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62/2020/QH14 AMENDING AND SUPPLEMENTING CERTAIN ARTICLES OF THE CONSTRUCTION LAW

are the boundaries of areas within and around the construction site where hazardous factors may occur, causing damage to people, construction works, property, equipment and vehicles due to the construction process, which are determined according to technical standards, regulations and measures for organizing the construction of works.

is the inspection and assessment by the investment decision-maker, the investor, the specialized construction agency of the necessary contents in the process of preparing and implementing the construction investment project in accordance with the provisions of this Law, including the appraisal by the investment decision-maker and the investor for deciding on construction investment and approving construction designs; the appraisal by the specialized construction agency to control the compliance with legal provisions of construction entities.

is a construction investment project with mixed-use functions, synchronous technical and social infrastructure systems with housing or other construction works according to the construction planning approved by the competent authority for new construction or renovation and embellishment of urban areas.

is an agency assigned to manage construction under the Specialized construction works management ministry, the People’s Committee of the province; an agency assigned to manage construction under the People’s Committee of the district; Management Board of industrial parks, export processing zones, high-tech zones, and economic zones

are products constructed according to the design, formed by human labor, construction materials and equipment installed in the works, which are permanently attached to land, and may include underground, above ground, underwater and above water parts.

is a Ministry assigned with the task of managing the investment in construction of works under its specialized construction sector in accordance with the provisions of this Law.

is a document presenting preliminary research contents on the necessity, feasibility and effectiveness of construction investment, serving as a basis for deciding or approving the policy on construction investment.

62/2020/QH14
Type
Law
Status
Effective
Language
English
Document Info
Code: 62/2020/QH14
Ministry of Construction
Issuance: 17/06/2020
Effective: 01/01/2021
Amends: 50/2014/QH13
Table of Contents
62/2020/QH14

62/2020/QH14 AMENDING AND SUPPLEMENTING CERTAIN ARTICLES OF THE CONSTRUCTION LAW

Pursuant to the Constitution of the Socialist Republic of Vietnam;

The National Assembly promulgates the Law on Amendments and Supplements to a Number of Articles of the Construction Law No. 50/2014/QH13, which was amended and supplemented by a number of articles according to Law No. 03/2016/QH14, Law No. 35/2018/QH14 and Law No. 40/2019/QH14.

Article 1. Amending and supplementing a number of articles of the Construction Law
1. Amending and supplementing a number of clauses of Article 3 as follows:

a) Amending and supplementing clause 1 as follows:

“1. Pre-feasibility study report on construction investment is a document presenting preliminary research contents on the necessity, feasibility and effectiveness of construction investment, serving as a basis for deciding or approving the policy on construction investment.”;

b) Amending and supplementing clause 4 as follows:

“4. Specialized construction works management ministry is a Ministry assigned with the task of managing the investment in construction of works under its specialized construction sector in accordance with the provisions of this Law.”;

c) Amending and supplementing clause 10 as follows:

“10. Construction works are products constructed according to the design, formed by human labor, construction materials and equipment installed in the works, which are permanently attached to land, and may include underground, above ground, underwater and above water parts.”;

d) Amending and supplementing clause 13 as follows:

“13. Specialized agency for construction is an agency assigned to manage construction under the Specialized construction works management ministry, the People’s Committee of the province; an agency assigned to manage construction under the People’s Committee of the district; Management Board of industrial parks, export processing zones, high-tech zones, and economic zones.”;

đ) Adding clause 15a after clause 15 as follows:

“15a. Urban area construction investment project is a construction investment project with mixed-use functions, synchronous technical and social infrastructure systems with housing or other construction works according to the construction planning approved by the competent authority for new construction or renovation and embellishment of urban areas.”;

e) Repealing clause 29;

g) Amending and supplementing clause 36 as follows:

“36. Appraisal is the inspection and assessment by the investment decision-maker, the investor, the specialized construction agency of the necessary contents in the process of preparing and implementing the construction investment project in accordance with the provisions of this Law, including the appraisal by the investment decision-maker and the investor for deciding on construction investment and approving construction designs; the appraisal by the specialized construction agency to control the compliance with legal provisions of construction entities.”;

h) Adding clause 46 after clause 45 as follows:

“46. Dangerous areas in construction works execution are the boundaries of areas within and around the construction site where hazardous factors may occur, causing damage to people, construction works, property, equipment and vehicles due to the construction process, which are determined according to technical standards, regulations and measures for organizing the construction of works.”.

2. Amending and supplementing a number of clauses of Article 4 as follows:

a) Amending and supplementing clause 1 as follows:

“1. Ensuring the investment in construction of works in accordance with the planning, design, protection of landscape and environment; suitable to natural and social conditions and cultural characteristics of the locality; ensuring the stability of people’s lives; combining socio-economic development with national defense and security, natural disaster prevention and response to climate change.”;

b) Amending and supplementing clause 6 as follows:

“6. Organizations and individuals participating in construction activities must have sufficient capacity conditions as prescribed; be responsible for the quality of work performed by them in accordance with the provisions of this Law.”;

c) Amending and supplementing clause 8 and adding clause 9 after clause 8 as follows:

“8. Clearly delineating the state management functions in construction investment activities from the management functions of the investment decision-maker and the investor in accordance with each type of capital used.

  1. When formulating and implementing construction planning, construction investment, managing the operation of construction works, and developing construction materials, there must be technical and management solutions to ensure economical and efficient use of energy and resources and environmental protection.”.
3. Amending and supplementing Article 5 as follows:

“Article 5. Types and grades of construction works

  1. Types of construction works shall be determined according to the nature of the structure and the use function of the works.
  2. Grades of construction works shall be determined for each type of works, including:

a) Grades of construction works serving the management of construction investment activities prescribed in this Law shall be determined based on the scale, importance level and technical parameters of the works, including special grade, grade I, grade II, grade III and grade IV, except for the case specified at point b of this clause;

b) Grades of construction works serving the construction design shall be prescribed in technical standards and regulations. Grades of works serving the management of other contents shall comply with relevant legal provisions.

  1. The Government shall detail the types of construction works.
  2. The Minister of Construction shall detail the grades of construction works specified at point a, clause 2 of this Article.”.
4. Amending and supplementing Article 7 as follows:

“Article 7. Investor

  1. The investor shall be determined before formulating the construction investment project or when approving the project or in other cases as prescribed by relevant laws.
  2. Based on the capital source used for the construction investment project, the determination of the investor shall be prescribed as follows:

a) For projects using public investment capital, the determination of the investor shall comply with the provisions of clause 3 of this Article and the law on public investment;

b) For projects using state capital as prescribed by relevant laws (hereinafter referred to as projects using state capital outside public investment), the investor is the agency or organization assigned by the investment decision-maker to manage and use capital for construction investment;

c) For investment projects in the form of public-private partnership (hereinafter referred to as PPP projects), the investor is the PPP project enterprise established in accordance with the law on investment in the form of public-private partnership;

d) For projects using lawful investment capital of organizations and individuals not falling into the cases specified at points a, b and c of this clause (hereinafter referred to as projects using other capital) for which the investment law requires the selection of investors to implement the project, the investor is the investor selected by the competent state agency. In case there are many investors participating, the investors may establish an organization or authorize an investor to be the project owner. In case relevant laws have provisions on the selection and recognition of investors, the selection and recognition of investors must meet the conditions and comply with the provisions of relevant laws;

đ) For projects not falling into the cases specified at points a, b, c and d of this clause, the investor is the organization or individual investing capital for construction.

  1. Based on the specific conditions of the project using public investment capital, the investment decision-maker shall assign the Specialized Construction Investment Project Management Board or the Regional Construction Investment Project Management Board to be the investor. In case there is no Project Management Board or there is a Project Management Board but it does not meet the conditions for implementation, the investment decision-maker shall assign an agency or organization with experience and management capacity to be the investor.
  2. The investor shall be responsible before the law, the investment decision-maker and the competent state agency within the scope of its rights and obligations as prescribed in this Law and other relevant legal provisions.”.
5. Amending and supplementing point c, clause 2, Article 9 as follows:

“c) The construction contractor shall purchase insurance for workers working on the construction site and civil liability insurance for third parties.”.

6. Amending and supplementing a number of clauses of Article 10 as follows:

a) Amending and supplementing clause 1 as follows:

“1. Encouraging construction investment activities aimed at preserving, restoring and promoting the value of historical – cultural relics, cultural heritage, beliefs and religions; constructing social housing; conducting construction investment activities according to the planning in mountainous areas, islands, areas with especially difficult socio-economic conditions and areas negatively affected by climate change.”;

b) Adding clause 4 after clause 3 as follows:

“4. The State shall have policies to encourage research and application of advanced science and technology, application of information technology in construction investment activities; investment activities and certification of construction works that use energy and resources economically and efficiently, ensuring environmental protection requirements; developing ecological urban areas, smart cities, adapting to climate change and sustainable development.”.

