Pursuant to the Constitution of the Socialist Republic of Vietnam,

The National Assembly promulgates the Law on Construction.

Chapter I GENERAL PROVISIONS

Article 1. Scope of regulation

This Law provides for the rights, obligations and responsibilities of agencies, organizations and individuals, and the state management of construction investment activities.

Article 2. Subjects of application

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

Where an international treaty to which the Socialist Republic of Vietnam is a contracting party contains provisions different from those of this Law, the provisions of such international treaty shall apply.

Article 3. Interpretation of terms

In this Law, the terms below shall be construed as follows:

1. Pre-feasibility study report on construction investment means a document presenting the preliminary study results on the necessity, feasibility and efficiency of construction investment, which serves as the basis for consideration and decision on construction investment policy.

2. Feasibility study report on construction investment means a document presenting the study results on the necessity, feasibility and efficiency of construction investment according to the selected basic design, which serves as the basis for consideration and decision on construction investment.

3. Economic-technical report on construction investment means a document presenting the contents on the necessity, feasibility and efficiency of construction investment according to the technical design of small-scale construction works, which serves as the basis for consideration and decision on construction investment.

4. Ministry managing specialized construction works means a Ministry assigned to manage and implement construction investment of the works under the specialized construction it manages.

5. Construction master plan boundary means the boundary line determined on the master plan map and in the field to demarcate the boundary between the land area for construction of works and the land area reserved for traffic roads or technical infrastructure works and other public spaces.

6. Construction boundary means the boundary line defining the permissible limit for the construction of main works on a land lot.

7. Construction master plan land use norms mean the norms for managing the development of space and architecture, which are specifically determined for an area or a land lot, including the building density, land use coefficient, maximum and minimum building heights.

8. Economic-technical norms of construction master plan mean the norms which are forecast, determined and selected as a basis for proposing construction master planning options and solutions, including population size, land, technical infrastructure, social infrastructure and environmental norms.

9. Construction investment owner (hereinafter referred to as the investor) means an agency, organization or individual that owns capital, borrows capital or is directly assigned to manage and use capital for construction investment activities.

10. Construction work means a product created by human labor and with building materials and equipment installed therein, affixed to land, which possibly includes underground sections, surface sections, underwater sections and sections on the water surface, and is constructed according to design. Construction works include civil works, industrial works, traffic works, agricultural and rural development works, technical infrastructure works and other works.

11. Construction level means the minimum elevation of a work required to suit the planning of ground elevation and rainwater drainage.

12. State management agency in charge of construction includes the Ministry of Construction, the People’s Committee of a province or centrally-run city (hereinafter referred collectively to as provincial-level People’s Committee) and the People’s Committee of a district, town, provincial city (hereinafter referred collectively to as district-level People’s Committee).

13. Specialized agency in charge of construction means an agency attached to the Ministry of Construction, the Ministry managing specialized construction works; Department of Construction, Department managing specialized construction works; Division with construction management function under a district-level People’s Committee.

14. Specialized agency attached to the investment decider means an agency or organization with expertise relevant to the nature and contents of a project and assigned by the investment decider to conduct appraisal.

15. Construction investment project means a collection of proposals related to the use of capital for conducting construction activities to build, repair or upgrade construction works in order to develop, maintain and raise the quality of the works or products and services, with defined time limit and capital. In the preparation phase, a construction investment project shall be expressed in the pre-feasibility study report on construction investment, the feasibility study report on construction investment or the economic-technical report on construction investment.

16. Rural residential area means a place of concentrated residence of households linked with one another in production, daily life and other social activities within a defined area, which is formed on the basis of natural, socio-economic, cultural and other conditions.

17. Construction permit means a legal document granted by a competent state agency to an investor for constructing, repairing, renovating or relocating a work.

18. Construction permit with a definite term means a permit granted for constructing works or separate houses which will be used for a definite term according to the plan for construction master plan implementation.

19. Phased construction permit means a permit granted for each part of a work or each work of a project when the construction design of the work or project has not yet been completely made.

20. Construction investment activity means a process of conducting construction activities, including construction, repair or upgrade of construction works.

21. Construction activity includes construction master planning, formulation of construction investment projects, construction survey, construction design, construction, construction supervision, project management, selection of contractors, acceptance, handover of works for exploitation and use, warranty and maintenance of construction works, and other activities related to construction.

22. Technical infrastructure system includes traffic, information and communication, energy supply, public lighting, water supply, wastewater and solid waste collection and treatment works, cemeteries and other works.

23. Social infrastructure system includes healthcare, cultural, educational, sport, commercial, public service works, parks, green trees and other works.

24. Construction investment consultancy activity includes construction master planning, formulation of construction investment projects, survey, construction design, appraisal, inspection, testing, project management, supervision of execution and other consultancy jobs related to construction investment activities.

25. Specialized functional zone means an area developed with specialized or mixed functions such as economic zone, industrial park, export processing zone, hi-tech park; tourist, ecological site; conservation zone, historical-cultural relic site; research and training area; physical training and sports area; airport, seaport; technical infrastructure focal point; other specialized functional zones identified under the approved regional construction master plan or decided for establishment by a competent state agency.

26. Formulation of construction investment project includes the elaboration of the pre-feasibility study report on construction investment (if any), the feasibility study report on construction investment or the economic-technical report on construction investment, and the execution of necessary jobs to prepare for construction investment.

27. Investment decider means an individual or the legal representative of an agency, organization or enterprise competent to approve a project and decide on construction investment.

28. Contractor in construction investment activity (hereinafter referred to as contractor) means an organization or individual possessing sufficient construction capacity and practice conditions when participating in contractual relations in construction investment activities.

29. Separate house means a work constructed within a residential land area under the use rights of a household or individual as prescribed by law.

30. Construction master planning means the organization of urban and rural spaces and specialized functional zones; the organization of systems of technical and social infrastructure works; the creation of a suitable environment for people to live in territories, ensuring harmony between national and community interests, and meeting socio-economic development, national defense and security, environmental protection and climate change response objectives. A construction master plan is expressed in the form of a construction master plan consisting of diagrams, drawings, models and explanations.

31. Regional construction master planning means the organization of urban and rural systems, specialized functional zones, systems of technical and social infrastructure works within the administrative boundaries of a province or a district, or of several provinces or several districts in line with socio-economic development requirements in each period.

32. Construction master plan for a specialized functional zone means the organization of the architecture landscape and systems of technical and social infrastructure works within a specialized functional zone. Construction master plan for a specialized functional zone consists of general construction master plan, zoning construction master plan and detailed construction master plan.

33. Rural construction master plan means the organization of spaces, land use, systems of technical and social infrastructure works in rural areas. Rural construction master plan consists of general construction master plan of a commune and detailed construction master plan of a rural residential area.

34. Construction work incident means damage which exceeds the allowable safety limits, causing the construction work or auxiliary structures for work construction to be at risks of, or actually undergo, partial or complete collapse in the course of construction or use.

35. General construction contractor means a contractor that signs a contract directly with the investor for undertaking one, several or all jobs of a construction investment project.

36. Appraisal means the inspection and assessment by the investment decider, investor or specialized agency in charge of construction of necessary contents in the course of preparation and execution of a construction investment project, which serves as the basis for consideration and approval.

37. Verification means the specialized inspection and assessment by an organization or individual possessing fully construction capacity and practice conditions of necessary contents in the course of preparation and execution of a construction investment project, which serves as the basis for appraisal.

38. Construction means construction and equipment installation for new construction, repair, renovation, relocation and restoration of works; dismantlement of works; warranty and maintenance of construction works.

39. Equipment installed in a work includes work equipment and technological equipment. Work equipment means equipment to be installed in a construction work under a construction design. Technological equipment means equipment to be installed in a construction work under a technological design.

40. Preliminary design means the design made in the pre-feasibility study report on construction investment, reflecting initial ideas about the design of a construction work and preliminary selection of technological chain and equipment, which serves as the basis for determining the investment policy for the work construction.

41. Basic design means the design made in the feasibility study report on construction investment on the basis of the selected design plan, indicating principal technical specifications suitable to applied standards and technical regulations, which serves as the basis for subsequent design steps.

42. Technical design means the design that further details the basic design after the construction investment project is approved in order to fully present technical solutions and specifications and materials to be used in accordance with applied standards and technical regulations, which serves as the basis for preparing the construction drawing design.

43. Construction drawing design means the design that fully presents technical specifications, materials and structural details of a work in line with applied standards and technical regulations and provides sufficient conditions for carrying out work construction.

44. Construction master plan period means the determined duration which serves as basis for forecasting and calculating economic-technical norms of a construction master plan.

45. Master planned region means the territory limited by one or several administrative units which is decided by a competent state agency.

Article 4. Basic principles in construction investment activities

1. To ensure construction investment according to master plans and designs, protect landscapes, environment; suit natural and social conditions and cultural characteristics of each locality; ensure stability of people’s life; harmoniously combine socio-economic development with national defense and security and climate change response.

2. To rationally use resources and natural resources in the place where a project is executed; ensure the proper purposes, subjects and process of construction investment.

3. To comply with standards, technical regulations and laws on construction materials; ensure convenient and safe access to and use of public works and high-rise buildings by people with disabilities, old people and children; apply science and technology, information technology in construction investment activities.

4. To ensure the quality, schedule, and safety of works, human life, health and property; prevent fire and explosion; protect environment.

5. To ensure synchronous construction of each work and with technical and social infrastructure works.

6. Organizations and individuals involved in construction activities must possess capacity conditions suitable to the requirements of the project, type and grade of works and jobs as provided by this Law.

7. To ensure publicity, transparency, thrift, efficiency; prevent and combat corruption, wastefulness, losses and other negative practices in construction investment activities.

8. To clearly define the state management functions in construction investment activities and the management functions of investors suitable to each type of capital source used.

Article 5. Types and grades of construction works

1. Construction works are classified by type and grade.

2. The types of works are determined according to their use purposes, including civil works, industrial works, traffic works, agricultural and rural development works, technical infrastructure works and national defense and security works.

3. The grades of works are determined for each type of works based on their sizes, purposes, importance, use duration, used materials and technical construction requirements.

The grades of works include special grade, grade I, grade II, grade III, grade IV and other grades as prescribed by the Government.

Article 6. Application of standards and technical regulations in construction investment activities

1. Construction investment activities must comply with national technical regulations.

2. Standards shall be applied in construction investment activities on a voluntary basis, except for standards referred to in technical regulations or other relevant legal documents.

3. Standards to be applied to works must be considered and approved by investment deciders when deciding on investment.

4. The application of standards must satisfy the following requirements:

a) Conformity with the requirements of national technical regulations and relevant laws;

b) Ensuring the consistency and feasibility of the system of applied standards.

5. The application of new technical solutions, technologies and materials in construction investment activities must meet the requirements of national technical regulations and relevant laws.

6. The Ministry of Construction and Ministries managing specialized construction works shall develop national standards and technical regulations to be applied to specialized construction works in accordance with the law on standards and technical regulations.

Article 7. Investors

1. An investor is decided by the investment decider before the project is formulated or when the project is approved.

2. Depending on the capital source used for a project, the investor is specifically determined as follows:

a) For projects using state budget and non-budgetary state funds, the investor is an agency or organization assigned by the investment decider to manage and use capital for construction investment;

b) For projects using loans, the investor is an agency, organization or individual that borrows capital for construction investment;

c) For projects executed in the form of project contract or public- private partnership contract, the investor is the project enterprise agreed to be established by the project owner as prescribed by law;

d) For projects not specified at Points a, b and c of this Clause, the investor is the organization or individual that owns the capital.

3. Based on the specific conditions of a project using state budget funds, the investment decider assigns a specialized construction investment project management unit or a regional construction investment project management unit to act as the investor; in case there is no project management unit, the investment decider shall select an agency or organization that fully meets the conditions to act as the investor.

4. The investor shall take responsibility before law and the investment decider within the scope of its rights and obligations as prescribed by this Law and other relevant laws.

Article 8. Monitoring and evaluation of construction investment projects

1. Construction investment projects must be monitored and evaluated in accordance with each type of capital source as follows:

a) For projects using state capital, competent state agencies shall monitor and evaluate them in accordance with the law on public investment and the law on construction according to approved contents and evaluation criteria;

b) For projects using other capital sources, competent state agencies shall monitor and evaluate them in terms of objectives, consistency with relevant master plans, land use, construction investment schedules, and environmental protection.

2. Construction investment projects on infrastructure using state capital, capital contributed by communities and domestic organizations and individuals must be monitored by communities.

Within the scope of its tasks and powers, the Vietnam Fatherland Front in the construction area shall organize community monitoring.

3. The Government shall detail this Article.

Article 9. Insurance in construction investment activities

1. Insurance in construction investment activities includes:

a) Work insurance during construction;

b) Professional liability insurance of construction investment consultants;

c) Insurance of materials, means, equipment, workers;

d) Third party liability insurance;

đ) Insurance of construction warranty.

2. Responsibility to buy compulsory insurance in construction investment activities is prescribed as follows:

a) Investors shall buy work insurance during construction for works affecting community safety, environment, works with particular technical requirements or complex construction conditions;

b) Consultancy contractors shall buy professional liability insurance of construction investment consultants for construction survey and construction design of works of grade II or higher;

c) Construction contractors shall buy insurance for workers working on construction sites.

3. Investors, consultancy contractors and construction contractors are encouraged to buy other types of insurance in construction investment activities, except the cases specified in Clause 2 of this Article.

4. The Government shall detail responsibilities to buy compulsory insurance, conditions, premiums, minimum insurance amounts payable by organizations and individuals participating in insurance and insurance enterprises.

Article 10. Incentive policies in construction investment activities

1. Domestic and foreign organizations and individuals are encouraged and facilitated to research and apply advanced construction science and technologies, use new building materials, save energy and resources, protect the environment and respond to climate change; preserve, embellish and promote the value of historical relics, cultural heritages, beliefs and religions; facilitate organizations and individuals to construct social housing, participate in construction investment activities according to planning in mountainous areas, areas with extremely difficult socio-economic conditions, and areas affected by climate change.

2. Entities participating in construction investment activities of all economic sectors shall be treated equally before law, encouraged and given favorable conditions in construction investment activities; priority will be given to contractors whose works are granted construction work quality awards by the State when participating in bidding for construction activities.

3. A number of public services currently provided by state management agencies in construction investment activities shall be gradually transferred to socio-professional organizations that have sufficient capabilities and satisfy the conditions to undertake such services.

Article 11. International cooperation in construction investment activities

1. Domestic organizations and individuals are encouraged to expand international cooperation in construction investment activities, transfer technologies, techniques, management experience and use of new materials.

2. The State shall protect Vietnamese construction brands overseas; create conditions to support and adopt measures to promote the signing and implementation of international treaties and agreements in construction investment activities between domestic and foreign organizations and individuals on the basis of ensuring the basic principles in construction investment activities prescribed in Article 4 of this Law.

Article 12. Prohibited acts

1. Deciding on construction investment not in accordance with the provisions of this Law.

2. Commencing construction of a work when the conditions for commencement are not fully met as prescribed by this Law.

3. Constructing works in no-construction zones; constructing works by encroaching upon the protection corridors of national defense, security, traffic, irrigation, dyke, energy works, historical-cultural relic zones and protection zones of other works as prescribed by law; constructing works in areas with landslide, flash flood and flood flow risks already warned, except works constructed to overcome those phenomena.

4. Constructing works not in accordance with construction master plans, except for cases licensed with definite-term construction permits; violating construction boundaries and construction levels; constructing works not in accordance with the granted construction permits.

5. Formulating, appraising and approving designs and cost estimates of construction works using state funds in contravention of this Law.

6. Contractors participating in construction activities when they do not meet capacity conditions to conduct construction activities.

7. Investors selecting contractors that do not fully meet capacity conditions to conduct construction activities.

8. Constructing works without complying with the standards and technical regulations selected for application to the works.

9. Producing and using building materials harmful to community health and environment.

10. Violating regulations on labor safety, property, fire and explosion prevention and fighting, security, order and environmental protection in construction.

11. Using works not for proper purposes and utility; constructing extensions to encroach upon the lawfully managed and used area and space of other organizations and individuals and the area and space for public and common use.

12. Giving and taking bribes in construction investment activities; abusing other legal entities to participate in construction activities; colluding and conniving to falsify project formulation results, construction survey, design and supervision.

13. Abusing positions and powers to violate the construction law; covering up or delaying the handling of violations of the construction law.

14. Obstructing lawful construction investment activities.

Chapter II CONSTRUCTION PLANNING

Section 1. GENERAL PROVISIONS

Article 13. Construction planning and bases for construction planning

1. Construction planning includes the following types:

a) Regional construction planning;

b) Urban construction planning;

c) Construction planning of special function zones;

d) Rural construction planning.

2. Construction planning shall be based on the following contents:

a) Strategies, general planning for socio-economic development, defense, security, industry planning, general orientation planning on the national urban system, and approved related construction planning;

b) Technical regulations on construction planning and other relevant regulations;

c) Maps, documents and data on the socio-economic situation and natural conditions of the locality.

3. Urban construction planning shall comply with the provisions of the law on urban planning.

Article 14. Requirements and principles for construction planning compliance

1. Requirements for construction planning include:

a) Conformity with the objectives of the strategy and general planning for socio-economic development; ensuring national defense and security, creating momentum for sustainable socio-economic development; consistency with industry development planning; publicity, transparency, harmonious combination of national, community and individual interests;

b) Organizing and arranging territorial space on the basis of rational exploitation and use of natural resources, land, historical relics, cultural heritages and resources suitable to natural and socio-economic conditions, historical and cultural characteristics, and scientific and technological levels in each development period;

c) Meeting the needs of using technical infrastructure systems; ensuring the connection and uniformity of regional, national and international technical infrastructure works;

d) Protecting the environment, preventing and fighting natural disasters, responding to climate change, minimizing adverse impacts on the community, preserving, embellishing and promoting the value of historical relics, cultural, belief and religious heritages; ensuring synchronous architectural space, social infrastructure and technical infrastructure systems;

đ) Establishing a basis for planning, management of investment and attracting investment in construction, management, exploitation and use of construction works in regions, special function zones, and rural areas.

2. Principles for construction planning compliance include:

a) The implementation of construction investment programs and activities, and the management of space, architecture and landscape must comply with the approved construction planning and be suitable to the mobilized resources;

b) Construction planning levels must ensure consistency and suitability with higher-level planning.

Article 15. Review of construction planning

1. Construction planning must be periodically reviewed, assessed of its implementation process in order to make timely adjustments suitable to the socio-economic development situation in each period. The periodical review of construction planning is every 10 years for regional planning, 05 years for general planning and zoning planning, and 03 years for detailed planning from the date the construction planning is approved.

2. People’s Committees at all levels are responsible for reviewing the approved construction planning.

3. The results of construction planning review must be reported in writing to the competent state agency that approved the construction planning for consideration and decision.

Article 16. Responsibilities for collecting opinions on construction planning

1. Agencies and investors organizing the formulation of construction planning are responsible for collecting opinions of relevant agencies, organizations, individuals and communities on the tasks and construction planning.

