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SOCIALIST REPUBIC OF VIETNAM

THE NATIONAL
ASSEMBLY
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Independence - Freedom - Happiness


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No: 50/2014/QH13

Hanoi, June 18, 2014

LAW ON CONSTRUCTION
Pursuant to the Constitution of Socialist Republic of Vietnam;
The National Assembly promulgates Law on Construction.
Chapter I
GENERAL PROVISIONS
Article 1. Scope of regulation
This Law prescribes on rights, obligations, responsibilities of offices, organizations, individuals
in construction investment activities.
Article 2. Objects of application
This Law shall apply to domestic offices, organizations, individuals; foreign organizations,
individuals who conduct construction investment activities in Vietnam territory.
In case where an international Treaty which the Socialist Republic of Vietnam is member
contains provisions different from those of this Law, the provisions of such international treaty
shall apply.
Article 3. Interpretation of terms
In this Law, the following terms shall be construed as follows:
1. Pre Feasibility Study report on construction investment is document presenting preliminary
research content about the need, feasibility and efficiency of construction investment, as a basis
for considering and deciding policy on construction investment.
2. Feasibility Study report on construction investment is document presenting preliminary
research content about the need, feasibility and efficiency of construction investment following
chosen basic design as a basis for considering and deciding for construction investment.
3. Economic technical report on construction investment is document presenting about the
need, feasibility and efficiency of construction investment following working design of small
construction engineering, as basis to consider, decide construction investment.
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4. Ministry managing specific construction works means the Ministry who is assigned managing
task, executing work construction investment under its constructional profession management.
5. Red-line demarcation is a boundary line drawn on the planning map and on the field, for
purpose of demarcating between land plots permitted for work construction and land plots
reserved for traffic roads or other technical infrastructures and public spaces.
6. Construction demarcation is a border line of a work permitted to be constructed on a land plot.
7. Target land use of construction planning means target to manage space development,
architecture which are specifically defined to a region or a land plot including building density,
coefficient of land use, maximum and minimum building height of the work.
8. Economic-technical target of construction planning design means target which is forecasted,
identified, selected as basis to propose plan, construction planning solutions including population
size, land, targets on infrastructure, social infrastructure and environment.
9. Construction investor (hereafter called investor) means offices, organizations, individuals
owning, lending capital or assigned to directly manage, use capital for executing construction
investment.
10. Construction works mean products created by human labor and with building materials and
equipment installed therein, affixed to land, which may include underground and ground
components, underwater and on-water-surface components and are constructed according to
designs. Construction works include civil works, industrial works, traffic works, agriculture and
rural development works, technical infrastructure works and other types of works.
11. Elevation means compulsory minimum building ground level which is chosen in accordance
with planning of ground level and rain-water drainage.
12. State authorities managing construction include Ministry of Construction, Peoples
Committees of provinces, centrally-run cities (hereafter called Provincial Peoples Committees)
and Peoples Committees of district, town, city under control of province (hereafter called
Peoples Committee of district level).
13. Specialized agencies of construction mean special agencies of Ministry of Construction,
Ministry managing specific construction works; Department of Construction, Department
managing specific construction works; Divisions having function of construction management
under Peoples Committee of district level.
14. Specialized agencies directly under person deciding investment mean the agencies or
organizations with expertise appropriate to the nature and content of the project and are assigned
appraisal task by the person deciding investment.
15. Construction investment project means a collection of proposals concerning the utilization of
capital for new construction, repair, renovation of construction works, with a view to developing,
maintaining, raising the quality of works or products, services within a given duration and cost.
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At the stage of preparing construction investment project, the projects are performed through Pre
Feasibility Study report on construction investment, Feasibility Study report on construction
investment or Economic technical report on construction investment.
16. Rural population quarter means an area where many households reside and are bound
together in their production, daily life and other social activities within boundaries of a specific
zone, formed on the basis of natural conditions, socio-economic conditions, culture and other
factors.
17. Construction Permit is legal document issued by competent state agency to the investor for
new construction, repair, renovating and relocating works.
18. Construction Permit with time-limit is construction permit granting for building works,
separate welling-house which are used for a certain period according to the implementation of
construction planning.
19. Construction Permit under period is construction permit issued for each part of work or each
work of the project when construction design of work or project are not done.
20. Construction investment activities mean process to execute construction activities including
new construction, repairing and renovating construction works.
21. Construction activities include: making construction planning, formulating investment project
of construction, construction survey, construction engineering, executing construction,
construction supervision, project management, selecting contractors, acceptance, put the work
into operation, guarantee, building maintenance and other activities related to works construction.
22. Technical infrastructure system includes traffic, information and communication, energy
supply, public lighting, water supply, collecting and treating waste water and hard waste,
cemetery and other works.
23. Social infrastructure system includes healthcare, cultural, educational, sport, commercial and
public service, greenery, parks and other works.
24. Construction investment consultancy activities include the elaboration of construction
planning, formulation of projects on investment in work construction, survey, construction
engineering, inspection, test, experiment, project management, supervision of construction and
other consultancy works relating to construction investment activities.
25. Specific functional Areas mean areas developing specialized or fixed functions as economic
zones, industrial parks, export processing zones, hi-tech parks; tourism and ecological zones;
conservation areas, historic cultural areas; study training areas; sports areas; airports and
seaports; grand area of technical infrastructure; Other specific functional areas are defined
according to the regional construction planning which are approved or established by competent
state agencies competent.