7. Amending and supplementing a number of points and clauses of Article 34 as follows:

a) Adding point c after point b, clause 2 as follows:

“c) Zoning planning for construction of functional areas.”;

b) Amending and supplementing clause 3 as follows:

“3. The People’s Committee of the district shall approve the tasks and detailed construction zoning planning and rural planning within the administrative boundaries under its management after obtaining the written consensus of the construction planning management agency under the People’s Committee of the province.”.

8. Amending and supplementing Article 49 as follows:

“Article 49. Classification of construction investment projects

  1. Construction investment projects shall be classified according to the scale and importance; the serving function, the specialized nature of the works and the management purpose; the capital source used and the form of investment.
  2. Based on the scale and importance, construction investment projects shall be classified into 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. Based on the serving function, the specialized nature of the works and the management purpose, construction investment projects shall be classified into the following projects:

a) Investment projects on construction of civil works;

b) Investment projects on construction of industrial works;

c) Investment projects on construction of technical infrastructure works;

d) Investment projects on construction of transport works;

đ) Investment projects on construction of works serving agriculture and rural development;

e) Investment projects on construction of national defense and security works;

g) Investment projects on housing construction, investment projects on urban area construction and investment projects on construction with other mixed-use functions.

  1. Based on the capital source used and the form of investment, construction investment projects shall be classified into the following projects:

a) Projects using public investment capital;

b) Projects using state capital outside public investment;

c) PPP projects;

d) Projects using other capital.

  1. Construction investment projects may use one or more different capital sources; have one or more works of different types and grades.
  2. The Government shall detail this Article.”.
9. Amending and supplementing clause 2 of Article 50 as follows:

“2. The division of a construction investment project into component projects and investment phasing shall be prescribed as follows:

a) A construction investment project may be divided into component projects when each component project can be independently operated and exploited. The component projects after division shall be managed as independent projects. For projects using public investment capital, the division of the project into component projects shall be carried out in accordance with the law on public investment. For the remaining projects, the division of the project into component projects shall be decided by the investment decision-maker before formulating the project or when deciding on construction investment, ensuring the requirements stated in the decision or approval of the construction investment policy or relevant legal provisions (if any), except where otherwise provided by law;

b) The investment phasing shall be reflected in the Feasibility study report on construction investment and the decision on construction investment, consistent with the progress and implementation time of the project in the content of the decision or approval of the construction investment policy.”.

10. Amending and supplementing Article 52 as follows:

“Article 52. Formulation of construction investment projects

  1. When investing in construction, the investor or the agency or organization assigned to prepare the project must prepare a Feasibility study report on construction investment, except for the cases specified in clauses 3 and 4 of this Article. The content of the Feasibility study report on construction investment must be suitable to the requirements of each type of project. The formulation of the Feasibility study report on construction investment must comply with the provisions of this Law and other relevant laws.
  2. Before formulating the Feasibility study report on construction investment, the formulation of the Pre-feasibility study report on construction investment shall be prescribed as follows:

a) National important projects, group-A projects using public investment capital; PPP projects as prescribed by the law on investment in the form of public-private partnership; projects under the authority of the National Assembly and the Prime Minister to approve the investment policy as prescribed by the Investment Law must prepare a Pre-feasibility study report on construction investment;

b) For projects not subject to the provisions of point a of this clause, the formulation of the Pre-feasibility study report on construction investment shall be decided by the investment decision-maker;

c) The order and procedures for formulating and appraising the Pre-feasibility study report on construction investment shall be carried out in accordance with the law on public investment, the law on investment in the form of public-private partnership, and other relevant laws;

d) The content of the Pre-feasibility study report on construction investment shall be implemented in accordance with the provisions of Article 53 of this Law, except for PPP projects.

  1. Construction investment projects only need to prepare the Technical-economic report on construction investment in the following cases:

a) Construction works used for religious purposes;

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

  1. Private houses of households and individuals when constructed do not need to prepare the Feasibility study report on construction investment or the Technical-economic report on construction investment.”.
11. Adding clause 7 after clause 6 of Article 53 as follows:

“7. Preliminary environmental impact assessment in accordance with the law on environmental protection and other contents as prescribed by relevant laws.”.

12. Adding point d1 after point d, clause 2 of Article 54 as follows:

“d1) For housing construction investment projects and urban area construction investment projects, in addition to the contents specified at points a, b, c and d of this clause, there must be information on types of housing and the implementation of requirements on social housing (if any). For urban area construction investment projects, there must be explanations on the plan to synchronously construct technical infrastructure and social infrastructure of the project and connect with technical infrastructure and social infrastructure outside the project scope, and the plan to hand over the works. The Government shall detail this point;”.

13. Amending and supplementing Article 56 as follows:

“Article 56. Appraisal of Feasibility study report on construction investment, Technical-economic report on construction investment

  1. For national important projects using public investment capital, the appraisal shall be carried out in accordance with the law on public investment.
  2. For PPP projects, the appraisal shall be carried out in accordance with the law on investment in the form of public-private partnership. The appraisal by the specialized construction agency shall be carried out in accordance with the provisions of Article 58 of this Law.
  3. For construction investment projects not subject to the provisions of clauses 1 and 2 of this Article, the appraisal shall be carried out as follows:

a) The investment decision-maker shall be responsible for organizing the appraisal of the Feasibility study report on construction investment, the Technical-economic report on construction investment, assigning the specialized agency under its authority or an organization or individual with expertise suitable to the nature and content of the project when there is no specialized agency under its authority (hereinafter referred to as the appraisal presiding agency) to appraise the contents specified in Article 57 of this Law;

b) For projects specified in clause 1 of Article 58 of this Law, they must also be appraised by the specialized construction agency on the contents specified in clauses 2 and 3 of Article 58 of this Law, except for projects that only need to prepare the Technical-economic report on construction investment;

c) For projects with requirements on fire and explosion prevention and fighting, environmental protection, national defense and security assurance, and projects using restricted transfer technology or potentially having adverse impacts on the environment using technology, they must also be appraised or commented by the competent state agency in accordance with relevant laws;

d) For projects that must comply with the provisions of points b and c of this clause, the investor may simultaneously submit the dossier to the specialized construction agency and the competent state agency. The results of the implementation of requirements on fire and explosion prevention and fighting and environmental protection specified at point c of this clause shall be sent to the specialized construction agency as a basis for concluding the appraisal.

Regarding the procedures for seeking opinions on fire prevention and fighting solutions of the basic design dossier as prescribed by the law on fire prevention and fighting, the investor may send the dossier to the specialized construction agency according to the one-stop-shop mechanism. The specialized construction agency shall be responsible for sending the dossier to the competent state agency for comments as a basis for concluding the appraisal;

đ) The appraisal presiding agency and the specialized construction agency may invite organizations and individuals with expertise and experience to participate in the appraisal or request the investor to select qualified organizations and individuals to verify the necessary contents as a basis for the appraisal. The selection of organizations and individuals to verify and serve the appraisal of the specialized construction agency shall be carried out in accordance with the Government’s regulations. The fee for project appraisal, construction design appraisal, and verification cost shall be included in the total investment of the project;

e) The appraisal presiding agency shall be responsible for synthesizing the results of the implementation of the provisions of points a, b, c, d and đ of this clause, and submit them to the investment decision-maker for project approval and decision on construction investment.

  1. The dossier submitted for appraisal specified in clause 3 of this Article shall include:

a) The investor’s submission letter;

b) The Feasibility study report on construction investment or the Technical-economic report on construction investment;

c) Relevant documents and papers.

  1. The Minister of National Defense and the Minister of Public Security shall prescribe the authority and order of appraising the Feasibility study report on construction investment and the Technical-economic report on construction investment in accordance with the specialized management requirements for defense and security construction investment projects.”.
14. Amending and supplementing Article 57 as follows:

“Article 57. Appraisal of the Feasibility study report on construction investment and the Technical-economic report on construction investment by the investment decision-maker

  1. For construction investment projects specified at points a and c, clause 1, Article 58 of this Law, the investment decision-maker shall appraise the following contents:

a) The consistency with the planning, objectives, investment scale and other requirements specified in the decision or approval of the construction investment policy;

b) The suitability of the basic design solution with the design task; and the list of applied standards;

c) The solution for project implementation organization, the investor’s project management experience and capacity, the site clearance plan, and the project implementation method;

d) Factors ensuring the project’s effectiveness, including determining the total construction investment, capital sources, ability to mobilize capital according to the schedule; risk analysis, financial efficiency, and socio-economic efficiency;

đ) The suitability of the technology solution (if any);

e) Other contents as prescribed by relevant laws and requirements of the investment decision-maker.