Related People’s Committees are responsible for coordinating with agencies organizing the formulation of construction planning and investors of construction investment projects in collecting opinions.

2. For tasks and construction planning under the approval authority of the Prime Minister, the Ministry of Construction shall be responsible for collecting opinions of other relevant ministries, central agencies and organizations; provincial-level People’s Committees shall be responsible for collecting opinions of relevant local agencies, organizations, individuals and communities.

3. Comments must be fully summarized, explained, received and reported to the competent state agency for consideration and decision.

Article 17. Forms and time for collecting opinions on construction planning

1. The collection of opinions of relevant agencies, organizations and individuals on construction planning tasks and designs shall be done by sending dossiers and documents or organizing conferences and seminars. Consulted agencies, organizations and individuals are responsible for responding in writing or giving direct comments.

2. The collection of community opinions on tasks and general construction planning designs shall be conducted through collecting opinions of community representatives in the form of survey questionnaires and interviews. Community representatives are responsible for summarizing the community’s opinions in accordance with the law on implementation of democracy at the grassroots level.

3. The collection of community opinions on tasks and zoning planning designs, detailed construction planning and general construction planning of communes, and construction planning of rural residential areas shall be done through comment forms in the form of public display or introduction of planning options on the mass media.

4. The time for collecting opinions on construction planning is at least 20 days for agencies and 40 days for organizations, individuals and communities.

5. Agencies and organizations formulating construction planning are responsible for receiving opinions of agencies, organizations and communities that are consulted to complete the tasks and construction planning designs; in case of not receiving, they must respond in writing and clearly state the reasons before approving the planning.

6. The Government details the collection of opinions on construction planning tasks and designs from relevant agencies, organizations, individuals and communities.

Article 18. Selection of consultancy organizations to formulate construction planning

1. Agencies organizing the formulation of construction planning shall decide on the form of selecting consultancy organizations to participate in the formulation of construction planning in accordance with the law.

2. When selecting consultants to formulate construction planning, agencies organizing the formulation of construction planning or investors must base on the capacity conditions of consultancy organizations formulating construction planning as prescribed in this Law and must take responsibility before law for damages caused by the selection of consultancy organizations that fail to meet the capacity conditions.

3. The selection of consultancy organizations to formulate construction planning through design contests for general construction planning of large-scale special function zones of special significance and zoning construction planning and detailed construction planning of important areas in special function zones is encouraged.

Article 19. Funding for construction planning

1. The State ensures funding in accordance with the law for construction planning.

2. The State encourages domestic and foreign organizations and individuals to sponsor funds for construction planning.

Article 20. Sequence of formulation and approval of construction planning

Construction planning is expressed through construction planning designs and shall be carried out in the following order:

1. Formulating and approving construction planning tasks;

2. Conducting field surveys and investigations; collecting maps, documents and data on natural conditions, socio-economic status, general socio-economic development planning and related industry development planning for formulating construction planning designs;

3. Formulating construction planning designs;

4. Appraising and approving construction planning designs.

Article 21. Storage of dossiers of construction planning designs

1. Agencies, organizations and investors formulating construction planning must store dossiers of approved construction planning designs in accordance with the law on archives.

2. State management agencies in charge of construction planning and land management agencies at all levels are responsible for storing construction planning dossiers and providing these stored documents to individuals, organizations and competent state agencies in accordance with the law.

Section 2. REGIONAL CONSTRUCTION PLANNING

Article 22. Regional construction planning and responsibilities for organizing the formulation of regional construction planning

1. Regional construction planning shall be formulated for the following regions:

a) Inter-provincial regions;

b) Provincial regions;

c) Inter-district regions;

d) District regions;

đ) Special function regions;

e) Regions along expressways and inter-provincial economic corridors.

2. In the construction planning designs for inter-provincial regions and provincial regions, the planning of technical infrastructure systems is concretized through sectoral technical infrastructure designs.

3. Responsibilities for organizing the formulation of regional construction planning are prescribed as follows:

a) The Ministry of Construction shall take the lead in coordinating with ministries, provincial-level People’s Committees and relevant agencies and organizations in organizing the formulation of tasks and construction planning designs for inter-provincial regions, special function regions of national significance, regions along expressways and inter-provincial economic corridors;

b) Ministries managing specialized construction works shall organize the formulation of tasks and designs of technical infrastructure sectoral planning for inter-provincial regions;

c) Provincial-level People’s Committees shall organize the formulation of tasks and construction planning designs for other regions under their administrative units.

Article 23. Tasks and contents of regional construction planning designs

1. Tasks of regional construction planning include:

a) Determining the rationale and basis for establishing regional boundaries;

b) Determining regional development objectives;

c) Forecasting the regional population size and the needs for technical and social infrastructure for each development stage;

d) Determining requirements on spatial organization for urban systems, rural areas, key regions and functional zones, technical infrastructure systems and social infrastructure on a regional scale in each period.

2. The contents of regional construction planning designs include:

a) Construction planning for inter-provincial, provincial, inter-district and district regions must identify and analyze regional development potentials and drivers; forecast the urbanization speed; propose solutions for functional zoning, distribution of urban systems and rural residential areas; identify specialized functional areas, production facilities, key infrastructure systems and social infrastructure of regional significance;

b) Construction planning for special function regions shall be formulated based on potentials in socio-economics, defense, security, cultural heritages, and natural landscapes; identify and analyze development potentials, exploitability, functional zoning, population distribution, and organize technical infrastructure systems suitable to the characteristics and development objectives of the regions;

c) Construction planning for regions along expressways and inter-provincial economic corridors must analyze the drivers and impacts of routes and corridors on the development of areas along the routes, propose solutions for land exploitation and use, organize architectural and landscape space, and technical infrastructure systems suitable to the characteristics of the routes and corridors and ensure traffic safety along the entire route;

d) Sectoral planning of technical infrastructure must forecast development and land use needs; identify the locations, sizes of key works, auxiliary works, main transmission networks, distribution networks, and the scope of protection and safety corridors of the works;

đ) Based on the scale and nature of the regions, construction planning designs for regions shall be studied on the basis of topographic maps with a scale of 1/25,000 – 1/250,000;

e) The planning period for regional construction planning is from 20 to 25 years, with a vision of 50 years;

g) Approved regional construction planning serves as a basis for formulating urban planning, construction planning for special function zones, rural construction planning, and planning of regional technical infrastructure systems.

3. The Government details this Article.

Section 3. CONSTRUCTION PLANNING FOR SPECIAL FUNCTION ZONES

Article 24. Subjects and responsibilities for formulating construction planning for special function zones

1. Construction planning for special function zones is formulated for the following functional zones:

a) Economic zones;

b) Industrial parks, export processing zones, high-tech parks;

c) Tourist zones, ecological zones;

d) Conservation zones; historical-cultural and revolutionary relics;

đ) Research and training zones; physical training and sports zones;

e) Airports, seaports;

g) Key technical infrastructure zones;

h) Other special function zones identified in the approved regional construction planning or decided by competent state agencies for establishment.

2. Responsibilities for organizing the formulation of construction planning for special function zones are prescribed as follows:

a) The Ministry of Construction shall organize the formulation of tasks and general construction planning designs for national-level special function zones;

b) Provincial-level People’s Committees shall organize the formulation of tasks and general construction planning designs for special function zones, except for the planning specified at Point a, Clause 2 of this Article and tasks and zoning construction planning designs for special function zones;

c) District-level People’s Committees or investors of construction investment projects shall organize the formulation of tasks and detailed construction planning designs for areas assigned for management or investment.

Article 25. Levels of construction planning for special function zones

1. General construction planning is formulated for special function zones with an area of ​​500 hectares or more, serving as a basis for formulating zoning and detailed construction planning.

2. Zoning construction planning is formulated for special function zones with an area of less than 500 hectares, serving as a basis for formulating detailed construction planning.

3. Detailed construction planning is formulated for areas within special function zones, serving as a basis for granting construction permits and formulating construction investment projects.

Article 26. General construction planning for special function zones

1. Tasks of general construction planning for special function zones include:

a) Reasoning and basis for the formation and determination of boundaries of special function zones;

b) Determining the nature, forecasting the population size of special function zones, requirements on orientation of spatial development, technical infrastructure and social infrastructure works for each planning period;

c) For general construction planning and renovation of special function zones, in addition to the contents specified at Point a, Clause 1 of this Article, it is necessary to determine the requirements for areas to be cleared, areas to be retained for renovation, areas to be protected and other specific requirements according to the characteristics of each special function zone.

2. General construction planning designs for special function zones include:

a) The contents of general construction planning designs for special function zones include determining development objectives, drivers, population size, land, technical infrastructure and social infrastructure norms; development models; orientation for spatial development of functional zones, administrative centers, services, commerce, culture, education, training, healthcare, green parks, physical training and sports; system of technical infrastructure frameworks above ground, on the ground, under water and underground; strategic environmental assessment; investment priority plan and resources for implementation.

b) Drawings of general construction planning designs for special function zones are presented in the scale of 1/5,000 or 1/10,000;

c) The planning period is from 20 to 25 years;

d) Approved general construction planning designs for special function zones serve as a basis for formulating zoning construction planning, detailed construction planning for areas and formulating investment projects on construction of technical infrastructure frameworks in special function zones.

3. The contents of general construction planning designs for specialized function zones include determining population size, land, technical infrastructure and social infrastructure norms; orientation for spatial development of functional subdivisions; planning of technical infrastructure framework systems; strategic environmental assessment; investment priority plan and resources for implementation.

Article 27. Zoning construction planning for special function zones

1. Tasks of zoning construction planning for special function zones include:

a) Requirements on land use area, scale, scope of zoning planning, and technical and social infrastructure systems in the planned area;

b) Making a list of proposed measures to renovate works that need to be retained in the renovation planning area;

c) Other requirements for each planned area.

2. Zoning construction planning designs for special function zones include:

a) The contents of zoning construction planning designs for special function zones include determining the use functions for each land lot; principles of spatial organization and landscape architecture for the entire planned area; norms on population, land use, technical infrastructure systems for each land lot; arranging social infrastructure systems to suit usage needs; arranging technical infrastructure networks to street axes in line with the development stages of the entire special function zone; strategic environmental assessment;

b) Drawings of zoning construction planning designs for special function zones are presented in the scale of 1/2,000;

c) The planning period for zoning construction planning of special function zones is determined based on the general planning period and management and development requirements of special function zones;

d) Approved zoning construction planning designs for special function zones serve as a basis for identifying construction investment projects in special function zones and formulating detailed construction planning.

Article 28. Detailed construction planning in special function zones

1. Tasks of detailed construction planning in special function zones include:

a) Requirements on land use area, scale, scope of detailed planning, urban design, technical and social infrastructure systems in the planned area;

b) Making a list of proposed renovation measures for works that need to be retained in the renovation planning area;

c) Other requirements for each planned area.

2. Detailed construction planning designs in special function zones include:

a) The contents of detailed construction planning designs include determining norms on population, land use, technical infrastructure, social infrastructure, and requirements on spatial organization and architecture for the entire planned area; arranging social infrastructure works suitable to usage needs; requirements on architecture of works for each land lot, urban design; arranging technical infrastructure systems to the boundaries of land lots; strategic environmental assessment;

b) Drawings of detailed construction planning designs are presented in the scale of 1/500;

c) The planning period for detailed construction planning is determined based on the investment plan;

d) Approved detailed construction planning designs serve as a basis for granting construction permits and formulating construction investment projects.

Section 4. RURAL CONSTRUCTION PLANNING

Article 29. Subjects, levels and responsibilities for organizing the formulation of rural construction planning

1. Rural construction planning is formulated for the subjects of communes and rural residential areas.

2. Rural construction planning includes the following levels:

a) General construction planning is formulated for the entire administrative boundaries of a commune;

b) Detailed construction planning is formulated for rural residential areas.

3. Commune-level People’s Committees shall take the lead in organizing the formulation of tasks and rural construction planning designs.

Article 30. General construction planning of communes

1. Tasks of general construction planning of communes include objectives, boundaries of communes; nature and functions of communes; identifying factors affecting the socio-economic development of communes; forecasting population size, labor force; land scale, main economic-technical norms; requirements on principles of organizing the distribution of agricultural, industrial, small-scale industrial, craft village, residential, service functional zones and technical infrastructure systems.

2. General construction planning designs of communes include:

a) The contents of general construction planning designs of communes include identifying potentials, development drivers, population size, labor force, land scale, network of rural residential areas; orientation for overall spatial organization of the entire commune; orientation for development of agricultural, industrial, small-scale industrial, craft village, residential, service functional zones and technical infrastructure systems;

b) Drawings of general construction planning designs of communes are presented in the scale of 1/5,000 or 1/10,000 or 1/25,000;

c) The planning period is from 10 to 20 years;

d) Approved general construction planning designs of communes serve as a basis for formulating detailed construction planning of rural residential areas, including commune centers, residential areas and other functional areas in the communes.

Article 31. Detailed construction planning of rural residential areas

1. Tasks of detailed construction planning of rural residential areas include forecasting population size, labor force; land scale; requirements on land use for arranging construction works, preservation, renovation; technical and social infrastructure works in rural residential areas.

2. Detailed construction planning designs of rural residential areas include:

a) The contents of detailed construction planning designs of rural residential areas include determining the location and construction area of works: working offices of commune-level administrative agencies, educational, medical, cultural, physical training and sports, commercial, service and residential facilities; planning of technical infrastructure and production-serving infrastructure;

b) Drawings of detailed construction planning designs of rural residential areas are presented in the scale of 1/500 or 1/2,000;

c) The planning period is based on the investment plan and implementation resources;

d) Approved detailed construction planning designs of rural residential areas serve as a basis for formulating construction investment projects and granting construction permits.

Section 5. APPRAISAL AND APPROVAL OF CONSTRUCTION PLANNING

Article 32. Competence to appraise tasks and construction planning designs

1. The Ministry of Construction shall appraise tasks and construction planning designs under the approval authority of the Prime Minister.

2. Specialized agencies in charge of construction planning under provincial-level People’s Committees shall appraise tasks and construction planning designs under the approval authority of their People’s Committees.

3. Specialized agencies in charge of construction planning under district-level People’s Committees shall appraise tasks and construction planning designs under the approval authority of their People’s Committees.

Article 33. Appraisal councils and contents of appraisal of tasks and construction planning designs

1. The Ministry of Construction shall decide to establish Appraisal Councils for tasks and construction planning designs under the approval authority of the Prime Minister and construction planning designs organized by the Ministry of Construction for formulation. The Ministry of Construction is the standing body of the Appraisal Councils.

2. People’s Committees shall decide to establish Appraisal Councils for tasks and construction planning designs under their approval authority. Specialized agencies in charge of construction planning under provincial- and district-level People’s Committees are the standing bodies of the Appraisal Councils of the same level.

3. An Appraisal Council is composed of representatives of state management agencies, socio-professional organizations and experts in relevant fields.

4. Contents of appraisal of construction planning tasks include:

a) Conformity of construction planning tasks with strategies and planning for socio-economic development, national defense, security, environmental protection, climate change response, related construction planning, and land use planning and plans;

b) Requirements on contents for each type of construction planning task specified in Articles 23, 26, 27, 28, 30 and 31 of this Law.

5. Contents of appraisal of construction planning designs include:

a) Fulfillment of the conditions of organizations conducting construction planning design as prescribed in Article 150 of this Law;

b) Bases for formulating construction planning designs as prescribed in Clause 2, Article 13 of this Law;

c) Conformity of construction planning designs with the tasks and content requirements for each type of construction planning specified in Sections 2, 3 and 4 of this Chapter.

Article 34. Competence to approve construction planning tasks and designs

1. The Prime Minister shall approve the following construction planning tasks and designs:

a) Construction planning for inter-provincial regions, provincial regions, regions with special functions and regions along expressways, inter-provincial economic corridors; sectoral planning of technical infrastructure for inter-provincial regions;

b) General construction planning for economic zones, general construction planning for high-tech parks;

c) General construction planning for national tourist zones, ecological zones, conservation zones, historical-cultural relics, revolutionary relics, research and training zones, sports and physical training zones, and other national-level special function zones;

d) Other construction planning assigned by the Prime Minister to the Ministry of Construction for organization of formulation.

2. Provincial-level People’s Committees shall approve the following construction planning tasks and designs:

a) Construction planning for inter-district regions, construction planning for district regions;

b) General construction planning for special function zones, except for the planning specified at Point c, Clause 1 of this Article;

c) Zoning construction planning for special function zones.

3. District-level People’s Committees shall approve zoning planning tasks and designs; detailed construction planning and rural construction planning within their administrative boundaries after obtaining written agreement from the specialized agencies in charge of construction planning under provincial-level People’s Committees.
4. People’s Committees at all levels organizing the formulation of construction planning are responsible for submitting it to the People’s Councils at the same level for decision before being considered and approved by competent state agencies.
5. The form and content of approval of construction planning tasks and designs include:

a) Construction planning tasks and designs must be approved in writing;

b) Documents approving construction planning must contain the main contents of the construction planning design as prescribed in Articles 23, 26, 27, 28, 30 and 31 of this Law and the list of approved drawings attached.

Section 6. ADJUSTMENT OF CONSTRUCTION PLANNING

Article 35. Conditions for adjustment of construction planning

1. Regional construction planning shall be adjusted in one of the following cases:

a) There are adjustments to the general socio-economic development planning of the region, regional sectoral development planning; regulations on natural resources and environmental protection; land use planning and plans; national defense and security strategies; key projects for regional development;

b) There are changes in natural geographical conditions, administrative boundaries, large fluctuations in population and socio-economics.

2. Construction planning for special function zones shall be adjusted in one of the following cases:

a) There are adjustments to the general socio-economic development planning, construction planning, regional sectoral development planning;

b) Formation of national key projects that greatly affect land use, environment, and spatial layout of the functional zones;

c) Construction planning cannot be implemented or its implementation has adverse impacts on socio-economic development, national defense, security, social security, ecological environment, historical-cultural relics and community opinions;

d) There are fluctuations in climate, geology, and hydrology;

e) Serving national interests and community interests.

3. Rural construction planning shall be adjusted in one of the following cases:

a) There are adjustments to the local socio-economic development planning;

b) There are adjustments to the regional construction planning;

c) There are adjustments to the local land use planning and plans;

d) There are fluctuations in geographical and natural conditions.

Article 36. Principles for adjustment of construction planning

1. The adjustment of construction planning must be based on the analysis and assessment of the current status, results of the implementation of the existing planning, clearly identifying the requirements for renovation and embellishment of the area to propose adjustments to land use norms, solutions for spatial and landscape organization for each area; solutions for renovating technical and social infrastructure systems to suit development requirements.
2. The contents of adjusted construction planning must be appraised and approved as prescribed by this Law; the unadjusted contents of the approved construction planning design shall still be implemented.

Article 37. Types of adjustment to construction planning

1. General adjustment to construction planning is prescribed as follows:

a) General adjustment to construction planning shall be carried out when the nature, function, and scale of the region or area of planning formulation change or the contents expected to be adjusted change the structure and general development orientation of the planned region or area;

b) General adjustment to construction planning must ensure to meet practical requirements, suit the trend of socio-economic development and development orientation of the region and area in the future, improve the quality of living environment, infrastructure and landscape, ensure inheritance and do not significantly affect construction investment projects being implemented.