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26. Elaboration of construction investment project includes formulation of Pre feasibility study
report on construction investment (if any), Feasibility study report on construction investment or
Economic technical report on construction investment and execution of necessary works to
prepare construction investment.
27. Person determining investment means individual or legal representatives of agencies,
organizations, businesses authorized to approve project and decide construction investment.
28. Contractors in construction activities (hereafter called Contractors) mean organizations and
individuals that are fully capable of conducting construction activities or practicing construction
when participating in contractual relations in construction investment activities.
29. Separate welling house means a work constructed within a residential land area under the use
right of a household or an individual according to law provisions.
30. Construction planning means the space organization of urban, rural and specific functional
areas; organization of technical and social infrastructures; establish a living environment suitable
to people residing in territorial areas, and ensure the harmony between national interest and
community interest, meet the socio-economic development, defense, security and environmental
protection, facing to climate change. A construction planning is demonstrated through a
construction planning scheme, consisting of charts, drawings, layouts and explanations.
31. Regional construction planning means the organization of system of urban, rural, specific
functional areas and systems of technical and social infrastructures within the administrative
boundaries of a province or a district, joint province, joint district in conformity with
requirements of the socio-economic development in each period.
32. Construction planning of specific functional areas means the space organization of
architectural landscape, system of technical and social infrastructures within a specific functional
areas. Construction planning of specific functional areas includes construction general planning,
Construction subdivision planning and construction detailed planning.
33. Rural construction planning means the organization of space, land use, system of technical
and social infrastructures of rural areas. Rural construction planning includes communal
construction general planning and and construction detailed planning of rural population quarter.
34. Construction work incidents mean impairments beyond the permitted safety limits, thus
putting the construction work or auxiliary construction in danger of collapse, having caused the
collapse of part of the work or the entire work during the process of construction work and work
exploitation.
35. Construction general contractor means a contractor signing contracts directly with a work
construction investor to undertake one, a number type of jobs or all jobs of construction
investment project.
36. Appraisal means the examination and evaluation of the person determining investment,
investors, specialized construction agencies for the necessary contents in the process of
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preparation and implementation of construction investment projects as basis for consideration and
approval.
37. Inspection means the examination and evaluation on speciality of organizations and
individuals who are eligible to conduct construction activities, practicing construction for the
necessary contents in the process of preparing and implementing construction investment projects
as a basis for appraisal.
38. Execution of work construction includes the construction and installation of equipment for
newly built, repaired, renovated, relocated, embellished or restored works; dismantlement of
works; warranty and maintenance of construction works.
39. Equipment installed in works includes work equipment and technological equipment. Work
equipment means those installed in construction works according to construction designs.
Technological equipment means those included in technological chains installed in construction
works according to technological designs.
40. Preliminary design means design to be made in the pre-feasibility study report of construction
investment, reflecting the original ideas of work construction design, preliminary selection of
technology line, equipment as a basis for determining policy of work construction investment.
41. Basic design means design to be set up in the feasibility study report on construction
investment on the basis of selected alternative design, showing main technical specifications in
accordance with standard and technical regulations to be applied as a basis for implementing the
next design steps.
42. Technical design means design concretizing basis design after the investment project of work
construction is approved in order to fully implement solutions, specs and materials used in
accordance with standards technical regulations which shall be apply, as a basis for implementing
construction drawing design.
43. Construction drawing design means design to fulfill the specifications, materials used and
detailed structure which are consistent with standard and technical regulations shall be applied to
ensure eligibility for executing construction works.
44. Duration of construction planning is a time to be determined as a basis for forecasting,
calculating economic technical characteristics for building construction planning scheme.
45. Regional planning means territorial spaces which are limited by one or many administrative
units approved by competent state agencies.
Article 4. Basic principles in construction investment activities
1. Ensuring the compliance of work construction investment with the planning, design, protection
of landscape, environment; the suitability with natural conditions and socio-cultural
characteristics of each locality; ensuring peoples life stability; combining socio-economic
development with national defense, security and coping with climate change.
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2. Rationally using of forces, resources in the project area to ensure proper purpose, object and
sequence of construction investment.
3. Complying with standard and technical regulations, law provisions for the use of construction
materials; ensuring convenient and safe access demands in using works for the disabilities,
elderly, children in public works, high-rise buildings; applying science and technology, work
information system in work construction investment.
4. Guaranteeing quality, progress and safety of works, human life, health and asset; fire and
explosion prevention and fighting; environment protection.
5. Ensuring the synchronous construction in each work, synchronous construction of technical
and social infrastructures.
6. Organizations and individuals involved in construction activities must meet the qualification
conditions which are appropriate to the project; type and level of construction and work under the
provisions of this Law.
7. Ensuring public, transparency, thrift, efficiency; preventing, combating corruption,
wastefulness, unreasonable loss and other negative phenomena in construction investment
activities.
8. Clearly defining functions of state management of construction investment activities with
functional management of investors to be appropriate for each type of capital used.
Article 5. Types and grades of construction works
1. Construction works are divided by type and grade.
2. Type of construction works are determined according to their utility include: civil engineering,
industrial engineering, transport engineering, agricultural and rural development engineering,
infrastructural engineering and defense, security engineering.
3. Grades of construction works are determined according to types of works basing on their sizes,
purposes, importance, lifetime, materials and technical requirements of work construction.
Grades of construction works include special grade, grade I, grade II, grade III, grade IV and
other ones prescribed by the Government.
Article 6. Application of standard, technical rule in construction investment activities
1. Construction investment activities must comply with national technical rules.
2. Standards are applied in construction investment activities following volunteer principle,
excluding the cited standards in technical rules or relevant legal documents.