  1. For projects using state capital outside public investment not subject to the provisions of point c, clause 1, Article 58 of this Law, the investment decision-maker shall appraise the contents specified in clause 1 of this Article and clause 2 of Article 58 of this Law.
  2. For projects using public investment capital and projects using state capital outside public investment that only need to prepare the Technical-economic report, the investment decision-maker shall appraise the following contents:

a) The consistency with the planning, objectives, investment scale and other requirements specified in the decision or approval of the construction investment policy;

b) The satisfaction of the requirements of the construction drawing design on ensuring the safety of the works and measures to ensure the safety of adjacent works;

c) The formulation of the total construction investment and determination of the value of the total construction investment;

d) The solution for project implementation organization, the site clearance plan, and the project implementation method;

đ) The suitability of the technology solution (if any);

e) Other contents as prescribed by relevant laws and requirements of the investment decision-maker.

  1. For projects using other capital, the investment decision-maker shall decide on the appraisal contents to ensure the satisfaction of investment and business requirements and relevant legal provisions.
  2. In case a construction investment project uses restricted transfer technology or a construction investment project potentially having adverse impacts on the environment using technology as prescribed by the law on technology transfer, it must be appraised or commented on the technology by the agency performing the state management function of the sector or field in accordance with the Government’s regulations. The content and time for appraisal or comments on technology shall comply with the law on technology transfer. The appraisal results or comments of the agency performing the state management function of the sector or field shall be sent to the appraisal presiding agency of the investment decision-maker for synthesis.”.
15. Amending and supplementing Article 58 as follows:

“Article 58. Appraisal of Feasibility study report on construction investment by the specialized construction agency

  1. The specialized construction agency shall appraise the Feasibility study report on construction investment for the following projects:

a) Projects using public investment capital;

b) PPP projects;

c) Construction investment projects of group B or higher or having works with large impacts on community safety and interests using state capital outside public investment;

d) Large-scale construction investment projects or having works with large impacts on community safety and interests using other capital.

  1. For construction investment projects specified at points a, b and c, clause 1 of this Article, the specialized construction agency shall appraise the following contents:

a) The compliance with regulations on the formulation of construction investment projects and basic designs; the capacity conditions for construction practice of organizations and individuals engaged in construction;

b) The suitability of the basic design with the construction planning, other technical and specialized plannings as prescribed by the law on planning or the plan on work routes and locations approved by competent state agencies;

c) The suitability of the project with the investment policy decided or approved by competent state agencies, with the implementation programs and plans, and other requirements of the project as prescribed by relevant laws (if any);

d) The ability to connect with regional technical infrastructure; the ability to meet technical infrastructure requirements and the assignment of responsibilities for managing the works as prescribed by relevant laws for urban area construction investment projects;

đ) The suitability of the basic design solution on ensuring construction safety; the implementation of requirements on fire and explosion prevention and fighting and environmental protection;

e) The compliance with technical regulations and the application of standards as prescribed by the law on technical standards and regulations;

g) The compliance with regulations on determining the total construction investment.

  1. For construction investment projects specified at point d, clause 1 of this Article, the specialized construction agency shall appraise the contents specified at points a, b, c, d, đ and e, clause 2 of this Article.
  2. The Government shall detail large-scale construction investment projects and works with large impacts on community safety and interests.”.
16. Amending and supplementing Article 59 as follows:

“Article 59. Time for appraising the Feasibility study report on construction investment

  1. The time for appraising the Feasibility study report on construction investment shall be counted from the date the appraising agency or organization receives a complete and valid dossier.
  2. The time for appraising the Feasibility study report on construction investment of projects using public investment capital shall be prescribed as follows:

a) For national important projects, the appraisal time shall comply with the law on public investment;

b) For group-A projects, the appraisal time shall not exceed 40 days, of which the appraisal time of the specialized construction agency shall not exceed 35 days;

c) For group-B projects, the appraisal time shall not exceed 30 days, of which the appraisal time of the specialized construction agency shall not exceed 25 days;

d) For group-C projects, the appraisal time shall not exceed 20 days, of which the appraisal time of the specialized construction agency shall not exceed 15 days.

  1. For construction investment projects not subject to the provisions of clause 2 of this Article, the time for appraising the Feasibility study report on construction investment shall be considered and decided by the investment decision-maker. In case the project must be appraised by the specialized construction agency, the appraisal time of the specialized construction agency shall comply with the provisions of clause 2 of this Article; particularly for national important projects not using public investment capital, the appraisal time of the specialized construction agency shall not exceed 80 days.”.
17. Amending and supplementing Article 60 as follows:

“Article 60. Authority to decide on construction investment

  1. For projects using public investment capital, the authority to decide on construction investment shall comply with the law on public investment.
  2. For construction investment projects of enterprises using state investment capital, the authority to decide on construction investment shall comply with the law on management and use of state capital invested in production and business in enterprises and other relevant laws.
  3. For PPP projects, the authority to decide on construction investment shall comply with the law on investment in the form of public-private partnership.
  4. For projects using state capital outside public investment, except for projects specified in clause 2 of this Article, and for projects using other capital, the owner or the owner’s representative shall decide on construction investment or comply with relevant laws.”.
18. Adding point đ after point d, clause 1, Article 61 as follows:

“đ) When adjusting the investment policy leading to the need to adjust the project.”.

19. Amending and supplementing Article 62 as follows:

“Article 62. Forms of organization of management of construction investment projects

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

a) Specialized Construction Investment Project Management Board, Regional Construction Investment Project Management Board;

b) Management Board of a single construction investment project;

c) The investor uses its own specialized apparatus;

d) Project management consultancy organization.

  1. The Specialized Construction Investment Project Management Board and the Regional Construction Investment Project Management Board shall be applied to projects using public investment capital when the investment decision-maker assigns the management of the simultaneous or continuous implementation of projects in the same sector or in the same locality.
  2. The Project Management Board and the project management consultancy organization must have sufficient capacity conditions as prescribed in Article 152 of this Law.
  3. The Government shall detail this Article.”.
20. Amending and supplementing clause 1 of Article 64 as follows:

“1. The investor shall establish a Management Board of a single construction investment project to directly manage the project.”.

21. Amending and supplementing Article 71 as follows:

“Article 71. Rights and responsibilities of agencies and organizations appraising and verifying the Feasibility study report on construction investment and the Technical-economic report on construction investment

  1. The appraisal presiding agency has the following rights:

a) To request the investor and the organization or individual formulating and verifying the Feasibility study report on construction investment and the Technical-economic report on construction investment to provide, explain and clarify information for the appraisal;

b) To request the investor to hire a consultancy organization to verify or invite qualified and experienced organizations and individuals to participate in the appraisal when necessary;

c) To reserve the appraisal results, refuse to implement requests that distort the appraisal results or requests beyond the capacity and scope of the appraisal work as prescribed.

  1. The appraisal presiding agency has the following responsibilities:

a) To appraise the Feasibility study report on construction investment and the Technical-economic report on construction investment in accordance with the provisions of this Law and synthesize the opinions and appraisal results of relevant agencies and organizations to submit to the investment decision-maker for project approval and decision on construction investment;

b) To be responsible before the law and the investment decision-maker for the results of the work it performs.

  1. The specialized construction agency has the following rights:

a) To request the investor and the organization or individual formulating and verifying the Feasibility study report on construction investment and the basic design to provide, explain and clarify information for the appraisal;

b) To request the local planning and architecture management agency where the project is located to provide information on relevant planning when necessary;

c) To request the investor to hire a consultancy organization to verify or invite qualified and experienced organizations and individuals to participate in the appraisal when necessary;

d) To reserve the appraisal results, refuse to implement requests that distort the appraisal results.

  1. The specialized construction agency has the following responsibilities:

a) To appraise the Feasibility study report on construction investment in accordance with the provisions of this Law;

b) To notify in writing the opinions and appraisal results to the investor and relevant agencies;

c) To be responsible before the law for the results of the work it performs.

  1. The verifying organization has the following rights:

a) To request the investor and the organization or individual formulating the Feasibility study report on construction investment, the Technical-economic report on construction investment and the basic design to provide, explain and clarify information for the verification;

b) To reserve the verification results, refuse to implement requests that distort the verification results or requests beyond the capacity and scope of the verification work.

  1. The verifying organization has the following responsibilities:

a) To verify the Feasibility study report on construction investment and the Technical-economic report on construction investment at the request of the investor and in accordance with the provisions of this Law;

b) To explain and clarify the verification results to serve the appraisal work;

c) To be responsible before the law and the investor for the results of the work it performs.”.