2. Partial adjustment to construction planning is prescribed as follows:

a) Partial adjustment to construction planning is only applicable to special function zones;

b) Partial adjustment to construction planning for special function zones shall be carried out when the contents expected to be adjusted do not significantly affect the nature, function, boundary scale, general development orientation of the planned area and the main planning solutions of the area formulating zoning construction planning or detailed construction planning;

c) Partial adjustment to construction planning for special function zones must clearly identify the scope, level, and contents of adjustment; ensure the continuity and synchronization of the existing general construction planning for special function zones or zoning construction planning or detailed construction planning on the basis of analyzing and clarifying the reasons for adjustment; socio-economic efficiency of the adjustment; solutions to overcome problems arising from the adjustment of construction planning.

Article 38. Sequence of general adjustment to construction planning

1. Based on the socio-economic development situation and factors affecting the development process of regions, special function zones, and rural areas; adjustment conditions and after reviewing construction planning, agencies organizing the formulation of construction planning shall report to agencies competent to approve construction planning for consideration and general adjustment to construction planning.
2. Agencies and individuals competent to approve construction planning shall approve the policy on general adjustment to construction planning.
3. The organization of formulation, collection of opinions, appraisal, and approval of tasks and designs of general adjustment to construction planning, and announcement of adjusted construction planning shall comply with Articles 16 and 17 and Sections 2, 3, 4 and 5 of this Chapter.

Article 39. Sequence of partial adjustment to construction planning

1. Agencies organizing the formulation of construction planning shall prepare a report on the contents and plan for partial adjustment to construction planning, organize the collection of opinions of the community in the area of planning adjustment and the surrounding area directly affected, and submit it to agencies competent to approve construction planning for consideration and decision on partial adjustment to construction planning.
2. Agencies and individuals competent to approve construction planning shall decide on partial adjustment in writing based on the opinions of agencies appraising construction planning.
3. Agencies organizing the formulation of construction planning are responsible for updating and reflecting the adjusted contents in the construction planning dossiers. The adjusted contents of construction planning must be publicly announced in accordance with Article 42 of this Law.

Section 7. ORGANIZATION OF CONSTRUCTION PLANNING IMPLEMENTATION

Article 40. Public announcement of construction planning

1. Within 30 days from the date of approval, construction planning designs must be publicly announced.
2. The contents to be publicly announced of construction planning include the basic contents of the construction planning design and management regulations according to the promulgated construction planning design, except for contents related to national defense, security, and state secrets.
3. Agencies managing construction planning are responsible for fully updating the implementation status of approved construction planning designs for competent agencies to promptly announce publicly for organizations and individuals to know and monitor during the implementation process.

Article 41. Responsibility for organizing the public announcement of construction planning

1. For regional construction planning:

a) The Ministry of Construction shall take the lead in coordinating with related provincial-level People’s Committees in announcing the inter-provincial regional construction planning under the approval authority of the Prime Minister;

b) Provincial-level People’s Committees in the planned regions shall organize the announcement of regional construction planning under the approval authority of the Prime Minister, except for the planning specified at Point a of this Clause;

c) District- and commune-level People’s Committees in the planned regions shall organize the announcement of regional construction planning under the approval authority of provincial-level People’s Committees.

2. For general construction planning of special function zones:

a) The Ministry of Construction shall take the lead in coordinating with related provincial-level People’s Committees in announcing the construction planning for inter-provincial special function zones under the approval authority of the Prime Minister;

b) People’s Committees at all levels are responsible for organizing the announcement of general construction planning designs for special function zones under their administrative boundaries.

3. People’s Committees at all levels are responsible for organizing the announcement of approved zoning and detailed construction planning designs for special function zones under their administrative boundaries for everyone to implement and monitor the implementation.
4. Commune-level People’s Committees shall organize the announcement of construction planning for communes and rural residential areas.
5. Within 30 days from the date of approval of construction planning, People’s Committees at all levels are responsible for organizing the announcement of construction planning.
6. Persons responsible for announcing construction planning who fail to organize the announcement, announce late, or announce incorrect contents of the approved construction planning shall, depending on the nature and severity of their violations, be disciplined or examined for penal liability; if causing damage, they shall pay compensation as prescribed by law.

Article 42. Forms of public disclosure of construction planning

1. Approved construction planning documents must be publicly disclosed on the website of the state management agency in charge of construction planning.
2. In addition to the disclosure form specified in Clause 1 of this Article, the competent person shall decide on other forms of public disclosure of construction planning as follows:

a) Organizing conferences to announce construction planning with the participation of representatives of relevant organizations, agencies, the Vietnam Fatherland Front, representatives of the people in the planned area, and the press;

b) Publicly displaying, regularly and continuously, panels, drawings and models in public places, at construction planning management agencies at all levels, and People’s Committees at commune level for detailed construction planning;

c) Printing and widely disseminating approved construction planning maps and regulations on management of construction planning.

Article 43. Provision of information on construction planning

1. The provision of information on construction planning shall be carried out in the following forms:

a) Publicly disclosing construction planning documents;

b) Explaining construction planning;

c) Providing information in writing.

2. Construction planning management agencies are responsible for providing information on construction location, construction boundaries, red-line boundaries, construction elevation and other information related to planning upon request of organizations and individuals within the scope of planning documents under their management.

People’s Committees at all levels are responsible for organizing the receipt, processing and provision of information upon request.

Within 15 days from the date of request, construction planning management agencies are responsible for providing written information to agencies, organizations and individuals upon request.

3. Agencies, organizations and individuals requesting written information must pay fees for the information they request.
4. Agencies, organizations and individuals providing information shall be legally responsible for the timeliness of information provision and the accuracy of the documents and data provided.

Article 44. Placing boundary markers on site according to construction planning

1. The placing of boundary markers on site shall be carried out for general construction planning, zoning construction planning and detailed construction planning.
2. Placing boundary markers according to approved construction planning includes red-line boundaries, construction boundaries, construction elevation, and boundaries of no-construction zones according to the approved boundary marker dossier.
3. After a construction planning document is approved by a competent state agency, the People’s Committees at all levels have the following responsibilities:

a) Organizing the preparation and approval of boundary marker placement dossiers according to the approved construction planning. The time for preparing and approving boundary marker dossiers shall not exceed 30 days from the date the construction planning document is approved. The placing of boundary markers on site must be completed within 45 days from the date the boundary marker dossier is approved;

b) Organizing the implementation of placing boundary markers on site for detailed construction planning after an investor has been selected.

4. Responsibilities for organizing and implementing the placing of boundary markers are stipulated as follows:

a) Provincial-level People’s Committees shall direct the placing of construction boundary markers for construction planning documents within the administrative boundaries under their management;

b) District-level People’s Committees shall organize the implementation of placing construction boundary markers for construction planning documents within the administrative boundaries under their management;

c) Commune-level People’s Committees shall implement the placing of construction boundary markers for construction planning documents within the administrative boundaries under their management.

5. Boundary marker placement dossiers shall be prepared by specialized units.
6. Boundary markers must ensure durability, have dimensions according to standards, be inscribed with prescribed indices, be easily identifiable, safe for people and vehicles passing by, and suitable to the topography and geography of the marker placement area.
7. Commune-level People’s Committees are responsible for protecting on-site boundary markers.
8. Construction planning management agencies shall archive approved boundary marker placement dossiers and are responsible for providing related documents on boundary markers to organizations and individuals upon request.
9. When construction planning is adjusted, boundary markers shall be adjusted according to the adjusted planning.
10. Any person who commits acts of placing boundary markers or construction elevation markers at wrong positions, relocating or destroying boundary markers or construction elevation markers shall, depending on the nature and severity of the violation, be disciplined, administratively sanctioned, criminally prosecuted, and if causing damage, shall pay compensation in accordance with law.

Section 8. CONSTRUCTION MANAGEMENT ACCORDING TO CONSTRUCTION PLANNING

Article 45. Principles of construction management according to construction planning

1. Construction investment management must be based on construction planning approved by competent authorities.
2. The investment in new construction, repair and renovation of architectural works, technical infrastructure works, social infrastructure works and housing must comply with the approved detailed construction planning and provisions of the law on construction.

Article 46. Introduction of construction sites

1. Construction planning management agencies are responsible for introducing construction investment locations to investors upon request.
2. The locations introduced for construction investment must conform to construction planning, investment scale and nature, save construction land area, and not adversely affect the socio-economic development and environment of the region, special-use zones and rural areas.

Article 47. Construction planning permit

1. A construction planning permit is a document issued by a competent state agency to an investor of a construction investment project in a special-use zone as a basis for preparing detailed planning or formulating a project when zoning planning or detailed construction planning has not been approved.
2. The issuance of construction planning permits must be based on management requirements and development control of special-use zones, technical regulations on construction planning, and management regulations according to general construction planning of special-use zones.
3. The content of a construction planning permit includes the scope and scale of the planning area; permitted construction planning land use norms; requirements on land exploitation and use, architectural space organization, technical infrastructure, social infrastructure on and under the ground, and landscape and environment protection for the project area; and the validity period of the construction planning permit.
4. The competence to issue construction planning permits is stipulated as follows:

a) Provincial-level People’s Committees shall issue construction planning permits for construction investment projects in national special-use zones;

b) District-level People’s Committees shall issue construction planning permits for construction investment projects not covered in Point a of this Clause.

5. Organizations and individuals issued with construction planning permits shall pay fees in accordance with the law on fees and charges.
6. The Government shall provide detailed regulations on the content and procedures for issuing construction planning permits.

Article 48. Organization of construction planning implementation management

1. Provincial-level People’s Committees are responsible for directing the formulation of programs and plans for implementing construction planning for urban development, rural development and special-use zones under their management according to approved construction planning.
2. The Ministry of Construction is responsible for directing and coordinating the management of inter-provincial regional construction planning, including:

a) Identifying the list of programs and plans for planning implementation and prioritized investment projects for the construction of regional technical infrastructure and social infrastructure systems;

b) Attracting and coordinating investment capital sources for the development of regional technical infrastructure and social infrastructure systems;

c) Reviewing, adjusting, inspecting and examining the implementation of inter-provincial regional construction planning;

d) Presiding over the coordination with chairpersons of related provincial-level People’s Committees in periodically reporting to the Prime Minister on the implementation of inter-provincial regional construction planning according to planning implementation stages.

3. Plans for construction planning implementation must specify the time for implementing planning for each specific area on the basis of conformity with construction planning objectives and resources for construction planning implementation.

Chapter III CONSTRUCTION INVESTMENT PROJECTS

Section 1. GENERAL PROVISIONS

Article 49. Classification of construction investment projects

1. Construction investment projects are classified by size, nature, type of construction works and capital sources used.
2. Construction investment projects are classified by size, nature and type of construction works of the project, including national important projects, group-A projects, group-B projects and group-C projects according to the criteria prescribed by the law on public investment.
3. Construction investment projects include one or more works of different types and grades of construction works.

Article 50. Construction investment process

1. The construction investment process consists of 3 phases, including project preparation, project implementation, and construction completion and putting the project works into operation and use, except for the case of construction of separate houses.
2. For national important projects and group-A projects comprising many component projects, each of which can operate independently, be used for exploitation or have a phased investment for implementation, the component projects shall be managed for implementation as independent projects. The division of a project into component projects or phased investment must be specified in the content of the investment decision.
3. Based on the specific conditions of a project, the person making the investment decision shall decide on the sequential or combined and alternate implementation of tasks in the project implementation phase and the construction completion phase for putting the works into operation and use.

Article 51. Requirements on construction investment projects

Construction investment projects, regardless of capital sources used, must meet the following requirements:

1. Conforming to the overall socio-economic development planning, sectoral development planning, construction planning, and land use planning and plans of the locality where the construction investment project is located.
2. Having appropriate technological options and construction design options.
3. Ensuring quality and safety in construction, operation, exploitation and use of works, fire and explosion prevention and fighting, and environmental protection and response to climate change.
4. Ensuring the full and timely provision of capital for the project and the financial efficiency and socio-economic efficiency of the project.
5. Complying with relevant provisions of law.

Section 2. FORMULATION, APPRAISAL OF PROJECTS AND INVESTMENT DECISIONS FOR CONSTRUCTION

Article 52. Formulation of construction investment projects

1. When investing in construction, the investor must prepare a feasibility study report for construction investment, except for the cases specified in Clauses 3 and 4 of this Article. The content of the feasibility study report must be suitable for the requirements of each type of project. The preparation of the feasibility study report must comply with the provisions of this Law and other relevant laws.
2. For national important projects and group-A projects, before preparing the feasibility study report, the investor must prepare a pre-feasibility study report for construction investment. For other projects where a pre-feasibility study report is needed, the investment decision-maker shall consider and decide.
3. A construction investment project only requires an economic-technical report on construction investment in the following cases:

a) Construction works used for religious purposes;

b) Small-scale construction works and other works as prescribed by the Government.

4. When constructing separate houses, the investor is not required to formulate a project or an economic-technical report on construction investment.

Article 53. Content of the pre-feasibility study report for construction investment

1. The necessity of investment and conditions for construction investment implementation.
2. Preliminary determination of objectives, scale, location and form of construction investment.
3. Land and resource usage needs.
4. Preliminary design options for construction, explanations, suitable technology, techniques and equipment.
5. Preliminary project implementation schedule.
6. Preliminary total investment, capital mobilization plan; ability to recover capital, repay loans (if any); preliminary determination of socio-economic efficiency and project impact assessment.<Amended>

Article 54. Content of the feasibility study report for construction investment

1. The basic design shall be formulated to achieve project objectives, suit the construction works of the project, and ensure synchronization among works when put into operation and use. The basic design consists of explanations and drawings showing the following contents:

a) Construction location, route direction, list, scale, type and grade of works in the general construction plan;

b) Selected technological options, techniques and equipment (if any);

c) Solutions for architecture, plans, sections, elevations of works, main dimensions and structures of construction works;

d) Solutions for construction, main materials to be used, estimated construction costs for each work;

đ) Options for connecting technical infrastructure inside and outside the works, solutions for fire and explosion prevention and fighting;

e) Applied standards and technical regulations and results of construction surveys for basic design.

2. Other contents of the feasibility study report for construction investment include:

a) The investment necessity and policy, construction investment objectives, construction location and land use area, capacity scale and form of construction investment;

b) The ability to ensure factors for project implementation such as resource usage, selection of equipment technology, labor usage, technical infrastructure, product consumption, requirements in operation and use, implementation time, site clearance and resettlement plans (if any), solutions for organizing project implementation management, operation, use of works and environmental protection;

c) Assessment of project impacts related to land acquisition, site clearance, resettlement; protection of landscape, ecological environment, safety in construction, fire and explosion prevention and fighting, and other necessary contents;

d) Total investment and capital mobilization, financial analysis, risks, costs of operation and use of works, assessment of the project’s socio-economic efficiency; proposals on coordination mechanisms, preferential policies and support for project implementation;

đ) Other relevant contents.

Article 55. Content of the economic-technical report on construction investment

1. Construction drawing design, technological design (if any) and construction cost estimate.
2. Other contents of the economic-technical report on construction investment include explanations on the investment necessity, construction objectives, construction location, land use area, scale, capacity, grade of works, construction methods, construction safety, site clearance plan and environmental protection, budget allocation, construction time, and investment efficiency of the works.

Article 56. Appraisal of construction investment projects

1. Construction investment projects must be appraised before investment decisions are made.
2. Dossiers submitted for appraisal of construction investment projects include:

a) The investor’s written request for project appraisal;

b) The feasibility study report or the economic-technical report on construction investment;

c) Other relevant documents and papers.

3. The appraisal contents are specified in Article 58 of this Law.

Article 57. Authority to appraise construction investment projects

1. For national important projects, the State Appraisal Council established by the Prime Minister shall be responsible for appraising the pre-feasibility study report and the feasibility study report for construction investment.
2. For projects using state budget funds, the specialized construction agency shall, according to decentralization, be responsible for presiding over the appraisal of the contents specified in Article 58 of this Law.
3. For projects using state funds other than state budget funds, the authority to appraise construction investment projects is stipulated as follows:

a) The specialized construction agency shall, according to decentralization, preside over the appraisal of the basic designs specified in Points a, b, d, dd, e and g, Clause 2, Article 58 of this Law;

b) The specialized agency under the investment decision-maker shall preside over the appraisal of the technological design (if any) and other contents of the feasibility study report for construction investment.

4. For projects using other capital sources, the authority to appraise construction investment projects is stipulated as follows:

a) The specialized construction agency shall, according to decentralization, appraise the basic design of investment projects for special-grade and grade-I works, public works, and works with great impacts on landscape, environment and community safety. The specialized agency under the investment decision-maker shall preside over appraising the technological design (if any) and other contents of the feasibility study report for construction investment;

b) For projects using other capital sources not specified in Point a of this Clause, the investment decision-maker shall organize project appraisal by themselves;

c) For projects implemented under project contracts or public-private partnership contracts with state capital contribution, the specialized construction agency shall, according to decentralization, preside over appraising the projects’ basic design. The competent state agency as prescribed by the investment law shall appraise other contents in the feasibility study report for construction investment.

5. For construction investment projects that only need to prepare an economic-technical report on construction investment, the authority to appraise construction investment projects is stipulated as follows:

a) In case of using state budget funds, the specialized construction agency shall be responsible for presiding over the appraisal of the contents of the economic-technical report specified in Clause 4, Article 58 of this Law;

b) In case of using state funds other than state budget funds, the specialized construction agency shall, according to decentralization, be responsible for presiding over the appraisal of construction drawing designs and cost estimates. The specialized agency under the investment decision-maker shall appraise the technological design part (if any) and other contents of the economic-technical report on construction investment;

c) In case of using other capital sources, the investment decision-maker or investor shall organize the appraisal of construction drawing designs and cost estimates by themselves, except for special-grade and grade-I works and works with great impacts on the landscape, environment and community safety, and shall take responsibility for the appraisal contents.

6. Construction investment projects with requirements on fire and explosion prevention and fighting, environmental protection, national defense and security assurance must be appraised by competent state agencies.
7. The specialized construction agency or investment decision-maker may invite organizations and individuals with professional expertise and experience to participate in project appraisal or request the investor to select qualified organizations and individuals with construction capacity and construction practice capacity already registered on the website on construction capacity as prescribed by this Law to verify projects as a basis for appraisal and approval of projects. The costs of project verification and appraisal and basic design appraisal fees shall be included in the total investment of the project.
8. The agency presiding over the appraisal shall be responsible for summarizing appraisal results of the project and submit them to the investment decision-maker for consideration and decision.
9. Organizations and individuals participating in project appraisal and verification shall be legally responsible for their appraisal and verification results. Organizations and individuals that formulate projects must not participate in appraising or verifying projects formulated by themselves.