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3. Standards applying for works must be considered, approved by the person who has right to
determine investment.
4. The application of standards must meet following requirements:
a) In accordance with national technical rules and relevant provisions of law;
b) Ensuring uniformity, feasibility of the applicable standards system.
5. The application of technical solutions, technology, new materials in construction investment
activities must meet requirements of national technical rules and relevant provision of laws.
6. Ministry of Construction, Ministries managing specialized construction works are responsible
to build national technical rules which are applicable to the specialized construction works in
accordance with the law on standards and technical rules.
Aricle 7. Investors
1. Investors are determined by the person who has the right to determine investment before
making projects or approving projects.
2. Depending on capital used for the project, the investors are defined as follows:
a) For projects funded by the state budget and state extra-budgetary fund, the investors are
agencies or organizations who are assigned by the person has the right to determine investment to
manage, use of capital for construction investment;
b) For projects using loans, investors are agencies, organizations, individuals to borrow capital
for construction investment;
c) For projects executing in the form of project contracts, public-private partnership contracts, the
investor are the project businesses established by agreement in accordance with law;
d) Investors of projects not subject to the provisions at Points a, b and c of this clause are
organization, individual who own capital.
3. Based on specific conditions of the project using state budget fund, the person who has the
right to determine investment assigns the Project management unit of specialized construction
investment, Project management of regional construction investment to be investors; in case of
absence of the Project management unit, the person of determining investment shall choose
agencies, organizations which are eligible to be investors.
4. The Investors are responsible before the law and the person of determining investment under
their scope of rights and obligations prescribed by this Law and other relevant provisions of law.
Article 8. Supervision, assessment of construction investment project