22. Amending and supplementing a number of points and clauses of Article 72 as follows:

a) Amending and supplementing point a, clause 1 as follows:

“a) To approve or authorize the approval of the project and the settlement of construction investment capital. For projects using public investment capital and PPP projects, the decentralization and authorization of project approval shall comply with the law on public investment and the law on investment in the form of public-private partnership;”;

b) Repealing point d, clause 2.

23. Amending and supplementing Article 78 as follows:

“Article 78. General provisions on construction design

  1. Construction design includes:

a) Preliminary design in the Pre-feasibility study report on construction investment;

b) Basic design in the Feasibility study report on construction investment or construction drawing design in the Technical-economic report on construction investment;

c) Detailed designs following the basic design, including the Front-End Engineering Design (hereinafter referred to as FEED design), technical design, construction drawing design and other designs (if any) according to international practice.

  1. Construction design 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 the basic design and the construction drawing design;

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

d) Multi-step design according to international practice.

  1. The investment decision-maker shall decide on the number of steps of construction design when approving the project and deciding on construction investment.
  2. The dossier of construction design detailed after the basic design includes the design description, design drawings, relevant construction survey documents, construction estimates and technical instructions (if any) at the request of the investor.
  3. The construction drawing design shall be formulated by the design consultancy organization or the construction contractor for the whole works or each work item or each stage of the works construction at the request of the investor.
  4. The Government shall detail the steps of construction design, appraisal, approval, and adjustment of construction designs.”.
24. Amending and supplementing Article 82 as follows:

“Article 82. Appraisal and approval of construction designs detailed after the basic design

  1. The investor shall be responsible for organizing the appraisal of the construction design step detailed after the basic design specified in clause 2 of this Article as a basis for approval, except when the investment decision-maker has other provisions in the decision on construction investment. For the remaining design steps, the investor shall decide on the design control in accordance with the contract between the investor and the contractor and relevant laws.
  2. The investor shall appraise the contents specified in Article 83 of this Law for the following design step:

a) FEED design in case of applying the Engineering-Procurement-Construction (EPC) contract form;

b) Technical design in case of three-step design;

c) Construction drawing design in case of two-step design;

d) Other design step immediately following the basic design step in case of implementing multi-step design according to international practice.

  1. Construction works specified in clause 1, Article 83a of this Law must also be appraised by the specialized construction agency on the construction design according to the contents specified in clause 2, Article 83a of this Law. The appraising agency may invite qualified and experienced organizations and individuals to participate in the appraisal of construction designs.
  2. Construction works with requirements on fire and explosion prevention and fighting, environmental protection, national defense and security assurance must be commented on or approved by competent state agencies in accordance with relevant laws.
  3. For construction works specified in clauses 3 and 4 of this Article, the investor may simultaneously submit the dossier to the specialized construction agency and the competent state agency. The results of the implementation of requirements on fire and explosion prevention and fighting and environmental protection specified in clause 4 of this Article shall be sent to the specialized construction agency as a basis for concluding the appraisal.
  4. Construction works with large impacts on community safety and interests must have their construction designs verified by qualified organizations or individuals on the contents of work safety and compliance with technical standards and regulations as a basis for the appraisal.
  5. The investor shall be responsible for synthesizing the documents of the specialized construction agency and relevant agencies and organizations; implementing the requirements (if any); approving the construction design in accordance with the provisions of clause 8 of this Article.
  6. The investor shall approve the construction design step detailed after the basic design specified in clause 2 of this Article. The investor may decide on the approval of the remaining design steps.
  7. The Minister of National Defense and the Minister of Public Security shall prescribe the authority and order of appraising and approving construction designs in accordance with the specialized management requirements for defense and security construction works.”.
25. Amending and supplementing Article 83 as follows:

“Article 83. Appraisal of construction designs detailed after the basic design by the investor

  1. For construction works using public investment capital and construction works using state capital outside public investment, the investor shall appraise the following contents:

a) The satisfaction of the construction design requirements with the design tasks, provisions in the design contract and relevant legal provisions;

b) The suitability of the construction design with the requirements on production lines and technological equipment (if any);

c) The formulation of the construction cost estimate; the suitability of the construction cost estimate value with the total construction investment value; the determination of the construction cost estimate value.

  1. For construction works under PPP projects, the contents of the appraisal of construction designs shall comply with the provisions of clause 1 of this Article and the contents specified in the PPP project contract.
  2. For construction works specified in clause 6, Article 82 of this Law and not subject to the provisions of clause 1, Article 83a of this Law, the investor shall base on the contents specified in clause 1 of this Article and clause 2, Article 83a of this Law to organize the appraisal and approval of construction designs.
  3. For construction works not subject to the provisions of clauses 1, 2 and 3 of this Article, the investor shall decide on the appraisal contents to ensure the satisfaction of the requirements of the design tasks, the design contract and relevant legal provisions.”.
26. Adding Article 83a after Article 83 as follows:

“Article 83a. Appraisal of construction designs detailed after the basic design by the specialized construction agency

  1. The specialized construction agency shall appraise the construction design step specified in clause 2, Article 82 of this Law for the following construction works:

a) Construction works using public investment capital;

b) Construction works using state capital outside public investment under projects of group B or higher or construction works with large impacts on community safety and interests;

c) Construction works under PPP projects;

d) Construction works with large impacts on community safety and interests using other capital, which are constructed in areas without urban construction planning, functional area construction planning or detailed planning of rural residential areas.

  1. For construction works specified at points a and b, clause 1 of this Article and construction works under component PPP projects using public investment capital, the contents of the appraisal of construction designs by the specialized construction agency shall include:

a) The compliance with regulations on the formulation and verification of construction designs; the capacity conditions for construction practice of organizations and individuals participating in the survey, design and design verification;

b) The suitability of the construction design with the basic design appraised by the specialized construction agency;

c) The review of the verification results of the consultancy organization on the satisfaction of work safety requirements and the compliance with technical regulations and legal provisions on the application of standards in the design for cases requiring design verification as prescribed in clause 6, Article 82 of this Law;

d) The compliance with regulations on the determination of construction cost estimates;

đ) The review of the implementation of requirements on fire and explosion prevention and fighting and environmental protection;

e) The review of the implementation of other requirements as prescribed by relevant laws.

  1. For construction works specified at point d, clause 1 of this Article and construction works under PPP projects not subject to the provisions of clause 2 of this Article, the specialized construction agency shall appraise the contents specified at points a, b, c, đ and e, clause 2 of this Article.”.
27. Amending and supplementing Article 85 as follows:

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

  1. The investor has the following rights:

a) To conduct the design and design verification by itself when having sufficient construction practice capacity and practice capacity suitable to the types and grades of construction works;

b) To select design contractors and design verification contractors in case of not conducting the design and design verification by itself;

c) To negotiate, sign construction design and design verification contracts; to supervise and request contractors to strictly perform the signed contracts; to suspend or terminate contracts in accordance with contractual provisions and relevant legal provisions;

d) Other rights as prescribed by contractual provisions and relevant laws.

  1. The investor has the following obligations:

a) To select design contractors and design verification contractors with construction practice capacity and practice capacity suitable to the types and grades of construction works;

b) To determine the construction design tasks;

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

d) To strictly perform the signed contracts; to compensate for damage when violating the signed construction design contracts;

đ) To appraise and approve construction designs in accordance with the provisions of this Law;

e) To be responsible before the law and the investment decision-maker for the results of the work it performs;

g) To archive construction design dossiers;

h) Other obligations as prescribed by contractual provisions and relevant laws.”.

28. Amending and supplementing Article 87 as follows:

“Article 87. Rights and responsibilities of the specialized construction agency in the appraisal of construction designs

  1. The specialized construction agency has the following rights:

a) To request the investor and the organization or individual formulating and verifying construction designs to provide, explain and clarify information when necessary as a basis for the appraisal as prescribed;

b) To request the investor to select a consultancy organization to verify; to invite qualified and experienced organizations and individuals to participate in the appraisal when necessary;

c) To reserve the appraisal results, refuse to implement requests that distort the appraisal results or requests beyond the capacity and scope of the appraisal work.

  1. The specialized construction agency has the following responsibilities:

a) To appraise construction designs in accordance with the provisions of this Law;

b) To notify in writing the opinions and appraisal results to the investor and the local state management agency in charge of construction for monitoring and managing the construction deployment;

c) To be responsible before the law for the results of the work it performs.”.

29. Adding Article 87a after Article 87 as follows:

“Article 87a. Rights and obligations of the organization verifying construction designs

  1. The verifying organization has the following rights:

a) To request the investor and the organization or individual formulating construction designs to provide, explain and clarify information as a basis for the verification;

b) To reserve the verification results, refuse to implement requests that distort the verification results or requests beyond the capacity and scope of the verification work.