Article 58. Contents of appraisal of construction investment projects

1. The appraisal of construction investment projects covers the appraisal of basic designs and other contents of the feasibility study report for construction investment.
2. The contents of basic design appraisal include:

a) The conformity of the basic design with the detailed construction planning; the approved general plan or the selected route option for construction works built according to routes;

b) The suitability of the basic design to the construction location and its connectivity to the area’s technical infrastructure;

c) The suitability of selected technological options and technological lines for works requiring technological design;

d) The suitability of design solutions for construction safety assurance, environmental protection, fire and explosion prevention and fighting;

đ) The compliance with applied standards and technical regulations in design;

e) The construction capacity conditions of consulting organizations and practice capacity of individuals involved in design;

g) The conformity of solutions for organizing project implementation by stages and work items with requirements of the basic design.

3. Other contents of the feasibility study report subject to appraisal include:

a) Assessment of the necessity of construction investment, including the conformity with the investment policy, the ability to meet the increasing needs in scale, capacity and exploitation capacity to meet socio-economic development requirements and ensure national defense and security in each period;

b) Assessment of factors ensuring the project feasibility, including the conformity with the sectoral development planning and construction planning; the ability to meet land use needs and site clearance; the need to use resources (if any), the assurance of input factors and satisfaction of project outputs; solutions for organizing implementation; the investor’s management experience; environmental protection solutions; solutions for fire and explosion prevention and fighting, national defense and security assurance, and other factors;

c) Assessment of factors ensuring project efficiency, including total investment, project implementation progress; operation and maintenance costs; ability to mobilize capital according to the schedule, risk analysis, financial efficiency and socio-economic efficiency of the project.

4. For projects that only need an economic-technical report on construction investment as specified in Clause 3, Article 52 of this Law, the appraisal contents include:

a) Assessment of the investment necessity, scale, implementation time, total investment, and socio-economic efficiency;

b) Consideration of feasibility factors, including land use needs and site clearance ability; factors affecting the works such as national defense, security, environment, and other relevant legal provisions;

c) The reasonableness of construction design solutions; the compliance with applied standards, technical regulations and legal provisions on the use of construction materials for the works; the reasonableness of the selection of technological lines and equipment for works requiring technological design; the compliance with regulations on environmental protection, fire and explosion prevention and fighting;

d) Assessment of the conformity of work design solutions with the use function of the works, the safety level of the works and the assurance of safety for adjacent works;

đ) Assessment of the consistency between the main volume of the cost estimate and the design volume; the accuracy and reasonableness of application and use of construction norms and unit prices; determination of the work cost estimate value;

e) The construction capacity conditions of organizations and individuals conducting surveys, construction designs and preparation of economic-technical reports on construction investment.

Article 59. Time for appraisal of construction investment projects

The time for project appraisal is counted from the date the appraising agency or organization receives a complete and valid dossier, specifically as follows:

1. The appraisal time must not exceed 90 days for national important projects;
2. The appraisal time must not exceed 40 days for group-A projects;
3. The appraisal time must not exceed 30 days for group-B projects;
4. The appraisal time must not exceed 20 days for group-C projects and projects that only need an economic-technical report on construction investment;
5. In case an extension of the appraisal time is needed, the appraising agency or organization must report to the superior agency for consideration and decision on the extension; the extension time must not exceed the corresponding appraisal time specified in Clauses 1, 2, 3 and 4 of this Article.

Article 60. Authority to decide on construction investment

1. For projects using state budget funds, government bond funds, local government bond funds, official development assistance, concessional loans of foreign sponsors, state investment credit, investment funds from retained revenues not yet included in the state budget balance, other loans of local budgets for investment, the authority to decide on construction investment shall comply with the law on public investment.
2. For projects using government-guaranteed credit, loans secured by state assets, development investment funds of state enterprises, funds from non-business development funds, land use right value of state agencies, organizations and enterprises contributed as capital for construction investment, the authority to decide on construction investment is stipulated as follows:

a) The Prime Minister shall decide on the investment in national important projects;

b) The authorized representative of the agency, organization or enterprise shall decide on project investment in accordance with law.

3. For projects using other capital sources, the owner or owner’s representative shall decide on construction investment within the scope of their powers in accordance with law.

Article 61. Adjustment of construction investment projects

1. Cases eligible for adjustment of construction investment projects using state capital include:

a) Due to the impact of natural disasters, environmental incidents, enemies, fires and other force majeure factors;

b) Emergence of factors that bring higher efficiency to the project when the investor has proved the financial and socio-economic efficiency brought about by the project adjustment;

c) When there are changes in construction planning that directly affect the project;

d) When the construction price index announced by the Ministry of Construction or the provincial-level People’s Committee during the project implementation is higher than the construction price index used for calculating the price slippage contingency in the approved total investment of the project.

2. The adjustment of projects using state capital shall be decided by the investment decision-maker.
3. The adjustment of projects using other capital sources shall be decided by the investment decision-maker on the basis of ensuring the approved requirements on planning, safety, environmental protection, fire and explosion prevention and fighting, national defense and security.
4. In case the project adjustment changes the investment objectives, scale or construction location, it must be approved by a competent state agency.
5. The adjustment of construction investment projects must be appraised and approved.
6. The Government shall provide detailed regulations on the formulation, appraisal, approval and adjustment of construction investment projects.

Section 3. MANAGEMENT OF CONSTRUCTION INVESTMENT PROJECT IMPLEMENTATION

Article 62. Forms of organizing the management of construction investment projects

Based on the scale, nature, capital sources used and conditions for project implementation, the investment decision-maker shall decide to apply one of the following forms of project management organization:

1. Specialized construction investment project management units or regional construction investment project management units, applicable to projects using state budget funds or specialized projects using non-state budget funds of state economic groups or corporations.
2. Construction investment project management unit for a single project, applicable to group-A projects using state capital, which have special-grade works; use high technologies certified in writing by the Minister of Science and Technology; or are related to national defense and security and subject to state secrets.
3. Hiring project management consultancy for projects using non-state budget capital, other capital sources, and projects of a peculiar or single nature.
4. The investor shall use its specialized subordinate apparatus that has sufficient capacity conditions to manage the implementation of small-scale renovation and repair projects and projects with community participation.
5. Project management units and project management consultants specified in Clauses 1, 2 and 3 of this Article must have sufficient capacity conditions as prescribed in Article 152 of this Law.
6. The Government shall provide detailed regulations on the model, organization and operation of construction investment project management units.

Article 63. Specialized construction investment project management units and regional construction investment project management units

1. Ministers, heads of ministerial-level agencies, chairpersons of provincial-level People’s Committees, chairpersons of district-level People’s Committees, and authorized representatives of state enterprises shall decide to establish specialized construction investment project management units or regional construction investment project management units to manage a number of projects in the same sector, along the same route or in the same area.
2. Specialized construction investment project management units and regional construction investment project management units shall be assigned as investors of a number of projects and perform the functions and tasks of project management and participate in project management consultancy when necessary.
3. Specialized construction investment project management units and regional construction investment project management units have the following responsibilities:

a) To exercise the rights and perform the obligations of investors as prescribed in Article 68 of this Law, directly manage projects assigned by investment decision-makers, and exercise the rights and perform the obligations prescribed in Article 69 of this Law;

b) To hand over works to agencies or units in charge of management, operation and use; in case of necessity, when assigned by the investment decision-maker, to directly manage, operate and use the works.

4. Specialized construction investment project management units and regional construction investment project management units may provide project management consultancy for other projects upon request and shall exercise rights and perform obligations as prescribed in Article 70 of this Law.

Article 64. Construction investment project management unit for a single project

1. The investor shall establish a construction investment project management unit for a single project to directly manage the implementation of a project applicable to projects specified in Clause 2, Article 62 of this Law.
2. A construction investment project management unit for a single project has its own seal and account, performs tasks and exercises powers authorized by the investor. Its organizational structure consists of a director, deputy directors and professional and specialized staff members depending on the project requirements and nature. Members of the project management unit work on a full-time or part-time basis under the investor’s decision.

Article 65. Hiring of construction investment project management consultancy

1. The investor shall sign a project management consultancy contract with an organization or individual fully qualified for construction capacity in accordance with this Law to perform one, several or all of project management jobs.
2. The investor shall be responsible for supervising project management consultancy work and may authorize the consultant to perform project management tasks under the project management contract.

Article 66. Contents of construction investment project management

1. The contents of construction investment project management include management of scope and work plan; work volume; construction quality; implementation progress; construction investment costs; construction safety; environmental protection during construction; selection of contractors and construction contracts; risk management; management of construction information systems; and other necessary contents in accordance with this Law and other relevant laws.
2. The investor shall take responsibility for performing or assigning the project management unit, project management consultant or general contractor (if any) to perform part or the whole of the project management contents specified in Clause 1 of this Article.

Article 67. Management of construction investment project implementation progress

1. The investment decision-maker shall decide on the time and progress of implementation when approving the project. For works of a project using state budget funds, the construction progress must not exceed the construction time approved by the investment decision-maker.
2. The investor and the construction contractor must make a progress plan and construction methods and manage the project implementation according to the approved construction progress.
3. The investor shall be responsible for advance payment and payment for the completed volume according to the construction contract performance progress.
4. The investor and construction contractor are encouraged to propose and apply appropriate technical, technological and management solutions to shorten the construction time.

Section 4. RIGHTS AND OBLIGATIONS OF THE INVESTOR, CONSTRUCTION INVESTMENT PROJECT MANAGEMENT UNITS, CONSULTING CONTRACTORS AND INVESTMENT DECISION MAKER

Article 68. Rights and obligations of the investor in formulating and managing the implementation of construction investment projects

1. The investor has the following rights:

a) To formulate and manage projects when fully satisfying capacity conditions as prescribed by this Law;

b) To request related agencies and organizations to provide information and documents on project formulation and management;

c) To select and sign contracts with consulting contractors to formulate and manage projects;

d) To organize project formulation and management; to decide on the establishment and dissolution of a construction investment project management unit for a single project under its competence;

đ) Other rights as prescribed by law.

2. The investor has the following obligations:

a) To determine requirements and contents of project formulation tasks; to provide necessary information and documents in case of hiring consultants to formulate projects; to organize the acceptance of project formulation results and archive construction investment project dossiers;

b) To select a project formulation consulting organization that fully satisfies capacity conditions as prescribed by this Law;

c) To be responsible for the legal basis and accuracy of information and documents provided to consultants when formulating projects; to submit projects to competent authorities for approval in accordance with law;

d) To select organizations and individuals with full capability and experience to verify projects at the request of project-appraising agencies and organizations and of the investment decision-maker;

đ) To organize the management of project implementation as prescribed in Article 66 of this Law;

e) To inspect and supervise the project implementation; to periodically report on the project implementation to the investment decision-maker and competent state management agencies;

g) To recover capital and repay loan capital for projects subject to requirements on capital recovery and loan repayment;

h) Other obligations as prescribed by law.

Article 69. Rights and obligations of construction investment project management units

1. Construction investment project management units have the following rights:

a) To exercise project management rights authorized by investors;

b) To propose options and solutions for organizing project management, to propose to investors solutions to issues beyond their competence;

c) To hire consulting organizations to participate in project management when necessary, after obtaining approval of the investment decision-maker or investor.

2. Construction investment project management units have the following obligations:

a) To perform investors’ obligations in project management within the scope of authorization;

b) To organize the management of construction investment projects, ensuring the requirements on progress, quality, costs, safety and environmental protection in construction;

c) To report to investors on work in the course of project management;

d) To be responsible for law violations in managing project implementation;

đ) Other obligations as prescribed by law.

Article 70. Rights and obligations of consulting contractors to formulate and manage construction investment projects

1. Consulting contractors that formulate and manage construction investment projects have the following rights:

a) To request investors to provide information and documents related to assigned consulting tasks;

b) To have the intellectual property rights to their consulting products protected in accordance with law;

c) To refuse to comply with investors’ illegal requests;

d) Other rights as prescribed in contracts and by relevant laws.

2. Consulting contractors that formulate and manage construction investment projects have the following obligations:

a) To perform their obligations in accordance with the signed contract contents in conformity with construction operation capacity conditions prescribed by law;

b) To be responsible for the quality of work under the signed contracts;

c) To compensate for damage when using inappropriate information, documents, standards, technical regulations, technical solutions and management methods and violating contracts, causing damage to investors;

d) Other obligations as prescribed in contracts and by relevant laws.

Article 71. Rights and responsibilities of agencies and organizations appraising construction investment projects

1. Agencies and organizations that appraise construction investment projects have the following rights:

a) To request investors and related organizations and individuals to provide information for appraisal of projects and give explanations when necessary;

b) To collect the appraisal fee in accordance with the law on fees and charges;

c) To request investors to hire consulting organizations or invite consulting experts who have sufficient capacity and experience to participate in project appraisal when necessary;

d) To reserve appraisal opinions and refuse to comply with requests that distort project appraisal results.

2. Agencies and organizations appraising construction investment projects have the following responsibilities:

a) To appraise the contents of construction investment projects as prescribed by this Law;

b) To notify appraisal opinions and results in writing to the agencies or organizations presiding over project appraisal for summarization and reporting to investment decision-makers;

c) To take legal responsibility to the investment decision-maker for their appraisal opinions and results.

Article 72. Rights and responsibilities of the construction investment decision-maker

1. The construction investment decision-maker has the following rights:

a) To approve or authorize the approval of projects, designs, construction cost estimates and investment capital settlement;

b) Not to approve projects that fail to satisfy investment objectives and project efficiency;

c) To suspend the implementation of approved or ongoing construction investment projects when finding it necessary in accordance with law;

d) To change and adjust construction investment projects when finding it necessary in accordance with Article 61 of this Law;

đ) Other rights as prescribed by law.

2. The construction investment decision-maker has the following responsibilities:

a) To organize the appraisal of projects and decide on construction investment;

b) To ensure capital sources for implementing construction investment projects;

c) To inspect investors’ implementation of construction investment projects; to organize the supervision and assessment of construction investment projects under Article 8 of this Law;

d) To approve the settlement of investment capital upon completion of construction;

đ) To take legal responsibility for his/her decisions;

e) Other obligations as prescribed by law.

Chapter IV CONSTRUCTION SURVEY AND DESIGN

Section 1. CONSTRUCTION SURVEY

Article 73. Types of construction surveys

1. Topographical surveys.
2. Engineering geological surveys.
3. Hydrogeological surveys.
4. Current-status surveys of construction works.
5. Other survey work serving construction investment activities as decided by the investment decision-maker.

Article 74. Requirements on construction surveys

1. Construction survey tasks and technical plans must be formulated in conformity with types and grades of construction works, types of survey, design steps and requirements of construction design.
2. Technical plans for construction survey must meet the requirements of construction survey tasks and comply with applied construction survey standards and technical regulations.
3. Construction survey work must comply with technical plans for construction survey, ensuring safety and environmental protection, meeting requirements of approved construction survey tasks, and is subject to inspection, supervision and acceptance in accordance with regulations.
4. Construction survey results must be made into reports to ensure truthfulness and objectiveness and accurately reflect the reality, and must be approved.
5. Construction survey contractors must satisfy capacity conditions suitable to types and grades of construction works and types of survey.

Article 75. Main contents of reports on construction survey results

1. Survey bases, processes and methods.
2. Survey data; analysis and evaluation of survey results.
3. Conclusions on survey results and recommendations.

Article 76. Rights and obligations of the investor in construction survey

1. The investor has the following rights:

a) To conduct construction survey when fully satisfying capacity conditions;

b) To negotiate and sign construction survey contracts; to supervise and request construction survey contractors to properly perform the signed contracts;

c) To approve construction survey tasks and technical plans prepared by design consultants or survey contractors, and assign survey tasks to construction survey contractors;

d) To adjust construction survey tasks at reasonable requests of construction design consultants;

đ) To suspend or terminate construction survey contracts in accordance with law;

e) Other rights as prescribed by law.

2. The investor has the following obligations:

a) To select construction survey contractors and supervise construction survey in case of not conducting the construction survey and construction survey supervision by itself;

b) To provide construction survey contractors with information and documents related to the survey work;

c) To determine construction survey requirements and ensure conditions for construction survey contractors to perform their work;

d) To properly perform the signed construction survey contracts;

đ) To organize supervision of construction survey work; to accept and approve survey results in accordance with law;

e) To compensate for damage when providing inappropriate information and documents or violating construction survey contracts;

g) Other obligations as prescribed in contracts and by relevant laws.

Article 77. Rights and obligations of construction survey contractors

1. Construction survey contractors have the following rights:

a) To request investors and related parties to provide data and information related to survey contracts for conducting construction survey;

b) To refuse to comply with requests outside construction survey contracts;

c) To hire subcontractors to conduct construction survey in accordance with construction survey contracts;

d) Other rights as prescribed in contracts and by relevant laws.

2. Construction survey contractors have the following obligations:

a) To properly meet construction survey requirements as prescribed by this Law and construction survey contracts;

b) To propose supplementing construction survey tasks upon detecting factors directly affecting design solutions;

c) To take responsibility for construction survey results and quality of surveys conducted by themselves; to take responsibility for managing the survey quality of subcontractors (if any) and survey results of subcontractors. Subcontractors participating in construction survey shall take responsibility for their survey results before the prime contractor and law;

d) To compensate for damage when improperly performing survey tasks, using inappropriate survey-related information, documents, standards and technical regulations, and violating construction survey contracts;

đ) Other obligations as prescribed in contracts and by relevant laws.

Section 2. CONSTRUCTION DESIGN

Article 78. General provisions on construction design

1. Construction design includes preliminary design in the pre-feasibility study report, basic design in the feasibility study report, technical design, construction drawing design in the project implementation phase and other design steps (if any) according to international practice.
2. Construction design shall be carried out in one or several steps depending on the scale, nature, type and grade of construction works. The investment decision-maker shall decide on the number of design steps when approving construction investment projects.
3. Construction design of works shall be carried out in one or several steps as follows:

a) One-step design is the construction drawing design;

b) Two-step design includes basic design and construction drawing design;

c) Three-step design includes basic design, technical design and construction drawing design;

d) Design in other steps (if any).

4. Construction design documents after basic design include design explanations, design drawings, related construction survey documents, construction cost estimates and technical instructions (if any).
5. The Government shall provide detailed regulations on construction design steps, appraisal and approval of construction design.

Article 79. Requirements on construction design

1. To meet design task requirements; to suit the contents of approved construction investment projects, construction planning, architectural landscape, natural conditions, socio-cultural conditions of construction locations.
2. The contents of construction work design must meet the requirements of each design step.
3. To comply with applied standards, technical regulations, and regulations on the use of construction materials, meet the requirements on utility, applied technologies (if any); to ensure load-bearing safety, safety in use, aesthetics, environmental protection, climate change response, fire and explosion prevention and fighting, and other safety conditions.
4. To have appropriate design solutions and reasonable construction costs; to ensure synchronization in each work and with related works; to ensure convenience, hygiene and health conditions for users; to create conditions for people with disabilities, the elderly and children to use the works. To exploit advantages and limit adverse impacts of natural conditions; to prioritize the use of locally available materials and environmentally friendly materials.
5. Construction designs must be appraised and approved in accordance with this Law, except the case specified in Clause 7 of this Article.
6. Construction design contractors must fully satisfy capacity conditions suitable to the types and grades of works and jobs they perform.
7. Designs of separate houses are prescribed as follows:

a) Designs of separate houses must satisfy the design requirements specified in Clause 3 of this Article;

b) Households may design by themselves separate houses with a total floor area of under 250 m² or under 3 stories or lower than 12 meters, conformable with the approved construction planning, and shall take responsibility before law for design quality, impacts of construction works on the environment and safety of adjacent works.