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1. Construction investment project must be supervised, assessed in accordance with following


types of capital:
a) For projects using state capital, the competent state agencies carry out supervision and
assessment under provisions of law on public investment and construction according to content
and assessing criteria have been approved;
b) For projects using different capital sources, the competent state agencies supervise and
evaluate objectives, conformity with relevant planning, land use, construction investment
progress and environmental protection;
2. Construction investment projects on infrastructure using state capital, community contribution
and funded by organizations and individuals in the country must implement monitoring of the
community.
Within the scope of duties, powers, the Vietnam Fatherland Front at building region organizes the
implementation of community supervision.
3. The Government details this Article.
Article 9. Insurance in construction investment activities
1. Insurance in construction investment activities includes:
a) Works insurance during construction time;
b) Professional liability insurance of construction investment consultancy;
c) Insurance for supplies, materials, vehicles, construction equipment, workers;
d) Civil liability insurance for third parties;
dd) Insurance on construction works warranty.
2. Liability to buy mandatory insurance in construction activities are defined as follows:
a) Investors buy works insurance in construction time for works that affect public safety,
environment and works with specific technical requirements and complex conditions for
construction;
b) Consulting contractors buy professional liability insurance of construction work consultancy
for construction survey, design of construction works from grade II or higher;
c) Construction contractors buy insurance workers on site.

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3. Encourage investors, consulting contractors, construction contractors buy insurance in the