  1. The verifying organization has the following obligations:

a) To verify construction designs according to the scope requested by the investor;

b) To explain and clarify the verification results as a basis for the appraisal work of the investor and the specialized construction agency;

c) To be responsible before the law and the investor for the results of the work it performs.”.

30. Amending and supplementing Article 89 as follows:

“Article 89. General provisions on the granting of construction permits

  1. Construction works must have construction permits granted by competent state agencies to investors in accordance with the provisions of this Law, except for the cases specified in clause 2 of this Article.
  2. Cases eligible for exemption from construction permits include:

a) State secret works; urgent construction works;

b) Works under projects using public investment capital decided for construction investment by the Prime Minister, heads of central agencies of political organizations, the Supreme People’s Procuracy, the Supreme People’s Court, the State Audit Office, the Presidential Office, the National Assembly Office, ministries, ministerial-level agencies, government-attached agencies, central agencies of the Vietnam Fatherland Front and socio-political organizations, and Chairpersons of the People’s Committees at all levels;

c) Temporary construction works as prescribed in Article 131 of this Law;

d) Works undergoing repair and renovation inside the works or works undergoing repair and renovation outside but not adjacent to roads in urban areas with requirements on architecture management as prescribed by competent state agencies; the contents of repair and renovation do not change the use functions, do not affect the load-bearing structural safety of the works, conform to the construction planning approved by competent state agencies, and meet the requirements on fire and explosion prevention and fighting and environmental protection;

đ) Advertising works not subject to construction permits as prescribed by the law on advertising; passive telecommunications technical infrastructure works as prescribed by the Government;

e) Construction works located in the administrative boundaries of two or more provinces, construction works built along routes outside urban areas in conformity with the construction planning or planning with technical and specialized nature approved by competent state agencies;

g) Construction works for which the specialized construction agency has notified the appraisal results of construction designs detailed after the basic design meeting the conditions for approving construction designs and satisfying the conditions on the granting of construction permits as prescribed by this Law;

h) Private houses with less than 07 storeys under urban area construction investment projects or housing construction investment projects with 1/500 detailed planning approved by competent state agencies;

i) Grade-IV construction works, private houses in rural areas with less than 07 storeys and located in areas without urban planning, functional area construction planning or detailed planning of rural residential areas approved by competent state agencies; grade-IV construction works, private houses in mountainous areas and islands located in areas without urban planning or functional area construction planning; except for works and private houses constructed in conservation zones and historical-cultural relic zones;

k) Investors of construction works specified at points b, e, g, h and i of this clause, except for private houses specified at point i of this clause, shall be responsible for sending notices of the time of construction commencement and construction design dossiers as prescribed to the local state management agency in charge of construction for management.

  1. Construction permits include:

a) New construction permits;

b) Repair and renovation permits;

c) Relocation permits;

d) Permits for construction with determined durations.

  1. Works are granted construction permits by stage when having construction designs detailed after the basic design of each stage appraised and approved in accordance with the provisions of this Law.
  2. For construction investment projects with many works, construction permits may be granted for one, several or all works under the projects when the works require simultaneous construction, ensuring the requirements on conditions and time limits for granting construction permits and requirements on the synchronization of the projects.”.
31. Amending and supplementing clause 2, Article 91 as follows:

“2. Being suitable to the land use purpose in accordance with the law on land.”.

32. Amending and supplementing point a, clause 1, Article 93 as follows:

“a) Being suitable to the land use purpose in accordance with the law on land and the regulations on architecture management promulgated by competent state agencies;”.

33. Amending and supplementing Article 94 as follows:

“Article 94. Conditions for granting permits for construction with determined durations

  1. The general conditions for granting permits for construction with determined durations include:

a) Being located in areas with urban zoning planning, functional area zoning planning or detailed planning, detailed planning of functional areas approved and announced by competent state agencies but not yet implemented and without land recovery decisions of competent state agencies;

b) Being suitable to the work scale prescribed by the provincial-level People’s Committee for each area and the duration of existence of the works according to the plan for implementing the urban zoning planning, functional area zoning planning or detailed planning, detailed planning of functional areas approved by competent state agencies;

c) Being suitable to the land use purpose determined in the lawful land-related documents of the person requesting the permit for construction with a determined duration;

d) When the duration of existence of the works specified in the permit for construction with a determined duration expires and competent state agencies have issued land recovery decisions, investors commit to demolish the works by themselves, otherwise they will be coerced to do so and bear all costs for the demolition. In case this duration expires but the construction planning has not been implemented, investors may continue using the works until competent state agencies issue land recovery decisions. The support upon demolition shall comply with the law on land.

  1. Construction works granted permits for construction with determined durations must satisfy the conditions specified in clause 1 of this Article and clauses 3, 4 and 5, Article 91 of this Law.
  2. Private houses granted permits for construction with determined durations must satisfy the conditions specified in clause 1 of this Article and points b, c and d, clause 1, Article 93 of this Law.
  3. For construction works and private houses granted permits for construction with determined durations, when the duration of existence of the works specified in the construction permits expires and the construction planning is adjusted to extend the implementation plan, the agencies that have granted the construction permits shall be responsible for notifying the extension of the duration of existence of the works. If investors continue to have the need for new construction or repair and renovation, the granting of permits for construction with determined durations shall comply with the duration of the adjusted construction planning.
  4. For construction works and private houses falling into the case specified at point a, clause 1 of this Article and already included in the annual land use plan of the district level, permits for construction with determined durations shall not be granted for new construction but only for repair and renovation.

In case after 03 years from the date of announcement of the annual land use plan of the district level, competent state agencies have not issued decisions on land recovery or allowed the change of land use purpose according to the announced annual land use plan of the district level without adjusting, canceling or having adjusted or canceled but not announced the adjustment or cancellation of the annual land use plan of the district level, land users may request the granting of permits for construction with determined durations in accordance with the provisions of clauses 2 and 3 of this Article.”.

34. Amending and supplementing a number of points and clauses of Article 95 as follows:

a) Amending and supplementing point đ, clause 2 as follows:

“đ) Copies or code numbers of practicing certificates of the organization designing and verifying construction designs, practicing certificates of the chief officers and leaders of designing and verifying construction designs of the works granted in accordance with regulations.”;

b) Amending and supplementing point b, clause 4 as follows:

“b) The document containing opinions on the necessity of construction and the scale of the works of the specialized agency in charge of beliefs and religions under the provincial-level People’s Committee.”;

c) Amending and supplementing clause 6 as follows:

“6. The dossier requesting the granting of construction permits for advertising works shall comply with the law on advertising.”.

35. Amending and supplementing clause 4, Article 96 as follows:

“4. For ranked historical-cultural relic and scenic beauty works, there must be a document of approval of the necessity of construction and the scale of the works of the state management agency in charge of culture.”.

36. Amending and supplementing a number of points and clauses of Article 102 as follows:

a) Amending and supplementing point d, clause 1 as follows:

“d) The agency competent to grant construction permits shall be responsible for comparing the conditions prescribed by this Law to send a document requesting opinions of the state management agencies on the fields related to the construction works in accordance with law;”;

b) Amending and supplementing point e, clause 1 as follows:

“e) From the date of receiving a complete and valid dossier, the agency competent to grant construction permits shall consider the dossier to grant permits within 20 days for cases of granting construction permits for works, including permits for construction with determined durations, adjusted construction permits, relocation permits, and within 15 days for private houses. In case it is necessary to consider further when the time limit for granting permits is due, the construction permit-granting agency shall notify the investor in writing of the reason, and at the same time report it to the competent management level for consideration and direction of implementation, but not exceeding 10 days from the date of expiration of the time limit prescribed in this clause. The time limit for granting construction permits for advertising works shall comply with the law on advertising.”;

c) Amending and supplementing clause 5 as follows:

“5. The Government shall detail the granting of construction permits.”.

37. Repealing clause 1, amending and supplementing clauses 2 and 3, Article 103 as follows:

“2. Provincial-level People’s Committees shall grant construction permits for works subject to the requirement of having construction permits in the provinces, except the works specified in clause 3 of this Article. Provincial-level People’s Committees shall decentralize and authorize Departments of Construction, Management Boards of industrial parks, export processing zones, high-tech zones and economic zones, and district-level People’s Committees to grant construction permits within the functions and scope of management of these agencies.

  1. District-level People’s Committees shall grant construction permits for grade-III and grade-IV works and private houses in the areas under their management.”.
38. Amending and supplementing point c, clause 2, Article 106 as follows:

“c) Notifying the date of construction commencement in accordance with the provisions of point e, clause 1, Article 107 of this Law;”.