Article 80. Main contents of construction designs elaborated after basic design

1. Architectural plan.
2. Technological plan (if any).
3. Functions of use.
4. Lifetime and process of operation and maintenance of works.
5. Structural plan and main materials.
6. Technical instructions.
7. Plan for fire and explosion prevention and fighting.
8. Plan for efficient and economical energy use.
9. Solutions for environmental protection and climate change response.
10. Construction cost estimate suitable to the construction design step.

Article 81. Competition and selection of architectural designs of construction works

1. Large-scale public works with special architectural requirements must have their architectural designs competed or selected before preparing the feasibility study report on construction investment. The investment decision-maker shall decide on the competition or selection of architectural designs of construction works.
2. Expenses for competition or selection of architectural designs of construction works shall be included in the total investment of the project.
3. Authors of architectural designs of construction works that win competitions or are selected have their copyrights protected, are given priority in selection for project formulation and construction design if fully satisfying capability conditions prescribed by law.
4. The Government shall detail the competition and selection of architectural designs of construction works.

Article 82. Authority to appraise and approve technical designs, construction drawing designs and construction cost estimates

1. For construction works using state budget funds:

a) The specialized construction agency shall, according to decentralization, preside over the appraisal of technical designs and construction cost estimates in case of three-step design; construction drawing designs and construction cost estimates in case of two-step design;

b) The investment decision-maker shall approve technical designs and construction cost estimates in case of three-step design; approve construction drawing designs and construction cost estimates in case of two-step design. The investor shall approve construction drawing designs in case of three-step design.

2. For construction works using state funds other than state budget funds:

a) The specialized construction agency shall, according to decentralization, preside over the appraisal of technical designs and construction cost estimates in case of three-step design; construction drawing designs and construction cost estimates in case of two-step design. Technological designs and other contents (if any) shall be appraised by the specialized agency under the investment decision-maker;

b) The investment decision-maker shall approve technical designs and construction cost estimates in case of three-step design, the investor shall approve construction drawing designs. In case of two-step design, the investor shall approve construction drawing designs and construction work cost estimates.

3. For construction works using other capital sources:

a) The specialized construction agency shall, according to decentralization, preside over the appraisal of technical designs in case of three-step design, construction drawing designs in case of two-step design for special-grade and grade-I works, public works and construction works with great impacts on the landscape, environment and community safety. Technological designs (if any) and construction cost estimates shall be appraised by the specialized agency under the investment decision-maker;

b) The specialized agency under the investment decision-maker shall appraise technical designs, construction drawing designs and construction cost estimates for remaining construction works;

c) The investment decision-maker or investor shall approve designs and construction cost estimates.

4. The specialized construction agency or investment decision-maker may invite organizations and individuals with professional expertise and experience to participate in appraising construction designs or request the investor to select qualified consultancy organizations and individuals with construction operation and practice capacities already registered on the website on construction operation capacity to verify designs and construction cost estimates as a basis for design and cost estimate appraisal and approval. Expenses for design verification and fees for appraisal of designs and construction cost estimates shall be included in the total investment of the project.
5. Competent state agencies as prescribed by law shall appraise environmental, fire and explosion prevention and fighting aspects and other contents as prescribed by law when appraising construction designs.
6. Agencies, organizations and individuals that verify, appraise and approve designs and construction cost estimates shall take legal responsibility for their verification, appraisal and approval results.

Article 83. Contents of appraisal of construction designs elaborated after basic design and of construction cost estimates

1. Conformity of construction designs of the subsequent step with construction designs of the previous step:

a) Technical designs with basic designs;

b) Construction drawing designs with technical designs in case of three-step design, with basic designs in case of two-step design, or with design tasks in case of one-step design.

2. Reasonableness of construction design solutions.
3. Compliance with applied standards, technical regulations and regulations on the use of construction materials for works.
4. Assessment of the suitability of work design solutions to the use functions of works, safety levels of works and assurance of safety of adjacent works.
5. Reasonableness of selection of technological chains and equipment for works requiring technological designs.
6. Compliance with regulations on environmental protection, fire and explosion prevention and fighting.
7. Conformity between the main volume of the cost estimate and the design volume; accuracy and reasonableness of application and use of construction norms and unit prices; determination of work cost estimates.
8. Capacity conditions of organizations and individuals conducting construction surveys and designs.

Article 84. Adjustment of construction designs

1. Approved construction designs may only be adjusted in the following cases:

a) When the adjustment of construction investment projects requires adjustment of construction designs;

b) When it is required to adjust construction designs in the course of construction to ensure the works quality and project efficiency.

2. When construction designs are adjusted as prescribed in Clause 1 of this Article and there are changes in engineering geology, design loads, structural solutions, structural loading materials or construction organization methods that affect the load-bearing safety of works, the adjustment of construction designs must be appraised and approved in accordance with Article 82 of this Law.

Article 85. Rights and obligations of the investor in construction design

1. The investor has the following rights:

a) To conduct construction design by itself when fully satisfying the conditions on construction operation and practice capacities suitable to types and grades of construction works;

b) To negotiate and sign construction design contracts; to supervise and request design contractors to properly perform the signed contracts;

c) To request construction design contractors to modify and supplement designs or select other design contractors to modify, supplement or change designs when the original design contractors refuse to perform these jobs;

d) To suspend the performance of or terminate construction design contracts in accordance with the provisions of contracts and relevant laws;

đ) Other rights prescribed in contracts and relevant laws.

2. The investor has the following obligations:

a) To select construction design contractors when not conducting construction design by itself;

b) To determine construction design tasks;

c) To fully provide information and documents to construction design contractors;

d) To properly perform the signed construction design contracts;

đ) To submit designs and construction cost estimates for appraisal and approval and pay appraisal fees;

e) To archive construction design documents;

g) To compensate for damage when violating construction design contracts;

h) Other obligations prescribed in construction design contracts and relevant laws.

Article 86. Rights and obligations of construction work design contractors

1. Construction work design contractors have the following rights:

a) To request investors and related parties to provide information and documents for construction design;

b) To refuse to perform requests beyond design tasks and design contracts;

c) To have copyright to construction designs;

d) To hire subcontractors to conduct construction design as prescribed in construction design contracts;

đ) Other rights prescribed in construction design contracts and relevant laws.

2. Construction work design contractors have the following obligations:

a) To undertake construction design only when their construction operation and design practice capacities are suitable;

b) To comply with applied standards and technical regulations for works; to prepare construction design documents meeting the requirements of design tasks and steps and provisions of construction design contracts and relevant laws;

c) To take responsibility for the quality of their design products, including the contents specified in Articles 79 and 80 of this Law; to take responsibility for the design quality of subcontractors (if any). Subcontractors participating in construction design shall take responsibility for their design results before prime contractors and law;

d) To conduct design author’s supervision in the course of construction;

đ) Not to designate manufacturers that supply construction materials, supplies and equipment in the contents of designs for works using state capital;

e) To compensate for damage when proposing survey tasks or using information, documents, construction standards and technical regulations or technical and technological solutions that are inappropriate and affect the works quality, and violate construction design contracts;

g) Other obligations prescribed in construction design contracts and relevant laws.

Article 87. Rights and responsibilities of agencies and organizations appraising designs and construction cost estimates

1. Agencies and organizations appraising designs and construction cost estimates have the following rights:

a) To request investors and related organizations and individuals to provide information for appraisal of designs and construction cost estimates and give explanations when necessary;

b) To collect appraisal fees in accordance with the law on fees and charges;

c) To invite experts to participate in appraisal or request investors to select consultancy organizations with sufficient capacity and experience to verify designs and construction cost estimates as a basis for appraisal when necessary;

d) To reserve appraisal opinions and refuse requests that distort appraisal results of designs and construction cost estimates.

2. Agencies and organizations appraising designs and construction cost estimates have the following responsibilities:

a) To appraise the contents of designs and construction cost estimates as prescribed by this Law;

b) To notify appraisal opinions and results in writing to agencies or organizations presiding over appraisal for summarization and reporting to investment decision-makers;

c) To take legal responsibility to the investment decision-maker for their appraisal opinions and results of designs and construction cost estimates.

Article 88. Archiving of construction work dossiers

1. The investor shall archive dossiers of completed construction works. Contractors participating in construction activities shall archive dossiers of the jobs they perform.
2. Dossiers serving the management and use of construction works shall be archived by work managers and users for at least the lifetime of the works as prescribed by law.
3. The formulation and archiving of construction work dossiers shall comply with the law on archives.
4. The Government shall detail the archiving of construction work dossiers.

Chapter V CONSTRUCTION PERMITS

Article 89. Subjects and types of construction permits

1. Before starting construction, the investor must obtain a construction permit granted by a competent state agency in accordance with this Law, except the case specified in Clause 2 of this Article.
2. Construction works exempted from construction permits include:

a) State secret works, emergency construction works and works located in administrative divisions of two or more provinces;

b) Works of construction investment projects decided on by the Prime Minister, ministers, heads of ministerial-level agencies, or chairpersons of People’s Committees at all levels;

c) Temporary works serving the construction of main works;

d) Works constructed along routes outside urban areas, which conform with construction planning approved by competent state agencies or for which the work route directions have been approved by competent state agencies;

đ) Works of industrial park, export-processing zone or hi-tech park projects for which 1/500 detailed planning has been approved by a competent state agency and designs have been appraised in accordance with this Law;

e) Houses of urban development projects or housing development projects with fewer than 7 stories and a total floor area of under 500 m² for which 1/500 detailed planning has been approved by a competent state agency;

g) Works subject to repair, renovation or installation of equipment inside the works, which does not alter their load-bearing structures and utility and affect the environment and work safety;

h) Works subject to repair or renovation which alters exterior architecture not adjacent to urban roads in areas subject to architecture management requirements;

i) Technical infrastructure works in rural areas which only require the formulation of economic-technical reports on construction investment and are located in areas without approved detailed planning of rural residential points;

k) Works constructed in rural areas where urban development planning and detailed construction planning have not been approved; separate houses in rural areas, except separate houses constructed in protection zones or historical or cultural relic areas;

l) Investors of construction works exempted from construction permits under Points b, d, dd and i of this Clause shall notify the time of construction commencement enclosed with construction design dossiers to local construction management agencies for monitoring and archiving.

3. Construction permits include:

a) New construction permits;

b) Permits for repair and renovation;

c) Permits for relocation of works.

4. Permits for the construction of special-grade and grade-I works will be granted by phase when their construction designs have been appraised in accordance with this Law.
5. For construction investment projects comprising many works, construction permits shall be granted for one, several or all of these works when the technical infrastructure of the construction area has been developed according to the construction planning approved by a competent state agency.

Article 90. Main contents of a construction permit

1. Name of the project work.
2. Name and address of the investor.
3. Location and position for work construction; construction route for route works.
4. Type and grade of the construction work.
5. Construction level.
6. Red-line and construction boundaries.
7. Construction density (if any).
8. Land use coefficient (if any).
9. For civil works, industrial works and separate houses, in addition to the contents specified in Clauses 1 thru 8 of this Article, there must be contents on total construction area, construction area of the first floor (ground floor), number of stories (including basements, attics, technical floors and staircase towers), and maximum height of the entire work.
10. The work construction commencement time must not exceed 12 months from the date of grant of the construction permit.

Article 91. Conditions for granting construction permits to works in urban areas

1. Being in line with detailed construction planning approved by a competent state agency. For works constructed in stable street areas and routes in urban centers for which no detailed construction planning has been approved, they must conform with regulations on management of planning and architecture or urban designs promulgated by competent state agencies.
2. Being suitable to the land use purpose according to the approved land use planning.
3. Ensuring safety for works and adjacent works and meeting requirements on environmental protection, fire and explosion prevention and fighting; ensuring safety of technical infrastructure and safety corridors for irrigation, dike, energy and transport works, cultural heritage zones, historical-cultural relics; ensuring safe distance from inflammable, explosive or dangerous works and works related to national defense and security.
4. Construction designs have been appraised and approved in accordance with Article 82 of this Law.
5. Dossiers of application for construction permits are suitable to each type of permit as prescribed in Articles 95, 96 and 97 of this Law.

Article 92. Conditions for granting construction permits to off-route works outside urban areas

1. Being suitable to the positions and general plans of projects already approved in writing by competent state agencies.
2. Satisfying the conditions prescribed in Clauses 3, 4 and 5, Article 91 of this Law.

Article 93. Conditions for granting construction permits to separate houses

1. General conditions for granting construction permits to separate houses in urban areas:

a) Being suitable to the land use purpose according to the approved land use planning;

b) Ensuring safety for works and adjacent works and meeting requirements on environmental protection, fire and explosion prevention and fighting; ensuring safety of technical infrastructure and safety corridors for irrigation, dike, energy and transport works, cultural heritage zones, historical-cultural relics; ensuring safe distance from inflammable, explosive or dangerous works and works related to national defense and security;

c) Designs of separate houses are made in accordance with Clause 7, Article 79 of this Law;

d) Dossiers of application for construction permits are prescribed in Clause 1, Article 95, Article 96 and Article 97 of this Law.

2. Separate houses in urban areas must satisfy the conditions prescribed in Clause 1 of this Article and conform with detailed construction planning; separate houses in stable street areas and routes in urban centers for which no detailed construction planning has been approved must conform with regulations on management of urban planning and architecture or urban designs promulgated by competent state agencies.
3. Separate houses constructed in rural areas must conform with the detailed construction planning of rural residential points.

Article 94. Conditions for granting temporary construction permits

1. General conditions for granting temporary construction permits:

a) Being located in areas with zoning construction planning approved and announced by a competent state agency but not yet implemented and not yet subject to land recovery decisions by a competent state agency;

b) Being suitable to the work size prescribed by the provincial-level People’s Committee for each area and the work existence duration according to the approved zoning construction planning implementation plan;

c) The investor commits to demolish the work by itself when the existence duration stated in the temporary construction permit expires; otherwise, the work will be compulsorily demolished and the investor shall bear all expenses for the compulsory demolition.

2. Works granted temporary construction permits must satisfy the conditions prescribed in Clause 1 of this Article and Clauses 2, 3, 4 and 5, Article 91 of this Law.
3. For separate houses, apart from the conditions prescribed in Clause 1 of this Article, the conditions prescribed in Clause 1, Article 93 of this Law must also be met.
4. For works and separate houses granted temporary construction permits, if construction planning is not yet implemented when the permits expire, the permit-granting agencies shall notify owners or users of these works of the adjustment of construction planning and extend their temporary construction permits.
5. Works and separate houses in areas with zoning construction planning approved by a competent state agency and with annual district-level land use plans may not be granted temporary construction permits for new construction; they are only granted temporary construction permits for repair or renovation.

Article 95. Dossiers of application for new construction permits

1. A dossier of application for a new construction permit for a separate house comprises:

a) An application for a construction permit;

b) A copy of one of the papers proving land use rights in accordance with the land law;

c) Construction design drawings;

d) For works adjacent to other works, there must be written commitments to ensuring safety for these adjacent works.

2. A dossier of application for a construction permit for an off-route work comprises:

a) An application for a construction permit;

b) A copy of one of the papers proving land use rights in accordance with the land law;

c) A copy of the project approval or investment decision;

d) Construction design drawings;

đ) A written declaration of the capacity and experience of the designing organization and the design manager or chief designer, enclosed with a copy of the practice certificate of the design manager or chief designer.

3. A dossier of application for a construction permit for a route work comprises:

a) Documents prescribed at Points a, c, d and dd, Clause 2 of this Article;

b) Written approval by a competent state agency of the work route position and direction;

c) The land recovery decision of a competent state agency in accordance with the land law.

4. A dossier of application for a construction permit for a religious work comprises:

a) Documents prescribed in Clause 2 of this Article;

b) Written approval by a competent state agency in charge of religion of the necessity of construction and size of the work.

5. A dossier of application for a construction permit for a monument or mural comprises:

a) Documents prescribed in Clause 2 of this Article;

b) A copy of the permit or written approval by a competent state management agency in charge of culture of the necessity of construction and size of the work.

6. A dossier of application for a construction permit for an advertisement work comprises:

a) Documents prescribed in Clause 2 of this Article; in case land or a work is leased for advertisement, there must be a copy of the land or work lease contract;

b) A copy of the permit or written approval by a competent state management agency in charge of advertisement of the necessity of construction and size of the work.

7. A dossier of application for a construction permit for a work of a foreign diplomatic mission or international organization must comply with the Government’s regulations.

Article 96. Dossiers of application for construction permits for repair or renovation of works

1. An application for a permit for repair or renovation of a work.
2. A copy of one of papers proving the right to own, manage or use the work or house in accordance with law.
3. Drawings or photos of the current status of the work or house parts or items to be renovated.
4. For ranked historical-cultural relics, landscapes and technical infrastructure works, there must be a written approval by a competent state management agency in charge of culture of the necessity of construction and size of the work.

Article 97. Dossiers of application for construction permits for relocation of works

1. An application for a permit for relocation of a work.
2. A copy of a paper proving the land use right in the area to which the work is to be relocated, and a paper proving the lawful ownership of the work in accordance with law.
3. Drawings of the work completion (if any) or design drawings describing the current status of the work to be relocated, including the plan, cross section of the foundation and drawings of the major load-bearing structure; a drawing of the general plan of the area to which the work is to be relocated; a drawing of the plan and cross section of the foundation at the location to which the work is to be relocated.
4. Survey results and assessment of the work quality by an organization or individual fully qualified for construction survey and assessment.
5. A relocation plan made by an organization or individual fully qualified for work relocation, comprising:

a) An explanation about the current status of the work and relocation area; relocation solutions and plans on arrangement and use of vehicles, equipment and workforce; solutions to ensuring safety for the work and adjacent people, machinery, equipment and works; environmental sanitation assurance; relocation schedule; and the organization and individuals relocating the work;

b) Drawings of the work relocation construction measures.

Article 98. Adjustment of construction permits

1. During construction, if design adjustments lead to changes in one of the following contents, the investor must request adjustment of the construction permit:

a) Change in exterior architectural form of a work in an urban area subject to architecture management requirements;

b) Change in one of the factors of construction location and area, scale, height or number of stories of the work or other factors affecting the major load-bearing structure;

c) Adjustment of interior design that changes the use function and affects safety, fire and explosion prevention and fighting, or environmental protection.

2. A dossier of request for adjustment of a construction permit comprises:

a) A written request for adjustment of the construction permit;

b) The original issued construction permit;

c) Design drawings related to the adjusted part compared with the design already licensed for construction;

d) The appraisal report and the investor’s written approval of the adjusted design (except separate houses), which must contain contents on assurance of load-bearing safety, fire and explosion safety, and environmental protection.