construction investment activities, except cases as provided Clause 2 of this Article.
4. The Government shall provide detailed regulations on mandatory insurance liability,
conditions, fees, minimum amount of insurance that organizations and individuals involved and
insurance businesses are obliged to perform.
Article 10. Encouragement policies in construction investment activities
1. Domestic and foreign organizations and individuals are encouraged and facilitated to research
into and apply advanced construction sciences and technologies, use new construction materials,
,economically use natural resources, energy, protect the environment and cope with climate
change; preserve, restore and promote value of historic, cultural heritage, beliefs, religion; enable
organizations and individuals to build social housing, participate in investment activities under
planning in mountainous areas, areas with exceptionally difficult socio economic conditions
and areas affected by climate change.
2. Entities involved in construction investment activities of all economic sectors are treated
equally before the law, are encouraged and facilitated in construction investment activities;
Priority is given to contractors having works awarded by the State on their construction quality
while participating in the bidding for construction activities.
3. Step by step transfer some public services are being done by state management agencies in
construction investment activities to qualified social - professional organizations to undertake.
Article 11. International cooperation in construction investment activities
1. Domestic organizations and individuals are encouraged to expand international cooperation in
construction investment activities, implementing technology transfer, technique, managerial
experience and use of new materials.
2. The State protects Vietnam construction brands abroad; facilitates and supports measures to
promote the signing and implementation of international treaties, international agreements in the
construction investment activities between domestic organizations, individuals and foreign ones
on the basis of ensuring basic principles of construction investment activities specified in Article
4 of this Law.
Article 12. Acts strictly prohibited
1. Decisions of construction investment are not proper with provisions of this Law.
2. Commencement of works construction while having not sufficient conditions to proceed under
provisions of this Law.
3. Constructing works in areas where construction is banned; constructing works in encroachment
of the protection corridors of defense, security, traffic or irrigation works, dikes, energy works,
zones of historical cultural relics and protection zones of other works prescribed by law;
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constructing works in areas prone to landslides, sweeping floods, tube flood, except for work
constructed to combat these calamities;
4. Constructing works in contravention of planning, except for cases having construction permit
with a term; in encroachment of demarcation boundaries, construction landmarks; constructing
works at variance with the granted construction permits.
5. Elaborating, appraising, approving design and estimate of construction works using state
capital are contrary to provisions of this Law.
6. Contractors involved in construction activities fail to satisfy the condition on construction
practicing capability.
7. Investors select contractors who fail to satisfy the condition on construction practicing
capability.
8. Constructing works not in compliance with standards, technical rules applied for the works.
9. Manufacture, use construction materials which are harmful to public health, environment.
10. Violating the regulations on labor safety, assets, preventing and combating fire, explosion,
security, order and environmental protection in construction.
11. Utilizing works with wrong purposes, functional use; building annexes or lean-tos,
encroaching square, space which are being managed, used legitimately of other organizations,
individuals and public areas, common use areas.
12. Giving and taking bribes in construction activities; taking advantage of other legal entities to
participate in construction activities; pre-fixing, conniving results of project planning, survey,
design, supervision of works construction.
13. Abusing positions and powers to violate the construction legislation; screening, slowly
handling violation of construction.
14. Obstructing lawful construction activities.
Chapter II
CONSTRUCTION PLANNINGS
Section 1. GENERAL PROVISIONS
Article 13. Construction plannings and basis of elaborating construction plannings
1. Construction plannings include following types:

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a) Regional plannings;
b) Urban plannings;
c) Specific functional area plannings;
d) Rural plannings.
2. Construction plannings are elaborated basing on following contents:
a) Strategy, comprehensive plannings of economic social development, defense, security,
branch plannings, orientation of overall planning on national urban system, related construction
plannings which were approved;
b) Technical rules on construction plannings and other relevant rules;
c) Map, documents, data on economic social actual state, natural conditions of local.
3. Urban plannings is carried out in accordance with the law on urban planning.
Article 14. Requirements and complied principles to construction plannings
1. Requirements on construction plannings include:
a) Being in line with target of strategy, socio economic development overall plannings;
ensuring defense, security, motivating socio - economic development sustainably; being
consistent with branch development plannings; open, transparent, harmonious combination
between national interests, communities and individuals;
b) Organizing and arranging territorial space on the basis of rationally exploiting and using the
natural resources, land, historical relics, cultural heritage and sources in compatibility with the
natural, socio economic conditions, historical characteristics, culture, scientific and
technological advances in each development period;
c) Meeting demand for infrastructure works system; ensuring connectivity, unification among
regional, national and international infrastructure works;
d) Protecting environment, preventing, combating natural disasters and coping with climate
changes, minimize adverse impacts to the community, preserve, restore and promote the value of
historic relics, cultural heritage, beliefs and religions; ensure synchronously architectural space,
works systems of social infrastructure, technical infrastructure.
dd) Laying the foundation for the work of planning, investment management and construction
investment attraction, management, exploitation and use of construction works in the region,
specific functional areas, rural areas.
2. Complied principles to construction plannings:
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a) The implementation of program, construction investment activities, space management,