39. Amending and supplementing clause 1, Article 107 as follows:

“1. The commencement of construction of works must ensure the following conditions:

a) Having construction ground to hand over in whole or in part according to the construction progress;

b) Having construction permits for works subject to construction permits as prescribed in Article 89 of this Law;

c) Having construction drawing designs of work items or works to be commenced approved;

d) The investor has signed contracts with contractors to perform construction activities related to the works to be commenced in accordance with law;

đ) Having measures to ensure safety and protect the environment during the construction process;

e) The investor has sent a notice of the date of construction commencement to the local state management agency in charge of construction at least 03 working days before the date of construction commencement.”.

40. Amending and supplementing Article 110 as follows:

“Article 110. Construction materials

  1. The development, production and use of construction materials must ensure safety, efficiency, environmental friendliness and rational use of resources.
  2. Materials and components used for construction works must comply with the approved construction designs and technical instructions (if any), and ensure quality in accordance with the law on technical standards and regulations and the law on product and goods quality.
  3. Construction materials used for the production, manufacture and processing of semi-finished products must comply with the provisions of clauses 1 and 2 of this Article.
  4. Prioritizing the use of local construction materials; construction materials and construction products manufactured and processed domestically; products with high localization rates.
  5. The Government shall detail this Article.”.
41. Amending and supplementing point b, clause 1, Article 112 as follows:

“b) Negotiating and signing construction contracts; supervising and requesting construction contractors to strictly perform the signed contracts; considering and approving construction measures and measures to ensure safety and environmental sanitation submitted by contractors;”.

42. Amending and supplementing point b, clause 2, Article 113 as follows:

“b) Formulating and submitting to investors for approval of construction measures, specifying measures to ensure safety and environmental sanitation;”.

43. Amending and supplementing Article 115 as follows:

“Article 115. Safety in construction works execution

  1. Construction contractors shall be responsible for ensuring safety for people, construction works, property, equipment and vehicles during the construction process, and preventing and fighting fire and explosion and protecting the environment.
  2. Investors shall organize the supervision of the implementation of safety regulations by construction contractors; suspend or stop the construction when detecting signs of violation of safety regulations or incidents causing unsafety of the works; coordinate with contractors in handling and remedying when incidents or labor accidents occur; promptly notify competent state agencies when incidents of works or fatal labor accidents occur.
  3. Construction contractors shall be responsible for identifying dangerous areas in construction works execution; organizing the formulation and submission to investors for approval of measures to ensure safety for people, construction works, property, equipment and vehicles in dangerous areas in construction works execution; periodically and irregularly reviewing safety measures for adjustment to suit the actual construction on site.
  4. In case dangerous areas in construction works execution greatly affect community safety, investors shall be responsible for reporting to specialized construction agencies the approved safety measures for inspection during the construction process.
  5. Machinery, equipment and supplies serving construction with strict safety requirements must be tested before being put into use.
  6. The Government shall detail this Article.”.
44. Amending and supplementing Article 118 as follows:

“Article 118. Demolition of construction works

  1. The demolition of construction works shall be carried out in the following cases:

a) To clear the ground for construction of new works or temporary construction works;

b) Works at risk of collapse affecting the community and adjacent works; works to be urgently demolished in order to promptly prevent and overcome the consequences of natural disasters, catastrophes, epidemics, and urgent tasks to ensure national defense, security and foreign affairs according to decisions of competent state agencies;

c) Construction works in no-construction zones as prescribed in clause 3, Article 12 of this Law;

d) Construction works not complying with construction plannings, construction works without construction permits for works requiring construction permits as prescribed, or construction works not complying with the contents prescribed in construction permits;

đ) Construction works encroaching on public land or land under lawful use rights of organizations or individuals; construction works not complying with the approved construction designs for cases eligible for exemption from construction permits;

e) Private houses to be demolished for new construction at the request of owners.

  1. The demolition of construction works must ensure safety, protect the environment and be carried out in the following order:

a) Formulating plans and solutions for demolition of construction works. In case the works are subject to decisions on demolition or coerced demolition, there must be decisions on demolition or coerced demolition of construction works;

b) Verifying and approving the designs of plans and solutions for demolition of construction works for construction works greatly affecting community safety and interests;

c) Organizing the demolition of construction works;

d) Organizing the supervision and acceptance of the demolition of construction works.

  1. The responsibilities of the parties in the demolition of construction works are prescribed as follows:

a) Investors, owners, managers or users of works or persons assigned to preside over the demolition of works shall be responsible for organizing the implementation in the order prescribed in clause 2 of this Article; carrying out by themselves if they have sufficient capacity conditions or hiring qualified and experienced consultancy organizations to formulate and verify the designs of plans and solutions for demolition of construction works and execute the demolition of construction works; being responsible before law and compensating for damage caused by their faults;

b) Contractors assigned to demolish works shall be responsible for formulating measures to demolish works in accordance with the approved demolition plans and solutions; carrying out the demolition of works according to the correct demolition measures and decisions on demolition or coerced demolition of construction works (if any); monitoring and observing the works; ensuring safety for people, property, works and adjacent works; being responsible before law and compensating for damage caused by their faults;

c) Persons competent to decide on the demolition of works shall be responsible before law for the consequences of failure to issue decisions, untimely issuance of decisions or issuance of decisions contrary to law;

d) Organizations or individuals owning or using works subject to demolition shall comply with demolition decisions of competent state agencies; in case of non-compliance, they shall be coerced to do so and bear all costs for demolition.

  1. The Government shall detail the demolition of construction works and the demolition of construction works in urgent cases.”.
45. Amending and supplementing clauses 4 and 5, Article 123 as follows:

“4. Construction works under national important projects, works of large scale and complex techniques; works greatly affecting community safety and interests; works using public investment capital must be inspected for acceptance during the construction process and upon completion of construction. The responsibilities for organizing the inspection of acceptance are prescribed as follows:

a) The council established by the Prime Minister shall organize the inspection of acceptance for construction works under national important projects, works of large scale and complex techniques;

b) Specialized construction agencies shall organize the inspection of investors’ acceptance for construction works not falling into the case specified at point a of this clause.

  1. The Government shall detail the management of quality, acceptance and handling of incidents of construction works and works of large scale and complex techniques.”.
46. Adding a number of points and clauses to Article 124 as follows:

a) Adding point c after point b, clause 1 as follows:

“c) For urban area construction investment projects, all or several works under the projects may be handed over for putting into use, but before the handover, the construction investment must be completed, ensuring the synchronization of technical and social infrastructure according to the approved investment phases and construction designs, ensuring connection with the common technical infrastructure of the area, and being suitable to the contents of the approved projects and planning.”;

b) Adding clause 5 after clause 4 as follows:

“5. For urban area construction investment projects, in addition to the provisions of clauses 1, 2, 3 and 4 of this Article, investors shall be responsible for handing over technical infrastructure works, social infrastructure works and other works in accordance with the Government’s regulations.”.

47. Amending and supplementing a number of clauses of Article 126 as follows:

a) Amending and supplementing clause 1 as follows:

“1. The requirements on maintenance of construction works are prescribed as follows:

a) Construction works and work items must be maintained when put into use;

b) Maintenance processes must be formulated by investors and approved before putting construction works and work items into use; being suitable to the use purposes, types and grades of construction works and work items, constructed and installed equipment in the works;

c) The maintenance must ensure safety for people, property and works.”;

b) Amending and supplementing clause 4 and adding clause 5 after clause 4 as follows:

“4. Works of large scale and complex techniques, works greatly affecting community safety and interests must be periodically assessed for safety during the operation and use.

  1. The Government shall detail the maintenance and periodic assessment of safety of construction works during the use and the responsibility to announce the expiry of use of construction works.”.
48. Amending and supplementing Article 130 as follows:

“Article 130. Construction of urgent works

  1. Urgent construction works include:

a) Works constructed or repaired and renovated to promptly prevent and overcome the consequences of natural disasters, catastrophes, epidemics, and urgent tasks to ensure national defense, security and foreign affairs according to decisions of competent authorities;

b) Works constructed or repaired and renovated to be promptly implemented to meet the urgent requirements of ensuring energy security, water resources, responding to environmental incidents, and developing the system of technical infrastructure works according to decisions of the Prime Minister.