Article 99. Extension of construction permits

1. Before a construction permit expires, if the construction work is not yet commenced, the investor must request an extension of the construction permit. Each construction permit may be extended a maximum of 2 times, each extension for 12 months. After a construction permit has been extended but construction is still not yet commenced, the investor must submit a dossier of application for a new construction permit.
2. A dossier of request for extension of a construction permit comprises:

a) A written request for extension of the construction permit;

b) The original issued construction permit.

3. For a work or separate house already granted a temporary construction permit, if the permit’s validity duration expires but the plan is not yet implemented, the work owner or user shall request the permit-granting agency to consider extending the existence duration until the plan is implemented. The work existence duration shall be recorded in the issued temporary construction permit.

Article 100. Re-granting of construction permits

1. A construction permit shall be re-granted when it is torn, tattered or lost.
2. A dossier of request for re-granting of a construction permit comprises:

a) A written request for re-granting of the construction permit;

b) The original issued construction permit, for torn or tattered permits.

Article 101. Revocation or invalidation of construction permits

1. A construction permit shall be revoked in the following cases:

a) It is granted ultra vires;

b) The investor fails to remedy its construction in contravention of the construction permit within the time limit stated in the handling document at the request of a competent state agency.

2. If the investor fails to return a construction permit to the granting agency within 10 days after a competent state agency issues a decision to revoke the permit in the case specified in Clause 1 of this Article, the granting agency or a competent agency shall decide to invalidate the construction permit and notify such to the investor and the People’s Committee of the commune where exists the construction work. The decision to invalidate a construction permit shall be posted on the website of the Department of Construction.

Article 102. Processes for grant, re-grant, adjustment and extension of construction permits

1. The process for grant and adjustment of construction permits is prescribed as follows:

a) The investor shall submit 2 sets of dossiers of request for grant or adjustment of a construction permit to the agency competent to grant construction permits;

b) The agency competent to grant construction permits shall receive dossiers of organizations and individuals requesting the grant or adjustment of construction permits; examine the dossiers; record its certification of receipt of valid dossiers or guide investors to complete their dossiers in case they are invalid;

c) Within 7 working days after receiving a dossier, the agency competent to grant construction permits shall examine the dossier and inspect the site. In examining the dossier, the competent agency shall identify the absence of any documents or the presence of any documents not yet satisfying prescribed requirements or not yet matching the reality in order to notify the investor once in writing for supplementation and completion of the dossier. If the supplemented dossier still fails to satisfy the requirements stated in the notification, the competent agency shall, within 5 working days, notify the investor in writing and guide the investor to further complete the dossier. The investor shall supplement and complete the dossier according to the notification. If the supplemented dossier still fails to satisfy the notified contents, the competent agency shall, within 3 working days, notify the investor of the reason for refusal to grant a permit;

d) Based on the size, characteristics and type of the work and the construction site indicated in the dossier of request for a construction permit, the agency competent to grant construction permits shall collate with relevant regulations of this Law in order to send a written request for opinions of state management agencies in charge of fields related to the construction work in accordance with law;

đ) Within 12 days for works and separate houses after receiving a dossier, the consulted state management agencies shall issue their written replies on the contents under their management. After this time limit, if these agencies give no opinion, they will be considered having agreed and shall take responsibility for the contents under their management; the permit-granting agency shall base themselves on current regulations to decide on the grant of a construction permit;

e) Within 30 days after receiving a complete and valid dossier, the agency competent to grant construction permits shall consider granting a construction permit, including a temporary construction permit, adjusted construction permit or relocation permit, or within 15 days for a separate house. If a construction permit is not granted by the set time limit, the permit-granting agency shall notify the investor in writing of the reason and concurrently report such to its direct management agency for consideration, direction and implementation, which, however, must not exceed 10 days after the expiration of the time limit prescribed in this Clause.

2. The process for extension and re-grant of construction permits is prescribed as follows:

a) The investor shall submit 2 sets of dossiers of request for extension or re-grant of a construction permit to the agency competent to grant construction permits;

b) Within 5 working days after receiving a complete and valid dossier, the agency competent to grant construction permits shall consider extending or re-granting the construction permit.

3. The receipt of results and payment of fees for the grant of construction permits are prescribed as follows:

a) The investor shall receive the construction permit enclosed with the design dossier submitted for the construction permit, which bears the stamp of the permit-granting agency, at the place of receipt of the dossier by the time limit stated in the dossier receipt;

b) The investor shall pay a fee in accordance with regulations when submitting the dossier of request for a construction permit.

4. If a dossier fails to satisfy the conditions for the grant of a construction permit by the time limit prescribed in Clause 2 of this Article, the permit-granting agency shall notify the investor in writing, clearly stating the reason. If the competent agency fails to give a reply by the time limit stated in the dossier receipt, the investor may construct the work according to the design dossier already appraised and approved as prescribed in the dossier of request for a construction permit.
5. The Government shall detail dossiers of request for grant, adjustment, extension, re-grant or revocation of construction permits for each type of permit and each type of work.
6. The Minister of Construction shall detail forms of application and design drawings in dossiers of request for construction permits.

Article 103. Competence to grant, adjust, extend, re-grant and revoke construction permits

1. The Ministry of Construction shall grant construction permits for special-grade works.
2. Provincial-level People’s Committees shall grant construction permits for grade-I and grade-II construction works; religious works; ranked historical-cultural relic works, monuments and murals; works along main routes and axes in urban centers; and works of foreign direct investment projects. Provincial-level People’s Committees may decentralize the grant of construction permits to Departments of Construction and management boards of economic zones, industrial parks, export-processing zones or hi-tech parks under the scope of management and functions of these agencies.
3. District-level People’s Committees shall grant construction permits for construction works and separate houses built in urban centers, centers of commune clusters, protection zones, and historical-cultural relic zones under their management, except construction works prescribed in Clauses 1 and 2 of this Article.
4. Agencies competent to grant construction permits are also competent to adjust, extend, re-grant and revoke construction permits they have granted.
5. If an agency that is competent to grant construction permits fails to revoke construction permits it has granted ultra vires, the provincial-level People’s Committee shall directly decide to revoke such permits.

Article 104. Responsibilities of agencies competent to grant construction permits

1. To publicly post up and explain and guide the implementation of regulations on the grant of construction permits.
2. To monitor compliance with, give replies on results of, or notify investors of dossiers failing to satisfy the conditions for the grant of construction permits.
3. To grant construction permits according to the process and within the time limit prescribed in Article 102 of this Law.
4. To assume the prime responsibility for, and coordinate with related functional agencies in, inspecting the construction according to construction permits; to suspend the construction and revoke construction permits under their competence when investors seriously violate regulations.
5. Persons competent to grant construction permits shall take legal responsibility and pay compensations for damage caused by their wrongful or delayed grant of permits in accordance with law.

Article 105. Responsibilities of agencies and organizations related to the grant of construction permits

1. To perform their responsibilities prescribed at Point dd, Clause 1, Article 102 of this Law.
2. To take necessary measures upon receiving notices from competent agencies on the handling of violations of works constructed not according to planning or without or not according to construction permits.

Article 106. Rights and obligations of applicants for construction permits

1. Organizations and individuals applying for construction permits have the following rights:

a) To request construction permit-granting agencies to explain and guide and properly implement regulations on the grant of construction permits;

b) To complain about, initiate lawsuits against or denounce violations of law in the grant of construction permits;

c) To commence construction of works in accordance with this Law.

2. Organizations and individuals applying for construction permits have the following obligations:

a) To submit complete dossiers and pay construction permit fee;

b) To take responsibility for the accuracy and truthfulness of the contents of their dossiers of application for construction permits;

c) To notify in writing the commencement date of construction to the People’s Committee of the commune where the construction work is located within 7 working days before commencing the construction;

d) To comply with the contents of construction permits.

Chapter VI Construction of Works

Section 1. Preparation for Construction of Works

Article 107. Conditions for commencement of construction

1. The following conditions must be met to commence construction:
   a) The construction site is available for handover in whole or in part according to the construction schedule;
   b) The construction permit has been obtained for works requiring permits under Article 89 of this Law;
   c) The approved construction drawing designs for the commenced items or works have been checked and certified by the investor on the drawings;
   d) The construction contract has been signed between the investor and selected contractor;
   đ) Sufficient funds have been allocated according to the work construction schedule;
   e) Safety and environmental protection measures during construction are in place.
2. For construction of separate houses, only the condition specified at Point b, Clause 1 of this Article needs to be met.

Article 108. Preparation of construction sites

1. Land recovery, land allocation, land lease, compensation, and site clearance shall comply with the land law. People’s Committees at all levels shall direct and organize compensation, support, site clearance and resettlement for construction investment projects as prescribed by law.
2. The site clearance duration must meet the schedule requirements of the approved project or decision of competent persons.
3. The handover of the entire or partial construction site for construction shall be agreed upon between the investor and construction contractor.
4. Funding for compensation, support, site clearance and resettlement (if any) must be ensured.

Article 109. Requirements for construction sites

1. Investors shall install construction signboards at construction sites, except for separate houses under 7 stories. The signboards must indicate:
   a) Name and scale of the work;
   b) Commencement and completion dates;
   c) Name, address and telephone number of the investor, construction contractor, construction design organization, and organization or individual supervising construction;
   d) Perspective drawing of the work.
2. Construction contractors shall manage the entire construction site as prescribed by law, unless the investor organizes the management. The contents of construction site management include:
   a) Fencing off, installing guard posts and easily visible signboards to separate the construction site from the outside;
   b) Arranging the construction site within the scope of construction of the work in accordance with the approved general construction ground plan and the specific conditions of the construction location;
   c) Arranging pending materials, supplies and equipment in an orderly manner according to the general construction ground plan;
   d) Having signs showing the general plan of the work, safety, fire and explosion prevention and fighting, and other necessary signs within the construction site.
3. Construction contractors shall take measures to ensure safety for people and vehicles entering and exiting the construction site, and properly store and handle construction wastes without adversely affecting the environment surrounding the construction area.

Article 110. Requirements on use of construction materials

1. To ensure safety, efficiency, economy and environmental friendliness.
2. Materials and components used for the construction work must comply with the approved construction design and technical instructions (if any), and meet quality requirements prescribed by the law on standards and technical regulations and the law on product and goods quality.
3. Construction materials used for production, processing and fabrication of semi-finished products must satisfy the requirements specified in Clauses 1 and 2 of this Article.
4. Priority shall be given to the use of locally available and domestic materials. For projects using state funds, the use of imported materials must be specified in bidding dossiers or requirements in conformity with construction designs and technical instructions (if any) decided by investment deciders.

Section 2. Construction of Works

Article 111. Requirements for construction of works

1. To comply with the approved construction design, applied standards and technical regulations for the work, regulations on use of construction materials; ensure load-bearing safety, safety in use, aesthetics, environmental protection, fire and explosion prevention and fighting, and other safety conditions prescribed by law.
2. To ensure safety for the construction work, people and equipment, underground works and adjacent works; to take necessary measures to minimize damage to people and property when incidents occur, causing unsafety during construction.
3. To apply separate technical safety measures for work items or jobs with strict requirements on labor safety, fire and explosion prevention and fighting.
4. To use materials, supplies of proper types, specifications and quantities according to construction design requirements and ensure economy during construction.
5. To inspect, supervise and accept construction jobs, important construction phase transition when necessary, and work items and completed construction works before putting them into operation and use.
6. Construction contractors must fully satisfy capacity conditions suitable to types and grades of works and construction jobs.

Article 112. Rights and obligations of investors in construction of works

1. Investors have the following rights:
   a) To construct works by themselves when possessing suitable construction capacity or select construction contractors;
   b) To negotiate and sign construction contracts; supervise and request construction contractors to properly perform the signed contracts;
   c) To suspend the performance of or terminate contracts with construction contractors as prescribed by law and construction contracts;
   d) To suspend construction, and request construction contractors to remedy consequences of violations of regulations on work quality, safety and environmental protection;
   đ) To request related organizations and individuals to coordinate in performing jobs during construction;
   e) Other rights as prescribed by law.
2. Investors have the following obligations:
   a) To select contractors with construction operation capacity suitable to types and grades of works and construction jobs;
   b) To coordinate with and participate in compensation and site clearance with local People’s Committees for handover to construction contractors;
   c) To organize supervision and quality management in construction suitable to the project management form and construction contract;
   d) To inspect construction methods and measures to ensure safety and environmental sanitation;
   đ) To organize the acceptance, payment and settlement of works;
   e) To hire qualified consultancy organizations to assess the quality of works when necessary;
   g) To consider and decide proposals on design of contractors during construction;
   h) To archive construction work dossiers;
   i) To take responsibility for the quality and origin of materials, supplies, equipment and construction products they supply for use in the works;
   k) To compensate for damage caused by their breaches of contract and other violations;
   l) Other obligations as prescribed by law.

Article 113. Rights and obligations of construction contractors

1. Construction contractors have the following rights:
   a) To refuse to comply with unlawful requests;
   b) To propose modifying construction designs to suit construction reality to ensure quality and efficiency;
   c) To request payment for the value of completed construction volumes according to contracts;
   d) To suspend construction when there is a risk of unsafety to people and works or the work hirers fail to properly perform commitments in the contracts;
   đ) To request compensation from work hirers;
   e) Other rights prescribed in contracts and relevant laws.
2. Construction contractors have the following obligations:
   a) To undertake construction of only works or jobs suitable to their construction operation capacity and strictly perform the signed contracts;
   b) To make and submit to investors for approval construction method designs, which specify measures to ensure safety for people, machinery, equipment and works;
   c) To carry out construction according to the design, applied standards and technical regulations to ensure quality, progress, safety and environmental protection;
   d) To have a suitable quality management system and establish construction quality management dossiers;
   đ) To comply with requirements for construction sites;
   e) To take responsibility for the quality and origin of materials, supplies, equipment and construction products they supply for use in the works;
   g) To manage labor at construction sites and ensure security, order and environmental protection;
   h) To make as-built drawings and participate in the acceptance of works;
   i) To provide warranty for works;
   k) To compensate for damage when breaching contracts, using improper materials, failing to meet design requirements, carrying out improper construction that fails to ensure quality and causes environmental pollution and committing other violations;
   l) To take responsibility for construction quality according to the design, including that of the part performed by subcontractors (if any); subcontractors shall take responsibility for the quality of the part they perform before prime contractors and law;
   m) Other obligations prescribed in contracts and relevant laws.

Article 114. Rights and obligations of design contractors in construction

1. Design contractors have the following rights:
   a) The rights specified in Clause 1, Article 86 of this Law;
   b) To request investors and construction contractors to comply with the design;
   c) To refuse investors’ unreasonable requests to modify the design;
   d) To refuse to accept works or work items constructed not according to the design;
   đ) Other rights prescribed in contracts and relevant laws.
2. Design contractors have the following obligations:
   a) The obligations specified in Clause 2, Article 86 of this Law;
   b) To assign a person with sufficient capacity to supervise the design author as prescribed in the contract, who shall take legal responsibility for their violations and compensate for damage they cause;
   c) To participate in the acceptance of construction works under construction design contracts with investors;
   d) To consider handling unreasonable points in construction designs at investors’ request;
   đ) Upon detecting construction not compliant with the approved design, to promptly notify investors and propose handling measures;
   e) Other obligations prescribed in contracts and relevant laws.

Article 115. Safety in construction of works

1. During construction, investors and construction contractors shall ensure safety for works, laborers and equipment working at construction sites.
2. Investors shall assign a person with sufficient capacity to monitor and inspect contractors’ compliance with safety regulations; temporarily suspend or stop construction when detecting incidents that cause work unsafety or signs of violations of safety regulations; coordinate with contractors in handling and remedying incidents or occupational accidents; and promptly notify competent authorities when works incidents or fatal occupational accidents occur.
3. Construction contractors shall propose and implement measures to ensure safety for people, machinery, equipment, assets, works under construction, underground works and adjacent works; machinery, equipment and supplies used for construction with strict requirements on labor safety must be safety-tested before being put into use.

Article 116. Environmental protection in construction of works

During construction, construction contractors shall:

1. Formulate and implement environmental protection measures during construction, including air environment, water environment, solid wastes, noise and other requirements as prescribed by the law on environmental protection.
2. Compensate for environmental damage caused by their violations.

Article 117. Relocation of construction works

1. The relocation of a construction work from one location to another must conform with the approved construction planning, ensure work quality and safety and not affect adjacent works, and preserve the architecture of works that need to be preserved.
2. When relocating construction works, the investor or owner must obtain a permit for relocation of the construction work.
3. Contractors relocating construction works shall take measures to ensure labor safety, safety for relocated works and adjacent works, and environmental protection.

Article 118. Demolition of construction works

1. Construction works shall be demolished in the following cases:
   a) To clear the site for constructing new works or temporary works;
   b) The works are at risk of collapse, affecting the community and adjacent works;
   c) Works are constructed in no-construction zones as prescribed in Clause 3, Article 12 of this Law;
   d) Works are constructed not according to planning, without permits for works requiring permits, or not according to granted permits;
   đ) Works encroach on public land or land under lawful use rights of organizations or individuals; or are constructed not according to approved designs for cases eligible for exemption from construction permits;
   e) Separate houses need to be demolished for new construction.
2. The demolition of construction works must meet the following requirements:
   a) Works may only be demolished under decisions of competent state agencies (if any);
   b) Works must be demolished according to the approved demolition plan and solutions to ensure safety and environmental protection.
3. Responsibilities of parties in demolishing construction works are prescribed as follows:
   a) Organizations or individuals assigned to organize the demolition shall take responsibility for complying with Clause 2 of this Article; take legal responsibility and pay compensations for damage they cause;
   b) Organizations or individuals that own or are using works subject to demolition shall comply with demolition decisions of competent state agencies; in case of non-compliance, they will be coerced and bear all demolition costs;
   c) Persons competent to decide on demolition shall take legal responsibility for consequences of failure to issue decisions, untimely decisions or decisions in contravention of law.

Article 119. Construction work incidents

1. During construction, operation or use of works, if any risk of unsafety or incident that affects the safety of human life, adjacent works and the community is detected, investors, construction contractors, work operation and use managers, and competent state agencies shall:
   a) Promptly request suspension of construction, operation or use of works and take measures to ensure safety for people and assets;
   b) Take necessary measures to limit and prevent potential dangers to works; promptly notify competent related organizations and individuals;
   c) Protect the site, except in cases urgent remedies are needed to stop damage.
2. When detecting or being notified of work incidents, competent state agencies and related organizations and individuals shall, within the ambit of their tasks and powers:
   a) Immediately take urgent measures to remedy the incidents;
   b) Competent state agencies shall organize assessment of incident causes and clarify responsibilities of organizations and individuals causing the incidents.
3. Works subject to incidents may only be constructed or put into operation and use when permitted by competent state agencies that have settled the incidents.
4. Organizations and individuals causing work incidents shall pay compensations and related costs, be administratively sanctioned; individuals may be investigated for penal liability as prescribed by law.

