring and management in accordance with Article 56 of this Decree.
8. For construction works that have undergone appraisal of designs developed after basic designs at the specialized construction agency (including appraisal of adjusted construction designs) and are not subject to exemption from construction permits in accordance with Article 89 of the Construction Law in 2014, which is amended and supplemented in Clause 30, Article 1 of Law No. 62/2020/QH14, construction permits must be granted in accordance with this Decree, except for the contents specified in Clause 4, Article 41 and Clause 2, Article 54 of this Decree.

In case construction permits have been granted for construction works, the adjustment of construction permits shall comply with Article 51 of this Decree.

9. For works subject to exemption from construction permits in accordance with the Construction Law in 2014 and have not started construction before the effective date of this Decree but are subject to construction permits in accordance with Law No. 62/2020/QH14, construction permits must be applied for in accordance with this Decree.
10. Individuals who have been granted practice certificates with the term of the certificates determined in accordance with the Construction Law in 2003 may continue to use the certificates until they expire. Based on the conditions on construction capacity prescribed in this Decree, individuals shall make declarations and self-determine the grade of the certificates enclosed with the unexpired practice certificates to serve as a basis for participating in construction activities. The declaration and self-determination of certificate grades shall be made according to Form No. 05, Appendix IV of this Decree.
11. Organizations and individuals that have been granted capacity certificates and practice certificates in accordance with the Construction Law in 2014 before the effective date of this Decree may continue to use the certificates according to the fields and scope of construction activities stated on the certificates until they expire. From the effective date of this Decree, in case organizations and individuals request to adjust or supplement the contents of capacity certificates and practice certificates, they shall comply with the provisions of this Decree.
12. Organizations and individuals that have submitted dossiers of application for capacity certificates and practice certificates before the effective date of this Decree shall be considered for being granted certificates in accordance with Decree No. 100/2018/ND-CP dated July 16, 2018 of the Government.

Article 111. Effective date

1. This Decree takes effect from the date of signing and replaces Decree No. 59/2015/ND-CP dated June 18, 2015 of the Government on management of construction investment projects; Decree No. 42/2017/ND-CP dated April 5, 2017 of the Government amending and supplementing a number of articles of Decree No. 59/2015/ND-CP dated June 18, 2015 of the Government on management of construction investment projects; Article 1, Article 4, and Appendices I to IX of Decree No. 100/2018/ND-CP dated July 16, 2018 of the Government amending and supplementing a number of regulations on investment and business conditions under the state management of the Ministry of Construction. Previous regulations of the Government, ministries, ministerial-level agencies and localities that are contrary to this Decree are all annulled.
2. Ministers, heads of ministerial-level agencies, heads of government-attached agencies, and chairpersons of provincial-level People’s Committees are responsible for implementing this Decree./.