  1. Heads of ministries, central agencies and Chairpersons of People’s Committees at all levels have the authority to decide on the construction of works specified at point a, clause 1 of this Article under their management scope. Persons assigned to manage and execute the construction of works may decide by themselves on all work in construction investment activities to organize the construction of works, ensuring the progress and quality of works, and shall be responsible for their decisions. For urgent construction works using public investment capital, the order and procedures for investment decision shall comply with the law on public investment.
  2. The Prime Minister shall decide on special mechanisms for each work specified at point b, clause 1 of this Article, including the survey and construction design of works; forms of contractor selection and other special mechanisms under the authority to accelerate the progress of construction investment implementation. Persons assigned to manage and execute the construction of works shall be responsible for organizing the implementation of special mechanisms according to the Prime Minister’s decisions and deploying other related work in the construction investment process in accordance with relevant laws.
  3. After the completion of construction of urgent works, persons assigned to construct urgent works shall perform the following tasks:

a) Re-inspecting and assessing the quality of constructed works and carrying out the warranty of works;

b) Completing the dossiers of work completion and archiving dossiers and documents in accordance with the law on construction;

c) Making the settlement of works in accordance with law.

  1. Persons assigned to manage and use the works shall formulate plans to manage and use the works or demolish the works to return the ground if urgent construction works are not suitable to the construction planning prescribed by this Law.”.
49. Amending and supplementing Article 131 as follows:

“Article 131. Construction of temporary works

  1. Temporary construction works are works constructed for a definite duration to serve the following purposes:

a) Construction of main works;

b) Use for organizing events or other activities within the time limit specified in clause 2 of this Article.

  1. For works specified at point b, clause 1 of this Article, provincial-level or district-level People’s Committees shall approve the locations, construction scales and durations of existence of temporary works.
  2. Investors and construction contractors shall organize by themselves the appraisal and approval of designs and cost estimates of construction and the construction of temporary works. In case the works greatly affect community safety and interests, construction designs must be verified in terms of conditions for ensuring safety and sent to local specialized construction agencies for monitoring and inspection as prescribed.
  3. Temporary construction works must be demolished when the main works of construction investment projects are put into operation or when the duration of existence of the works expires. Investors may request provincial-level or district-level People’s Committees to approve the continued operation and use of temporary construction works specified at point a, clause 1 of this Article if the works conform to the planning; ensure the requirements on load-bearing safety, fire and explosion prevention and fighting, environmental protection and relevant legal provisions.”.
50. Amending and supplementing clause 2, Article 132 as follows:

“2. The State shall manage construction investment costs by promulgating, guiding and inspecting the implementation of legal provisions; prescribing the application of necessary tools in managing construction investment costs.”.

51. Amending and supplementing clauses 3 and 4, adding clauses 5 and 6 after clause 4, Article 136 as follows:

“3. The application or reference to the system of construction norms promulgated by the Ministers of ministries managing specialized construction works and the Chairpersons of provincial-level People’s Committees specified in clause 1 of this Article is prescribed as follows:

a) For projects using public investment capital, investors shall, based on regulations on cost management, apply the promulgated system of norms to determine and manage construction investment costs;

b) For projects using state capital outside public investment and PPP projects, investors shall, based on regulations on cost management, refer to the promulgated system of norms to determine and manage construction investment costs;

c) For projects using other capital, investors shall refer to the promulgated system of norms to determine and manage construction investment costs.

  1. The construction price index is an indicator reflecting the fluctuation level of construction work prices over time and serves as a basis for determining and adjusting total investment, construction cost estimates, construction contract prices and managing construction investment costs.

The Ministry of Construction shall announce the national construction price index; provincial-level People’s Committees shall announce the construction work prices and construction price indexes in localities.

  1. The Government shall prescribe the period of review, updating and adjustment of the promulgated system of construction norms.
  2. The Minister of Construction shall prescribe the determination of new construction norms and the adjustment of construction norms unsuitable to the specific requirements of works; prescribing the determination of construction price indexes for construction works located in the administrative boundaries of two or more provinces.”.
52. Amending and supplementing clause 1, Article 137 as follows:

“1. The payment and settlement of construction investment projects shall comply with regulations on management of investment capital. The payment and settlement of projects using public investment capital shall comply with the provisions of this Law and the law on public investment. Investors shall be responsible before law for the accuracy and lawfulness of unit prices, volumes and values proposed for payment and settlement in payment and settlement dossiers.”.

53. Amending and supplementing a number of clauses of Article 148 as follows:

a) Amending and supplementing clauses 3 and 4 as follows:

“3. Titles and individuals engaged in construction activities that must have practicing certificates prescribed by this Law include directors of construction investment project management; chief officers and leaders of the formulation of construction planning designs; chiefs of construction survey; chief officers and leaders of designing and verifying construction designs; construction supervision consultants; leaders of the formulation, verification and management of construction investment costs. Practicing certificates are divided into grades I, II and III.

  1. Organizations participating in construction activities that must have capacity certificates prescribed by this Law include construction investment project management consultancy; construction survey; formulation of construction planning designs; construction design and design verification; construction works execution; construction supervision consultancy. Capacity certificates of organizations are divided into grades I, II and III. The specialized construction agency under the Ministry of Construction shall grant grade-I capacity certificates; Departments of Construction and socio-professional organizations meeting the conditions prescribed by the Government shall grant the remaining grades of capacity certificates.”;

b) Amending and supplementing clause 5 as follows:

“5. The Government shall detail the capacity conditions of organizations and individuals participating in construction activities; regulations on programs, contents and forms of organizing the test for granting practicing certificates; regulations on the granting, re-granting, conversion and revocation of practicing certificates; regulations on conditions, authority, order and procedures for granting and revoking construction operation licenses to foreign organizations and individuals as contractors.”.

54. Amending and supplementing a number of points and clauses of Article 152 as follows:

a) Amending and supplementing point b, clause 1 as follows:

“b) Individuals holding the position of director of construction investment project management and individuals in charge of specialized fields of project management must have suitable qualifications, be trained, have work experience and practicing certificates suitable to the scales and types of projects.”;

b) Amending and supplementing point d, clause 2 as follows:

“d) Individuals holding the position of director of construction investment project management and individuals in charge of specialized fields of project management must have suitable qualifications, be trained, have work experience and practicing certificates suitable to the scales and types of projects.”.

55. Amending and supplementing clause 2, Article 154 as follows:

“2. Individuals holding the position of chief officers and leaders of designing and verifying construction designs must have construction design practicing capacity and practicing certificates suitable to the requirements of types and grades of works.”.

56. Amending and supplementing clause 2, Article 157 as follows:

“2. Site chief commanders have qualifications and construction works execution practicing capacity suitable to the works.”.

57. Amending and supplementing the opening paragraph of Article 158 as follows:

“Individuals independently practicing the formulation of construction planning designs, construction survey, construction works design, construction investment project management consultancy, construction supervision consultancy, formulation, verification and management of construction investment costs must meet the following conditions:”.

58. Amending and supplementing Article 159 as follows:

“Article 159. Management of construction operation capacity

  1. Information on construction operation capacity of organizations and individuals granted certificates must be publicly posted on the websites managed by the certificate-granting agencies and integrated into the portal of the Ministry of Construction.
  2. Certificate-granting agencies shall be responsible for posting information on construction operation capacity of organizations and individuals on the websites managed by them, and at the same time send information to the specialized construction agency under the Ministry of Construction for integration into the portal of the Ministry of Construction. The time limit for posting information on construction operation capacity must not exceed 05 working days from the date of granting certificates. The time limit for integrating information on the website of the Ministry of Construction must not exceed 03 working days from the date of receiving information from the certificate-granting agencies.
  3. The Ministry of Construction and Departments of Construction shall be responsible for inspecting and handling violations in the observance of regulations on operation capacity conditions of investors and organizations and individuals participating in construction activities.”.
59. Amending and supplementing clause 6, Article 160 as follows:

“6. Managing the granting, re-granting, adjustment, conversion and revocation of licenses, certificates and other results of settling administrative procedures in construction investment activities.”.

60. Amending and supplementing Article 161 as follows:

“Article 161. Responsibilities of the Government

  1. Performing the unified state management of construction investment activities nationwide; assigning and decentralizing state management to ministries, sectors, localities and ministries managing specialized construction works; directing ministries, sectors and localities in implementing the law on construction; directing the settlement of important, complex and problematic issues in the management of construction investment activities.
  2. Promulgating or submitting to competent authorities for promulgation of legal documents on construction; promulgating, directing the formulation and implementation of policies, strategies and plans to ensure efficient construction investment, improve labor productivity, save energy and resources, and develop sustainably; prescribing the implementation of construction investment projects invested by domestic agencies, organizations and individuals in foreign countries and the construction and management of the national information system and database on construction activities.”.
61. Amending and supplementing a number of clauses of Article 162 as follows:

a) Amending and supplementing clauses 2 and 3 as follows:

“2. Promulgating and organizing the implementation of legal documents according to its competence on construction; promulgating national technical regulations on construction, technical guidance documents on construction according to its competence and criteria on economical and efficient use of energy and resources and ecological and smart urban areas for construction works.