Section 3. SUPERVISION OF CONSTRUCTION, ACCEPTANCE AND HANDOVER OF CONSTRUCTION WORKS

Article 120. Supervision of construction of works

1. Construction works must be supervised in terms of quality, volume, progress, labor safety and environmental protection during construction.
   The State encourages construction supervision of separate houses.
2. The supervision of construction of works must meet the following requirements:
   a) Being conducted throughout the construction process from the commencement, during the implementation until the completion, and acceptance of construction jobs and works;
   b) Supervising the construction according to the approved construction design, applied standards, technical regulations, regulations on management and use of construction materials, technical instructions and construction contracts;
   c) Being honest, objective and non-profitable.
3. Selected construction supervision contractors must propose supervision solutions and procedures for quality, volume, progress, labor safety and environmental protection control, procedures for inspection and acceptance, measures to manage records and documents during supervision, and other necessary contents.

Article 121. Rights and obligations of investors in supervision of construction of works

1. Investors have the following rights:
   a) To supervise construction by themselves when they fully satisfy construction supervision capacity conditions and take responsibility for their supervision;
   b) To negotiate and sign construction supervision contracts; to monitor, supervise and request construction supervision contractors to properly perform the signed contracts;
   c) To change or request consultancy organizations to change supervisors in case the supervisors fail to comply with regulations;
   d) To suspend or terminate construction supervision contracts in accordance with law;
   đ) Other rights prescribed in contracts and relevant laws.
2. Investors have the following obligations:
   a) To select consultants that fully satisfy capacity conditions suitable to types and grades of construction works to sign construction supervision contracts in case they do not conduct construction supervision by themselves;
   b) To notify related parties of the rights and obligations of supervision consultants;
   c) To promptly handle proposals of supervisors;
   d) To fully perform obligations agreed in construction supervision contracts;
   đ) To archive construction supervision results;
   e) To pay compensations when selecting supervision consultants that fail to fully meet supervision capacity conditions, improperly accepting volumes or designs, and committing other violations that cause damage;
   g) Other obligations prescribed in contracts and relevant laws.

Article 122. Rights and obligations of construction supervision contractors

1. Construction supervision contractors have the following rights:
   a) To participate in acceptance and certification of completed construction jobs and works;
   b) To request construction contractors to comply with the approved design and signed construction contract;
   c) To reserve opinions on supervision jobs they undertake;
   d) To temporarily suspend construction when detecting that works are at risk of unsafety or contractors violate the design and promptly notify investors for handling;
   đ) To refuse unreasonable requests of related parties;
   e) Other rights prescribed in contracts and relevant laws.
2. Construction supervision contractors have the following obligations:
   a) To conduct supervision according to contracts;
   b) Not to accept volumes that fail to ensure quality and meet requirements of applied standards, technical regulations and work designs;
   c) To refuse to accept works that fail to meet quality requirements;
   d) To propose to investors unreasonable points in construction designs;
   đ) To supervise the implementation of regulations on safety and environmental protection;
   e) To pay compensations when distorting supervision results of volumes constructed not according to designs or applied standards and technical regulations but failing to report to investors or competent persons for handling, and committing other violations;
   g) Other obligations prescribed in contracts and relevant laws.

Article 123. Acceptance of construction works

1. Acceptance of construction works covers:
   a) Acceptance of construction jobs during construction and acceptance of important construction phase transitions when necessary;
   b) Acceptance of completed work items and construction works for putting into operation and use.
2. Completed work items and construction works may only be put into operation and use after being accepted as satisfying requirements on construction designs, applied standards and technical regulations for works, regulations on management and use of construction materials, and being accepted as prescribed by this Law.
3. Investors shall organize the acceptance of construction works. Organizations and individuals participating in the acceptance shall take responsibility for products they certify when accepting construction works.
4. National important projects, large-scale or technically complex works, works with great impacts on community safety and the environment, and works using state funds must have their acceptance inspected during construction and upon construction completion. Responsibilities to organize acceptance inspection are prescribed as follows:
   a) The state acceptance council for construction works shall inspect investors’ acceptance of national important projects and large-scale or technically complex works;
   b) Specialized construction agencies shall inspect investors’ acceptance of works other than those specified at Point a of this Clause.
5. The Government shall detail the management of quality, acceptance and settlement of incidents of construction works.

Article 124. Handover of construction works

1. The handover of construction works must comply with the following provisions:
   a) The works have been accepted in accordance with regulations of the construction law;
   b) Safety in operation and exploitation is ensured when the works are put into use.
2. Investors shall receive works according to the signed contracts with contractors. Participants in the handover of works shall take responsibility for the products they certify during the handover. In case investors are not the managers and users of works, they shall hand over the works to work managers and users after organizing the acceptance of the works. The handover of construction works must be recorded in minutes.
3. When handing over construction works, construction contractors shall transfer to investors drawings of completed works, operation guidance, work maintenance processes, lists of equipment, spare parts and supplies, and other necessary related documents.
4. In case works cannot be handed over to management and use owners, investors shall temporarily manage and operate the works.

Section 4. WARRANTY AND MAINTENANCE OF CONSTRUCTION WORKS

Article 125. Warranty of construction works

1. Construction contractors shall provide warranty for works they construct. Work equipment and technological equipment suppliers shall provide warranty for equipment they supply.
2. The warranty of works covers the fixing, repair and replacement of damaged or defective equipment due to contractors’ faults.
3. The warranty duration of works, work equipment and technological equipment shall be determined according to types and grades of construction works and regulations of manufacturers or equipment supply contracts.
4. The Government shall detail the warranty of construction works.

Article 126. Maintenance of construction works

1. Requirements on the maintenance of construction works are prescribed as follows:
   a) Construction works and work items must be maintained when put into operation and use;
   b) Maintenance processes must be formulated by investors and approved before putting work items and construction works into operation and use; they must suit the use purposes, types and grades of construction works and work items, and equipment constructed and installed in the works;
   c) The maintenance of works must ensure safety for works, people and assets.
2. Owners or management and use owners of works shall maintain construction works, and work machinery and equipment.
3. The maintenance of construction works and work equipment must comply with approved maintenance plans and processes.
4. The Government shall detail the maintenance of construction works and responsibilities to announce construction works with expired lifetime.

Article 127. Suspension of operation and use of construction works

1. Investors, operation and use managers or competent state agencies shall decide to suspend the operation and use of construction works when the works’ lifetime expires or they are at risk of causing unsafety or incidents that affect the safety of users, adjacent works, the environment and the community.
2. When deciding to suspend the operation and use of common-use works, investors, use managers or competent state agencies shall notify in writing organizations, individuals and households using the works of their decision.
3. The operation and use of construction works may only be resumed after the incidents have been remedied or risks of causing unsafety have been eliminated. In case works have expired lifetime, if they need to be used continuously, owners or users shall conduct quality assessment, reinforcement, renovation and repair of damage (if any) to ensure safety and use functions of the works.

Section 5. CONSTRUCTION OF PECULIAR WORKS

Article 128. Peculiar construction works

1. Peculiar construction works include:
   a) State secret works;
   b) Works constructed under emergency orders;
   c) Temporary construction works.
2. The Government shall detail this Article.

Article 129. Construction of state secret works

1. State secret works shall be constructed according to requirements to ensure secrecy in construction investment activities in the fields of national defense, security, foreign affairs, economy, science, technology and other fields.
2. Agencies, organizations and individuals assigned to manage and construct state secret works may decide and take responsibility for implementing and organizing the implementation of construction of works from the stage of project formulation, survey, design and construction to the stage of acceptance for putting the works into use.
3. The Government shall decide on the construction of state secret works.

Article 130. Construction of works under emergency orders

1. Works constructed under emergency orders are constructed to promptly meet urgent requirements for prevention and control of natural disasters and enemies and other urgent requirements.
2. Agencies, organizations and individuals assigned to manage the construction of works under emergency orders may decide by themselves the order of survey, design and construction suitable to urgent requirements; take responsibility for organizing the implementation of construction of works and ensuring the prompt satisfaction of requirements and implementation progress in order to minimize possible damage to people and property.

Article 131. Construction of temporary works

1. Temporary construction works are works constructed to serve the construction of main works.
2. Investors and construction contractors shall self-organize the appraisal and approval of designs and estimates for the construction of temporary works and construct temporary works according to the approved designs and estimates.
3. Temporary construction works must be demolished when the main works of the project are put into operation, except in case such works conform with the approved construction planning.

Chapter VII CONSTRUCTION INVESTMENT COSTS AND CONSTRUCTION CONTRACTS

Section 1. MANAGEMENT OF CONSTRUCTION INVESTMENT COSTS

Article 132. Principles of management of construction investment costs

1. The management of construction investment costs must ensure investment objectives and project efficiency, and suit the construction investment process and capital sources used. Construction investment costs must be determined correctly and adequately for each project, work and construction package according to design requirements, construction conditions and market price levels.
2. The State shall manage construction investment costs through promulgating, guiding and inspecting the implementation of legal provisions; guiding methods of formulating and managing construction investment costs, calculating work volumes, machine shift prices and construction equipment prices, adjusting construction estimates, construction price indices, and controlling construction investment costs; guiding and managing the grant of construction pricing certificates; and announcing construction norms and prices and construction price indices.
3. Investors shall manage construction investment costs from the project preparation stage until the completion of construction for putting the project into operation and use within the total investment approved for the project. Investors may hire qualified consultancy organizations or individuals to formulate, verify and control construction investment costs.
4. The inspection, examination and auditing of construction investment costs must be conducted based on conditions and methods for determining construction investment costs approved by investment decision-makers and investors in conformity with regulations and guidelines on formulation and management of construction investment costs and construction investment processes.
5. Construction investment costs of projects using state capital must be determined according to regulations on formulation and management of construction investment costs.

Article 133. Contents of management of construction investment costs

1. Contents of management of construction investment costs include total investment, construction estimates, prices of construction packages, construction contract prices, construction norms and prices, project management and construction investment consultancy costs; payment and settlement of construction contracts, payment and settlement of construction investment capital; rights and obligations of investment decision-makers, investors and construction contractors in managing construction investment costs.
2. The Government shall detail the management of construction investment costs.

Article 134. Total construction investment

1. The total construction investment is the total construction investment cost of a project determined according to the basic design and contents of the construction investment feasibility study report. In case a pre-feasibility study report is required, the preliminary determination of the total investment according to the preliminary design shall serve as a basis for estimating the construction investment cost.
2. The total construction investment covers construction costs, equipment costs, compensation, support and resettlement costs, project management costs, construction investment consultancy costs, other costs, and contingency costs for arising volumes and price slippage. For projects only requiring economic-technical reports on construction investment, the total construction investment covers costs in the construction cost estimate prescribed in Article 135 of this Law, compensation, support and resettlement costs, and other costs.
3. The total construction investment shall be determined according to the construction volume calculated under the basic design and other necessary requirements of the project or according to construction investment capital norms or from cost data of similar completed works.
4. The total construction investment must be appraised and approved and serves as a basis for managing project costs. For projects using state capital, the approved total construction investment is the maximum cost level the investor is allowed to use to implement the project.
5. The approved total construction investment of projects using state capital may only be adjusted when the projects are adjusted as prescribed in Clause 1, Article 61 of this Law. For projects using other capital sources, the adjustment of total investment shall be decided by investment decision-makers.

Article 135. Construction estimates

1. A construction estimate is the necessary cost for constructing a work, implementing a construction package or performing a construction job, which is determined based on the volumes calculated from technical designs or construction drawing designs, work requirements, and construction norms and prices.
2. A construction estimate covers costs of construction, equipment, project management, construction investment consultancy and other costs, and contingency costs.
3. Construction estimates of projects using state capital approved under Clauses 1 and 2, Article 82 of this Law shall serve as a basis for determining prices of bid packages and negotiating and signing construction contracts.
4. Approved construction estimates of projects using state capital may only be adjusted in the following cases:
   a) The total construction investment is adjusted as prescribed in Clause 1, Article 61 of this Law;
   b) It is permitted to change or supplement the design in a way not contrary to the basic design or change the structure of construction estimate costs without exceeding the approved total construction investment;
   c) The adjustment of work construction estimates must be appraised and approved in accordance with the construction law.
5. The adjustment of construction estimates of projects using other capital shall be decided by investment decision-makers or investors.

Article 136. Construction norms and prices and construction price indices

1. The construction norm system includes techno-economic norms and cost norms. Construction work prices include unit prices and aggregate prices for groups or types of construction jobs, structural units, work parts or entire works.
2. Unit prices of construction works shall be determined based on market prices or construction norms and prices of materials, labor, construction machines and other necessary cost elements suitable to the market price levels in construction areas.
3. The system of construction norms and prices prescribed in Clause 1 of this Article announced by competent state agencies shall serve as a basis for investors to use and refer to in determining and managing construction investment costs.
4. A construction price index is an indicator reflecting the fluctuation of construction work prices over time and serves as a basis for determining and adjusting total investment, work construction estimates and contract prices, and managing construction investment costs.

The Ministry of Construction shall announce national construction price indices, provincial-level People’s Committees shall announce local construction price indices.

Article 137. Payment and settlement of construction investment projects

1. The payment and settlement of construction investment projects must comply with regulations on investment capital management. Investors or their lawful representatives shall take legal responsibility for the accuracy and lawfulness of unit prices, volumes and values proposed for payment in payment dossiers.
2. Construction works, after their completion, acceptance and handover for use, must have their investment projects settled. For projects using state capital, investment decision-makers shall approve the settlement of investment projects within the limit of the approved total investment. The time limit for settlement of construction investment projects must comply with the Government’s regulations.
3. The payment and settlement of construction contracts must comply with Articles 144 and 147 of this Law.

Section 2. CONSTRUCTION CONTRACTS

Article 138. General provisions on construction contracts

1. A construction contract is a civil contract agreed in writing between the hiring party and contractor for performing part or the whole of a job in construction investment activities.
2. Principles for signing construction contracts:
   a) Voluntariness, equality, cooperation, and compliance with law and social ethics;
   b) Ensuring the availability of funds for payment as agreed in the contract;
   c) Completion of contractor selection and conclusion of contract negotiation;
   d) In case the contractor is a partnership of contractors, there must be a partnership agreement. Members of the partnership shall sign and affix their seals (if any) on the construction contract, unless otherwise agreed by the parties.
3. Principles for performing construction contracts:
   a) The contract parties shall properly perform commitments in the contract regarding scope of work, quality, quantity and type requirements, time limit, method and other agreements;
   b) Honesty, cooperation and compliance with law;
   c) No infringement upon state interests, community interests and lawful interests of other organizations and individuals.
4. The language used in construction contracts is Vietnamese. In case a construction contract involves a foreign party, the language used shall be Vietnamese and another language as agreed by the contract parties.
5. The signing and performance of construction contracts must comply with this Law and relevant laws.

Article 139. Validity of construction contracts

1. A construction contract takes effect when fully satisfying the following conditions:
   a) The signatories have full civil act capacity and lawful competence;
   b) The principles for signing construction contracts prescribed at Point a, Clause 2, Article 138 of this Law are complied with;
   c) The contractor fully satisfies the conditions on construction operation and practice capacity prescribed by this Law.
2. The effective date of a construction contract is the date of its signing or another specific date as agreed by the contract parties.

Article 140. Types of construction contracts

1. Construction contracts are categorized by nature and contents of jobs to be performed and type of contract price applied.
2. By nature and contents of jobs to be performed, construction contracts include:
   a) Construction consultancy contracts;
   b) Construction contracts;
   c) Equipment supply and installation contracts;
   d) Design – equipment and material procurement – construction contracts, and turnkey contracts;
   đ) Other construction contracts.
3. By type of contract price applied, construction contracts include:
   a) Lump-sum contracts;
   b) Fixed unit price contracts;
   c) Adjustable unit price contracts;
   d) Time-based contracts;
   đ) Cost-plus fee contracts;
   e) Combined price contracts;
   g) Other construction contracts;
   h) Construction contracts using state capital may only apply the types of contracts specified at Points a, b, c and d or combination of these types of this Clause.

Article 141. Contents of construction contracts

1. A construction contract contains the following contents:
   a) Applicable legal grounds;
   b) Applicable language;
   c) Contents and volume of work;
   d) Quality, technical requirements, acceptance and handover of work;
   đ) Contract performance duration and schedule;
   e) Contract price, advance payment, currency used for payment and payment of construction contract;
   g) Contract performance security and advance payment security;
   h) Adjustment of construction contract;
   i) Rights and obligations of parties to the construction contract;
   k) Liabilities for contract breaches, and rewards and penalties for contract breaches;
   l) Suspension and termination of the construction contract;
   m) Settlement of disputes over the construction contract;
   n) Risks and force majeure events;
   o) Settlement and liquidation of the construction contract;
   p) Other contents.
2. For general construction contracts, apart from the contents prescribed in Clause 1 of this Article, the contents and management responsibilities of general contractors must be added.
3. The Government shall detail construction contracts.

Article 142. Construction contract dossiers

1. A construction contract dossier includes a contract with contents prescribed in Article 141 of this Law and enclosed documents.
2. Enclosed documents include some or all of the following:

a) Notice of bid winning or contractor appointment;

b) Specific contract conditions or terms of reference, for construction consultancy contracts;

c) General contract conditions;

d) Bidding dossiers or requirements of the hiring party;

đ) Design drawings and technical instructions;

e) Bid dossiers or proposals of the contractor;

g) Contract negotiation minutes, contract modification or supplementation documents;

h) Contract annexes;

i) Other relevant documents.

3. The order of priority of application of documents enclosed with construction contracts shall be agreed upon by the contracting parties. In case the contracting parties fail to reach an agreement, these documents shall apply in the order specified in Clause 2 of this Article.

Article 143. Adjustment of construction contracts

1. The adjustment of construction contracts covers adjustment to the volume, progress and unit price of contracts and other contents as agreed by the parties in the contracts. The adjustment of construction contracts may only be applied during the contract performance duration.
2. Cases eligible for adjustment of construction contracts:

a) When agreed by the parties in the contract in conformity with this Law and other relevant laws;

b) When the State changes policies, directly affecting the contract performance, unless otherwise agreed by the contracting parties;

c) When the adjusted project affects the contract, unless otherwise agreed by the contracting parties;

d) Force majeure events as prescribed by law.

3. In addition to the provisions of Clauses 1 and 2 of this Article, the adjustment of construction contract prices of projects using state capital must also comply with the following provisions:

a) The adjustment of contract performance unit prices shall only apply to adjustable unit price contracts and time-based contracts;

b) The unit prices in contracts shall be adjusted according to the contents, scope, method and basis for contract adjustment as agreed upon by the parties in the contracts in accordance with law;

c) When the adjustment of contracts changes investment objectives or contract performance duration or exceeds the approved construction package estimate, it must be permitted by investment decision-makers.