architecture, landscape must comply with construction plannings which have been approved and
suitable for mobilized resources;
b) Construction planning level to ensure unification and conformity with plannings at higher
level.
Article 15. Review of construction planning
1. Construction plannings must be considered, reviewed periodically, evaluated the
implementation process for timely adjustments in accordance with socio economic situation
development in each stage. Periodically reviewing construction plannings is 10 years for regional
plannings, 05 years for general plannings and subdivision plannings, 03 years for detailed
plannings counting from the approved date of construction plannings.
2. Peoples Committees at all levels are responsible to review approved construction plannings.
3. Results of construction plannings review must be reported in writing to the competent state
agencies to for consideration and decision.
Article 16. Responsibility for collecting comments on construction plannings
1. Agencies, investors who elaborate construction plannings are responsible to collect comments
from agencies, organizations, individuals and communities involved in mission and construction
plannings design.
The concerned People's Committees are responsible to coordinate with agencies who elaborate
construction plannings, investors of construction investment project in collecting comments.
2. For tasks and construction planning design under the authority of the Prime Minister, the
Ministry of Construction is responsible to collect comments of ministries, agencies, other central
concerned institutions; Provincial People's Committees are responsible for collecting comments
of agencies, organizations, individuals and population communities involved in local.
3. The contributed comments must be fully synthesized, explained, acquired and reported to
competent state agencies to consider and decide.
Article 17. Forms and time collecting comments on construction plannings
1. The collection of comments from concerned agencies, organizations and individuals about
tasks and construction plannings design is done by way of sending files, documents or organizing
conferences, seminars. Agencies, organizations and individuals are collected for comments
responsible to answer in writing or comment directly.
2. The collection of comments from population communities about of tasks and general
construction plannings of construction is done through consultation with community
representatives in form of questionnaires and interviews. The community representatives are
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responsible to synthesize opinions of the population community as provided by law for the
exercise of democracy at the grassroots level.
3. The consultation of population community on tasks and subdivision plannings design, detailed
construction plannings and general communal plannings, rural population quarter construction
plannings is performed by comment cards in the form of public display or introducing planning
scenarios on mass media.
4. Time of consultation on construction plannings is at least 20 days for agencies, 40 days for
organizations, individuals and population communities.
5. Agencies, organizations who elaborate construction plannings are responsible to acquire
comments from agencies, organizations, population community consulted to complete tasks and
construction planning design; in cases of not acquiring it must reply in writing, clearly stating the
reasons before approving plannings.
6. The Government details the consultation on tasks and construction plannings design of the
concerned agencies, organizations, individuals and population community.
Article 18. Selection of consultancy organizations elaborating construction plannings
1. Agencies elaborating construction plannings determine form of selecting consultancy
organizations involved in making construction planning as prescribed by law.
2. When selecting consultants to elaborate construction plannings, agencies, organizations
elaborating construction plannings or investors must based on capacity conditions of consultancy
organizations elaborating construction plannings under provisions of this Law and shall bear
responsibilities before the law for damage caused by the selection of ineligible consultancy
organizations.
3. Encouraging selection of consultancy organizations elaborating construction plannings through
contest forms for general construction plannings on specific functional areas of large scale,
special significance and zoning construction plannings, detailed construction plannings of areas
which have important meaning in specific functional areas.
Article 19. Expense for elaborating construction plannings
1. The State guarantees expense as prescribed by law for elaborating construction plannings.
2. The State encourages domestic and foreign organizations and individuals to fund for
elaborating construction plannings.
Article 20. Orders to elaborate, approve construction plannings
Construction plannings are shown through construction planning design and done in the
following order:
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1. Elaborating, approving construction plannings task;


2. Investigating, surveying fields; collecting maps, documents and data on natural conditions,
socio - economic status, overall socio economic master plan and relevant branches development
plannings to make construction plannings design;
3. Elaborating construction plannings design;
4. Appraising, approving construction plannings design.
Article 21. Record keeping of construction plannings design
1. Agencies, organizations, investors elaborating construction plannings must keep record of the
approved construction plannings design in accordance with the law on archives.
2. State management agencies of construction plannings, land management agencies at all levels
are responsible for keeping records of construction plannings and supplying those materials to
individuals, organizations and authorized state agencies under provisions of law.
Section 2. REGIONAL CONSTRUCTION PLANNINGS
Article 22. Regional construction plannings and responsibility of organizations elaborating
construction plannings
1. Regional construction plannings are made for following regions:
a) Interprovincial region;
b) Provincial region;
c) Interdistrict region;
d) District region;
dd) Specific functional Region;
e) Region along highways, interprovincial economic corridor.
2. In the construction plannings of inter-provincial region, provincial region, the infrastructure
works system planning is concretized through specialized infrastructure design.
3. Responsibility to devise regional construction plannings is prescribed as follows:
a) Ministry of Construction chairs to cooperate with ministries, Provincial Peoples Committees
and relevant agencies, organizations to devise tasks and construction plannings design to