  1. Organizing and managing construction planning, construction investment project management activities, project appraisal and construction design appraisal; prescribing the determination and management of construction investment costs, construction contracts, construction norms and prices.”;

b) Amending and supplementing clause 5 as follows:

“5. Managing the granting, re-granting, adjustment, conversion and revocation of licenses, certificates and other results of settling administrative procedures in construction investment activities under its competence.”;

c) Amending and supplementing clause 9 as follows:

“9. Guiding and inspecting the implementation of safety management, labor hygiene and environment in construction works execution; implementing safety management, labor hygiene and environment in construction works execution under its specialized management.”;

d) Amending and supplementing clause 11 as follows:

“11. Constructing and managing the national information system and database on construction activities; managing and providing information for construction investment activities.”.

62. Amending and supplementing a number of points and clauses of Article 163 as follows:

a) Amending and supplementing clause 1 as follows:

“1. Ministries managing specialized construction works, within the scope of their powers, have the following responsibilities:

a) Coordinating with the Ministry of Construction in performing state management of construction investment activities; being responsible for managing the quality of construction works and safety management, labor hygiene and environment in construction works execution under their specialized management in accordance with the provisions of this Law;

b) Researching and promulgating, guiding and inspecting the implementation of technical standards, regulations and techno-economic norms for specialized construction work as guided by the Ministry of Construction and prescribed by the Minister of Construction; organizing training and fostering professional skills in construction investment for cadres and civil servants of agencies and units under their management;

c) Monitoring, inspecting and synthesizing the situation of implementing investment supervision and evaluation of specialized construction works within the scope of management in accordance with law;

d) Coordinating and supporting other relevant ministries, agencies and organizations and People’s Committees at all levels in the process of implementing specialized construction investment projects on issues under their management scope.”;

b) Amending and supplementing point a, clause 2 as follows:

“a) Performing the functions of state management according to the assigned tasks and powers; promulgating documents according to their competence; directing the organization of implementation and inspecting the implementation of construction planning and construction investment plans under their assigned management scope;”;

c) Amending and supplementing point c, clause 2 as follows:

“c) Synthesizing the situation, conducting inspection and evaluation of construction investment activities; being responsible for managing the quality of construction works and safety management, labor hygiene and environment in construction works execution under their assigned management scope;”.

63. Amending and supplementing a number of points of clause 1, Article 164 as follows:

a) Amending and supplementing point a, clause 1 as follows:

“a) Performing state management of construction investment activities according to the decentralization of the Government; managing the order of construction in their localities according to planning, construction designs and construction permits as prescribed by the Government; promulgating documents according to their competence; directing the organization of implementation of construction planning and construction investment plans; decentralizing and authorizing district-level People’s Committees, Management Boards of industrial parks, export processing zones, high-tech zones and economic zones to organize the formulation, appraisal and approval of tasks and plans of zoning planning for construction, detailed construction planning of functional areas; organizing guidance, inspection, settlement of complaints and denunciations, and handling of violations of law in construction investment activities;”;

b) Amending and supplementing point c, clause 1 as follows:

“c) Researching and promulgating, guiding and inspecting the implementation of technical standards, regulations and techno-economic norms for specialized construction work in localities as guided by the Ministry of Construction and prescribed by the Minister of Construction; making periodic and annual reports on the situation of managing construction investment activities of localities and sending them to the Ministry of Construction for synthesis and monitoring;”;

c) Amending and supplementing point đ, clause 1 as follows:

“đ) Directing specialized agencies to notify information on norms, construction prices and monthly, quarterly or annual construction price indexes, ensuring timeliness with price fluctuations in the construction market.”.

64. Replacing phrases in a number of articles as follows:

a) Replacing the phrase “state budget capital” with “public investment capital” in clause 1, Article 67;

b) Replacing the phrase “state capital” with “public investment capital” in point a, clause 1 and clause 2, Article 8;

c) Replacing the phrase “state capital” with “public investment capital and state capital outside public investment” in clause 5, Article 12, clauses 1 and 2, Article 61, point đ, clause 2, Article 86, clause 5, Article 132, clauses 4 and 5, Article 134, clauses 3 and 4, Article 135, clause 2, Article 137, clause 3, Article 143, clause 2, Article 146, clauses 2 and 4, Article 147 and clause 2, Article 166;

d) Replacing the phrase “construction investment cost management consultancy” with “construction investment cost management” in the title of Article 156.

65. Repealing clause 2, Article 48, clause 1, Article 63 and point h, clause 3, Article 140.
Article 2. Amending and supplementing Article 17 of the Law on Housing No. 65/2014/QH13, which was amended and supplemented in a number of articles according to Law No. 40/2019/QH14

Amending and supplementing Article 17 as follows:

“Article 17. Forms of housing development and housing construction investment projects

  1. Forms of housing development include:

a) Development of housing according to housing construction investment projects;

b) Development of housing according to urban area construction investment projects;

c) Development of housing of households and individuals.

  1. Housing construction investment projects prescribed by this Law include:

a) Projects on new construction or renovation of a single housing work or a housing complex;

b) Projects on construction of residential areas with synchronous technical and social infrastructure systems in rural areas;

c) Mixed-use construction investment projects with land areas in the projects for housing construction;

d) Construction investment projects with mixed purposes for residence and business.

  1. The investment in construction of urban areas specified at point b, clause 1 of this Article must comply with housing regulations according to the law on housing and relevant laws.”.
Article 3. Implementation provisions
  1. This Law takes effect on January 1, 2021, except the case specified in clause 2 of this Article.
  2. The following provisions of this Law take effect on August 15, 2020:

a) The provisions in clause 13, Article 1 on the authority to appraise Technical-economic reports on construction investment of the investment decision-maker;

b) The provisions in clause 30, Article 1 on exemption from construction permits for construction works for which the specialized construction agency has notified the appraisal results of construction designs detailed after the basic design meeting the conditions for approving construction designs;

c) The provisions in clause 37, Article 1 on repealing the authority of the Ministry of Construction and assigning provincial-level People’s Committees to grant construction permits for special-grade construction works;

d) The provisions at points d and đ, clause 3 of this Article.

  1. Transitional provisions:

a) Functional area zoning planning for construction with approved planning tasks before this Law takes effect shall continue to be implemented in accordance with the Law on Construction No. 50/2014/QH13, which was amended and supplemented in a number of articles according to Law No. 03/2016/QH14, Law No. 35/2018/QH14 and Law No. 40/2019/QH14; in case it has not been implemented, it shall be carried out in accordance with the provisions of this Law;

b) Construction investment projects that have been decided or approved for construction investment policy before this Law takes effect are not required to formulate Pre-feasibility study reports on construction investment as prescribed by this Law;

c) Construction investment projects that have been approved before this Law takes effect are not required to be re-approved, and subsequent activities that have not been implemented shall be carried out in accordance with the provisions of this Law; for projects being implemented, the management of construction investment costs shall continue to be carried out in accordance with the legal provisions before the effective date of this Law;

d) Construction works for which the specialized construction agency has appraised construction designs detailed after the basic design before August 15, 2020, which are required to be granted construction permits in accordance with the Law on Construction No. 50/2014/QH13, which was amended and supplemented in a number of articles according to Law No. 03/2016/QH14, Law No. 35/2018/QH14 and Law No. 40/2019/QH14, shall continue to be granted construction permits as prescribed;

đ) For construction works required to have their detailed construction designs after the basic design appraised or adjustments of such designs appraised at the specialized construction agency from August 15, 2020 to December 31, 2020, when conducting appraisal, the specialized construction agency shall coordinate with the local state management agency in charge of construction in reviewing and assessing the satisfaction of conditions on granting construction permits in accordance with the Law on Construction No. 50/2014/QH13, which was amended and supplemented in a number of articles according to Law No. 03/2016/QH14, Law No. 35/2018/QH14 and Law No. 40/2019/QH14, in order to exempt construction permits in accordance with the provisions of clause 30, Article 1 of this Law; in case construction permits have been granted, they are not required to be adjusted;

e) For construction works that have been granted construction permits, in case of adjusting construction designs detailed after the basic design from January 1, 2021, construction permits must be adjusted in accordance with the provisions of this Law, except the cases requiring the appraisal of adjusted construction designs at the specialized construction agency as prescribed by this Law;

g) Construction works that have commenced construction when they are eligible for exemption from construction permits according to legal provisions before the effective date of this Law but are subject to construction permits under the provisions of this Law may continue the construction;

h) The Government shall detail points a, b, c, đ, e and g of this clause.

This Law was passed by the XIVth National Assembly of the Socialist Republic of Vietnam at its 9th session on June 17, 2020.