Article 144. Payment of construction contracts

1. The payment of construction contracts must suit the type of contract and contract price and conditions as signed by the parties.
2. The contracting parties shall agree on the payment method, time and dossiers and conditions.
3. The hiring party shall fully pay each installment to the contractor after deducting advance and work warranty amounts as agreed in the contract, unless otherwise agreed by the parties.
4. For lump-sum contracts, the payment shall be made at the percentage of the contract price or the work, work item or volume corresponding to the payment period as agreed by the parties in the contract.
5. For fixed unit price and adjustable unit price contracts, the payment shall be made based on the actually completed and accepted volume and the contract unit price or adjustable unit price as agreed in the contract.
6. For time-based contracts, consultancy expert costs shall be determined based on expert remuneration levels and other costs related to consultancy expert activities multiplied by the actually accepted working time (by month, week, day or hour).
7. For cost-plus fee contracts, the payment shall be made based on direct costs of contract performance and management costs and profit of the contractor as agreed.
8. The payment for arising volumes not yet priced in construction contracts shall be made as agreed in the contracts.
9. The currency used for payment of construction contracts is Vietnam Dong; in case a foreign currency is used for payment, it shall be agreed by the contracting parties provided it is not contrary to regulations of law on foreign exchange management.

Article 145. Suspension and termination of construction contracts

1. The contracting parties may suspend the performance of construction contracts in the following cases:

a) The hiring party may suspend the performance of a construction contract when the contractor fails to meet contractual requirements on quality, labor safety and schedule;

b) The contractor may suspend the performance of a construction contract when the hiring party breaches agreements on payment.

2. The hiring party may terminate the contract performance in the following cases:

a) The contractor is bankrupt or dissolved;

b) The contractor refuses or continuously fails to perform contractual jobs, causing breaches of the performance schedule as agreed in the contract.

3. The contractor may terminate the contract in the following cases:

a) The hiring party is bankrupt or dissolved;

b) Due to the hiring party’s fault, the work is continuously suspended beyond the duration agreed by the parties, unless otherwise agreed by the parties;

c) The hiring party fails to make payment to the contractor beyond the duration agreed by the parties after the hiring party receives a valid payment dossier, unless otherwise agreed by the parties.

4. Before a party suspends or terminates the performance of a construction contract as prescribed in Clauses 1, 2 and 3 of this Article, it shall notify the other party in writing and clearly state the reason for suspension or termination; if failing to notify and thereby causing damage to the other party, it shall pay compensations.

Article 146. Rewards and penalties for, and compensation for damage caused by breaches of, and settlement of disputes over, construction contracts

1. Rewards and penalties for construction contracts must be agreed upon by the parties and stated in the contracts.
2. For construction works using state capital, the contractual penalty level must not exceed 12% of the value of the breached contractual part. In addition to the agreed penalty level, the contract breaching party shall pay compensations for damage caused by it to the other party or any third party (if any) in accordance with this Law and other relevant laws.
3. The contractor shall compensate the hiring party for damage in the following cases:

a) The work quality does not meet contractual agreements or the completion is delayed due to the contractor’s fault;

b) Damage is caused to people and assets within the warranty period due to the contractor’s fault.

4. The hiring party shall compensate the contractor in the following cases:

a) Due to the hiring party’s fault, the contractual work is interrupted or delayed or faces risks, or machinery, equipment, materials and components are piled up;

b) The hiring party fails to provide necessary documents and conditions for the work as agreed in the contract, compelling the contractor to re-construct, suspend or modify the work;

c) In case it is prescribed in the construction contract that the hiring party shall supply materials and equipment and other requirements but fails to do so within the prescribed time and according to requirements;

d) The hiring party delays payment as agreed in the contract.

5. In case a party fails to perform or improperly performs its contractual obligations, then after performing such obligations or applying remedies, it shall also pay compensations if the other party still suffers from other damage; compensations must be equivalent to the other party’s losses.
6. In case a party breaches the contract due to a third party’s fault, the breaching party shall take responsibility before the other party for the breach. Disputes between the breaching party and the third party shall be settled in accordance with law.
7. In case a party’s contract breaching act infringes upon the other party’s health, interests or assets, the aggrieved party may request the breaching party to bear responsibility for the contract breach in accordance with the contractual agreement and relevant laws.
8. Principles and procedures for settling disputes over construction contracts:

a) Contractual agreements and commitments in contract performance shall be respected, and equality and cooperation shall be ensured;

b) The contracting parties shall negotiate to settle disputes by themselves. In case they fail to negotiate, the disputes shall be settled through conciliation, commercial arbitration or courts in accordance with law.

Article 147. Settlement and liquidation of construction contracts

1. The contractor shall settle construction contracts with the hiring party in a manner suitable to the type of contract and form of contract price applied. The contents of construction contract settlement must comply with agreements in the construction contracts.
2. The time limit for construction contract settlement shall be agreed upon by the parties. Particularly for construction contracts using state capital, the time limit for contract settlement must not exceed 60 days from the date of acceptance of the entire contractual work, including arising work (if any). For large-scale construction contracts, the time limit for contract settlement may be extended but must not exceed 120 days.
3. A construction contract shall be liquidated in the following cases:

a) The parties have fulfilled their contractual obligations;

b) The construction contract is terminated or cancelled in accordance with law.

4. The time limit for liquidation of construction contracts shall be agreed by the contracting parties. For construction contracts using state capital, the time limit for contract liquidation is 45 days after the parties fulfill their contractual obligations or the contract is terminated under Clause 2, Article 145 of this Law. For large-scale construction contracts, the contract liquidation may be extended but must not exceed 90 days.

Chapter VIII CONDITIONS FOR CONSTRUCTION CAPACITY

Article 148. General provisions on capacity conditions of organizations and individuals engaged in construction activities

1. Individuals participating in construction activities must have diplomas and training certificates suitable to the jobs they undertake, issued by lawful training institutions.
2. Contractors being foreign organizations and individuals operating in construction in Vietnam must comply with regulations on bidding and obtain construction operating licenses from state management agencies in charge of construction.
3. Individuals independently practicing in construction activities must have practice certificates as prescribed for the following titles: labor safety; project directors, individuals directly participating in project management; head of construction planning design; construction survey manager; manager and head of construction design and design verification; site chief commander; construction supervision; construction assessment; construction pricing. Practice certificates are classified into grades I, II and III.
4. Organizations participating in construction activities are classified into grades I, II and III by competent state agencies in charge of construction and granted capacity certificates. The Ministry of Construction grants grade-I capacity certificates; Departments of Construction grant grade-II and grade-III capacity certificates. Organizations participating in construction activities must register business lines suitable to their activities as prescribed by law.
5. The Government shall detail capacity conditions of organizations and individuals engaged in construction activities; conditions, competence, order and procedures for licensing operations of contractors being foreign organizations and individuals; programs, contents, forms of organization of tests for granting practice certificates and capacity certificates for organizations, and conditions of training institutions providing professional training in construction activities.

Article 149. Construction practice certificates

1. A construction practice certificate is a document certifying an individual’s practice capacity, which is granted by a competent agency to individuals specified in Clause 3, Article 148 of this Law who possess appropriate professional qualifications and work experience in the practice domain.
2. To be granted a construction practice certificate, an individual must satisfy the following conditions:

a) Having professional qualifications suitable to the contents of the requested practice certificate;

b) Having participated in jobs suitable to the contents of the requested practice certificate for a prescribed period of time and with prescribed experience;

c) Having passed a test of professional experience and legal knowledge related to the practice domain.

3. The competence to test and grant construction practice certificates is prescribed as follows:

a) The specialized agency of the Ministry of Construction is competent to test and grant grade-I construction practice certificates;

b) Departments of Construction and socio-professional organizations that fully satisfy the conditions prescribed by the Government are competent to test and grant other grades of construction practice certificates.

Article 150. Conditions of organizations formulating construction planning designs

1. Having appropriate capacity to formulate construction planning designs.
2. Individuals holding the titles of manager and head of construction planning design projects must have appropriate practice certificates and capacity for each type of construction planning.

Article 151. Conditions of organizations formulating and verifying construction investment projects

1. Having appropriate construction operation capacity for formulating and verifying construction investment projects.
2. Individuals holding the titles of manager of project formulation and verification; individuals participating in project formulation and verification must have practice capacity appropriate to each type of construction investment project. Participating members must have sufficient capacity for project formulation appropriate to the requirements of the construction investment project.

Article 152. Conditions of project management consultancy organizations and construction investment project management units

1. A construction investment project management consultancy organization must satisfy the following conditions:

a) Having appropriate construction operation capacity suitable to the project management job according to the project size and type;

b) Individuals holding the titles of project director and individuals directly participating in project management must have appropriate qualifications, training, work experience and practice certificates suitable to the project size and type.

2. A construction investment project management unit must satisfy the following conditions:

a) Being established under a decision of a competent agency or organization, for specialized or regional construction investment project management units, or of the investor, for project management units established by the investor;

b) Having appropriate construction operation capacity suitable to the project management job according to the project size and type;

c) Having an organizational structure suitable to the requirements of project management tasks; having a stable head office and working office;

d) Individuals holding the titles of project director and individuals directly participating in project management must have appropriate qualifications, training, work experience and practice certificates suitable to the project size and type.

Article 153. Conditions of construction survey organizations

1. Having sufficient construction survey capacity.
2. Each construction survey task must have a construction survey manager designated by the construction survey contractor. The construction survey manager must have sufficient construction survey practice capacity and an appropriate practice certificate. Individuals participating in each construction survey job must have qualifications suitable to their assigned jobs.
3. Construction survey-serving machinery and equipment must meet quality requirements and ensure safety for survey and environmental protection.
4. Construction survey-serving laboratories must meet prescribed standards and be recognized by competent state management agencies in charge of construction.

Article 154. Conditions of organizations designing and verifying construction work designs

1. Having sufficient capacity for designing and verifying construction work designs.
2. Individuals holding the titles of manager and head of design must have construction design practice capacity and practice certificates appropriate to the requirements of the work type and grade.

Article 155. Conditions of organizations providing consultancy on supervision of work construction and construction assessment

1. Having sufficient capacity appropriate to the jobs of construction supervision and construction assessment.
2. Individuals providing consultancy on construction work supervision and construction assessment must have practice certificates appropriate to the jobs they perform.

Article 156. Conditions of organizations providing consultancy on management of construction investment costs

1. Having sufficient operation capacity for managing construction investment costs.
2. Individuals in charge of making, verifying and managing construction investment costs must have construction pricing practice certificates.

Article 157. Conditions of work construction organizations

1. Having sufficient construction operation capacity corresponding to the type and grade of construction works.
2. The site chief commander must have work construction practice capacity and an appropriate practice certificate.
3. Having construction equipment meeting requirements on construction safety and quality.

Article 158. Conditions of individuals independently practicing

Individuals independently practicing construction planning design, construction survey, work construction design, construction survey supervision, work construction supervision or construction pricing must satisfy the following conditions:

1. Registering activities in domains suitable to the practice contents;
2. Having practice certificates and capacity suitable to the jobs they perform.

Article 159. Management and supervision of construction operation capacity

1. Organizations participating in construction activities shall register information on their construction operation capacity with the Ministry of Construction or the Department of Construction of the locality where their head offices are located.
2. Individuals independently practicing in construction activities shall register information on their practice capacity with the Department of Construction of the locality where they reside.
3. The Ministry of Construction and Departments of Construction shall guide the registration of information on construction operation capacity of organizations and practice capacity of individuals for posting on websites under their management; inspect and handle violations in complying with regulations on operation capacity conditions of investors and organizations and individuals participating in construction activities.
4. Investors shall inspect and assess the declaration of construction operation capacity and construction practice capacity of bidding contractors and their suitability to bid package requirements and the information on construction operation capacity already registered under this Article.

Chapter IX RESPONSIBILITIES FOR STATE MANAGEMENT OF CONSTRUCTION INVESTMENT OF STATE AGENCIES

Article 160. Contents of state management of construction investment activities

1. Formulating and directing the implementation of strategies, schemes, plans and plans on development of the construction market and capacity of the construction sector.
2. Promulgating and organizing the implementation of legal documents on construction.
3. Formulating and promulgating standards and technical regulations on construction.
4. Organizing and uniformly managing construction planning, project management, project appraisal and construction design; promulgating and announcing construction norms and prices.
5. Guiding, inspecting and assessing the management of construction work quality; management of construction investment costs and construction contracts; management of construction operation capacity, bidding management in construction activities; and management of labor safety and hygiene and environmental protection in work construction.
6. Granting and revoking permits, certificates and written certifications in construction investment activities.
7. Inspecting, examining, and settling complaints and denunciations and handling violations in construction investment activities.
8. Organizing research on and application of science and technology and dissemination of knowledge and law on construction.
9. Training human resources participating in construction investment activities.
10. Managing and providing information for serving construction investment activities.
11. Managing and archiving construction work dossiers.
12. Conducting international cooperation in construction investment activities.

Article 161. Responsibilities of the Government

1. Performing unified state management of construction investment activities nationwide; directing the formulation and implementation of strategies and plans; promulgating legal documents on construction.
2. Directing ministries, ministerial-level agencies and localities in implementing the construction law; assigning and decentralizing state management to ministries, ministerial-level agencies and localities; directing the settlement of important and complex problems arising in the process of managing construction investment activities.

Article 162. Responsibilities of the Ministry of Construction

The Ministry of Construction is responsible before the Government for performing unified state management of construction investment activities and has the following responsibilities:

1. Assuming the prime responsibility for formulating and submitting to the Government and the Prime Minister legal documents, strategies, schemes, plans and plans on development of the construction market and capacity of the construction sector.
2. Promulgating and organizing the implementation of legal documents within its competence on construction; promulgating national technical regulations on construction and technical guidance documents on construction within its competence.
3. Organizing and managing construction planning, project management, project appraisal and construction design; promulgating and announcing construction norms and prices.
4. Directing, guiding, inspecting and assessing the management of construction work quality; monitoring, inspecting and proposing handling of quality and safety of national important projects, large-scale or technically complex works during construction investment and operation and use; managing construction investment costs and construction contracts; managing construction operation capacity, bidding management in construction activities; and organizing and approving construction work quality awards.
5. Granting, re-granting, adjusting, extending and revoking permits, certificates and written certifications in construction investment activities within its competence.
6. Inspecting, examining, and settling complaints and denunciations and handling violations in construction investment activities.
7. Organizing research on and application of science and technology and dissemination of knowledge and law on construction.
8. Organizing professional training for cadres and civil servants of state management agencies in charge of construction.
9. Guiding, inspecting and assessing the management of labor safety and hygiene and environmental protection in work construction.
10. Coordinating with related ministries, ministerial-level agencies and localities in inspecting and assessing project implementation.
11. Managing and providing information for serving construction investment activities.
12. Managing and archiving construction work dossiers.
13. Conducting international cooperation in construction investment activities.
14. Performing other tasks in construction investment activities assigned by the Government.

Article 163. Responsibilities of ministries and ministerial-level agencies

1. In the scope of its powers, a ministry managing specialized construction works has the following responsibilities:
   a) Coordinating with the Ministry of Construction in performing state management of construction investment activities and being responsible for management of the quality of specialized construction works as prescribed by this Law;
   b) Researching, promulgating, guiding and inspecting the implementation of specialized technical regulations, standards and techno-economic norms after reaching agreement with the Ministry of Construction; organizing professional training in construction investment for cadres and civil servants of its attached agencies and units;
   c) Monitoring, inspecting and summarizing the situation of supervision and assessment of specialized construction investment within the scope of its management as prescribed by law;
   d) Coordinating with and assisting other related ministries, agencies and organizations and People’s Committees at all levels in implementing specialized construction investment projects regarding issues under its management.
2. Ministries and ministerial-level agencies have the following responsibilities:
   a) Performing state management functions according to their assigned tasks and powers; promulgating documents within their competence; directing the organization of implementation of construction plannings and construction investment plans; organizing the guidance, inspection and handling of violations of law in construction investment activities;
   b) Coordinating with the Ministry of Construction and other related agencies, organizations and People’s Committees at all levels in carrying out construction investment activities regarding issues under their assigned management;
   c) Summarizing the situation, inspecting and assessing construction investment activities and being responsible for management of the quality of construction works under their assigned management;
   d) Periodically and annually reporting on the situation of management of their construction investment activities to the Ministry of Construction for summarization and monitoring;
   đ) Performing other tasks as prescribed by law.

Article 164. Responsibilities of People’s Committees at all levels

1. Provincial-level People’s Committees have the following responsibilities:
   a) Performing state management of construction investment activities in their localities according to the Government’s decentralization; promulgating documents within their competence; directing the organization of implementation of construction plannings and construction investment plans; organizing the guidance, inspection, supervision and handling of violations of law in construction investment activities;
   b) Coordinating with and assisting other ministries and ministerial-level agencies in organizing the implementation, monitoring, inspection and supervision of construction investment projects under their management in their localities. Being responsible for management of the quality of construction works under their assigned management;
   c) Periodically and annually reporting on the situation of management of local construction investment activities to the Ministry of Construction for summarization and monitoring;
   d) Organizing professional training in construction investment for cadres and civil servants of their attached agencies and units;
   đ) Performing other tasks as prescribed by law.
2. District- and commune-level People’s Committees have the following responsibilities:
   a) Performing state management of construction investment activities in their localities according to decentralization; organizing professional training in construction investment for cadres and civil servants of their attached agencies and units;
   b) Coordinating with and assisting superior People’s Committees in organizing the implementation, monitoring, inspection and supervision of construction investment projects under their management in their localities. Being responsible for management of the quality of construction works under their assigned management;
   c) Periodically and annually reporting on the situation of management of local construction investment activities to superior People’s Committees for summarization and monitoring;
   d) Performing other tasks as prescribed by law.

Article 165. Construction inspectorates

1. Construction inspectorates of the Ministry of Construction and Departments of Construction shall perform the functions of administrative and specialized inspection of organizations and individuals participating in construction investment activities.
2. The Ministry of Construction shall direct and organize specialized inspection of construction investment activities nationwide. Departments of Construction shall organize specialized inspection of construction investment activities in localities.
3. Specialized inspection in construction investment activities covers:
   a) Inspecting the compliance with law by agencies, organizations and individuals in construction investment activities;
   b) Detecting, preventing and handling according to their competence or proposing competent state agencies to handle violations of the construction law.
4. The Government shall detail construction inspectorates.

Chapter X IMPLEMENTATION PROVISIONS

Article 166. Transitional provisions

1. Construction investment projects already approved before the effective date of this Law are not required to be re-approved; activities not yet implemented must comply with this Law.
2. Construction investment project management units for a project using state capital established before the effective date of this Law are not required to transform their project management form in accordance with Clauses 1 and 2, Article 62 of this Law.
3. Works constructed before the effective date of this Law which are existing in conformity with construction planning but no longer architecturally appropriate after site clearance may exist according to their current conditions; in case of renovation or repair of works, this Law must be complied with.
4. The Government shall detail Clause 1 of this Article.

Article 167. Effect

1. This Law takes effect on January 1, 2015.
2. The Construction Law No. 16/2003/QH11 and Article 1 of the Law Amending and Supplementing a Number of Articles of Laws concerning Capital Construction Investment No. 38/2009/QH12 cease to be effective on the effective date of this Law.

Article 168. Detailing

The Government and competent agencies shall detail the articles and clauses assigned in the Law.

This Law was adopted by the XIIIth National Assembly of the Socialist Republic of Vietnam at its 7th session on June 18, 2014.