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interprovincial region, specific functional region bearing national significance, region along
highway, interprovincial economic corridor;
b) Ministries managing specialized construction works shall organize to devise tasks and
specialized infrastructure planning design of interprovincial region;
c) Provincial Peoples Committees shall organize to devise tasks and construction planning
design of other regions under their administrative management units.
Article 23. Tasks and contents of regional construction plannings design
1. Tasks of regional construction plannings include:
a) Determination of ground, basis forming regional boundary scope;
b) Determination of regional development target;
c) Forecasting regional population size, demand for technical infrastructure and social
infrastructure for each stage of development;
d) Identifying requirements for spatial organization of urban systems, rural areas, major region
and functional areas, systems of technical infrastructure, social infrastructure across the region in
each stage.
2. Contents of construction plannings design include:
a) Construction plannings of interprovincial region, provincial region, interdistrict region, district
region must identify and analyze potential, motivation for regional development; forecast rate of
urbanization; solution to zone functional region, dispose urban system and rural population
quarter; identify areas of specialized function, production units, headworks system of technical
infrastructure and social infrastructure of regional significance.
b) Construction plannings of specific functional areas are formed on the basis of socio - economic
potential, defense, security, cultural heritage, natural landscapes; identification and analysis of
potential development, exploitation capability, zoning function, population distribution and
organization of technical infrastructure system being appropriate to the nature and objectives of
regional development.
c) Construction plannings of region along the highway, interprovincial economic corridor must
analyze motivation and impacts of the route, corridor to the development of areas along the route,
the exploitable solution, using land and spatial organization of landscape architecture,
engineering infrastructure works system in accordance with nature of the route, corridor and
ensure traffic safety on the route entirely;
d) Construction plannings on specialized technical infrastructure must forecast growth and land
use demand; determine the location and size of major works, auxiliary works, main transmission
network, distribution network and protection scope and work safety corridor;
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dd) Based on the size and nature of the region, regional construction plannings are researched on
the basis of topographic maps scale of 1/25,000-1/250,000;
e) The time limit for regional construction plannings is from 20 years to 25 years, vision of 50
years;
g) The approved regional construction plannings are basis for implementing urban plannings,
construction plannings of specific functional areas, rural construction plannings and technical
infrastructure works system at region level.
3. The Government details this Article.
Section 3. CONSTRUCTION PLANNINGS OF SPECIFC FUNCTIONAL AREAS
Article 24. Objects and responsibility to elaborate construction plannings of specific
functional areas
1. Construction plannings of specific functional areas are established for the following functional
areas:
a) Economic zone;
b) Industrial parks, export processing zones, hi-tech parks;
c) Tourism and ecological zones;
d) Reservation zone; historical - cultural revolutionary zone;
dd) Research, training zone; sport gymnastics areas;
e) Airports, seaports;
g) Headworks technical infrastructure areas;
h) Other specific functional areas are defined according to the approved regional construction
plannings or being established by competent state agencies.
2. Responsibility to elaborate construction plannings of specific functional areas:
a) Ministry of Construction organizes to devise tasks and general construction plannings design
of specific functional areas at national level;
b) Provincial People's Committees organize to devise tasks and general construction plannings
design of specific functional areas, excluding plannings stipulated at item a clause 2 of this
Article and tasks, zoning construction plannings design of specific functional areas;

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c) People's Committees at district level or investor of construction investment projects organize


to devise tasks and detail construction plannings design of the assigned area to manage or invest.
Article 25. Construction plannings scales of specific functional areas
1. General construction plannings are made for specific functional areas with scale of 500
hectares or more as the basis to elaborate zoning plannings and detail construction plannings.
2. Zoning construction plannings are built for specific functional areas with scale less than 500
hectares scale as a basis for making detail construction plannings.
3. Detail construction plannings are made for areas in the specific functional areas as a basis for
granting construction permits and establishment of construction investment projects.
Article 26. General construction plannings of specific functional areas
1. Tasks of General construction plannings of specific functional areas include :
a) Ground, forming basis, determination of boundary scope of specific functional areas;
b) Determining nature, forecasting population size of specific functional areas, requirements for
spatial orientation, technical infrastructure, social infrastructure works for each plannings period;
c) For general construction plannings, renovation of specific functional areas, in addition to the
contents specified in item a clause 1 of this Article, it must also determines the areas required to
be cleared, areas retained for embellishment, areas must be protected and other specific
requirements on characteristics of each particular functional area.

2. General construction planning design of specific functional areas include:


a) Contents of general construction planning design of specific functional areas include the
identification of objectives, development dynamic, population size, land, targets on technical
infrastructure, social infrastructure; model development, spatial developing orientation of
functional areas, administrative centers, services, trade, culture, education, training, health care,
green park, fitness and sports; technical infrastructure frame works system on the top, on the
ground, underwater and underground; strategic environmental assessment; prior investment plans
and resources for implementation.
b) Drawings of general construction planning design of specific functional areas are shown at the
scale of 1/5000 or 1/10000;
c) Plannings duration from 20 years to 25 years;

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d) The approved general construction planning design of specific functional areas are basis to
elaborate zoning construction plannings, detail construction plannings areas and and establish
investment projects of building technical infrastructure frame in the specific functional areas.
3. Contents of general construction planning design of specialized specific functional areas
include identification of population size, land, targets on technical infrastructure, social
infrastructure; spatial developing orientation of the functional zoning; plannings of technical
infrastructure frame works system; strategic environmental assessment; prior investment plans
and resources for implementation
Article 27. Zoning construction plannings of specific functional areas
1. Tasks of zoning construction plannings of specific functional areas include :
a) Requirements of land use area, size and scope of the zoning plannings, building systems of
technical infrastructure, social infrastructure in regional planning;
b) Making lists proposing measures to improve works to be retained in the renovation planning
areas;
c) Other requirements for each planning area.
2. Zoning construction plannings design of specific functional areas include:
a) Contents of Zoning construction plannings design of specific functional areas include
indentification of using function for each land area; principles of spatial organization, landscape
architect for the planning region; targets of population, land use, technical infrastructure building
systems for each lot; arranging system of social infrastructure projects in accordance with users
needs; layout network of the technical infrastructure works to each street in accordance with the
stage of development of the entire specific functional areas; strategic environmental assessment;
b) Drawings of the zoning construction plannings of specific functional areas are expressed in a
scale of 1/2000;
c) The time limit for zoning construction plannings of specific functional areas are identified on
the basis of general plannings duration and management requirements, development of specific
functional areas;
d) The approved zoning construction plannings design of specific functional areas are basis to
determine construction investment projects in the specific functional areas and to make detail
construction plannings.
Article 28. Detail construction plannings in the specific functional areas
1. Tasks of detail construction plannings in the specific functional areas include:
a) Requirements of land use area, size, scope of detailed plannings, urban design, technical
infrastructure, social infrastructure building systems in the regional planning.
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b) Making lists of proposing measures to improve for the works to be retained in the renovation
planning area;
c) Other requirements to each planning area.
2. Detail construction plannings design in the specific functional areas include:
a) Contents of detail construction plannings design include identification of target on population,
land use, technical infrastructure, social infrastructure and organization of space requirements,
architecture for the entire planning area; arranging social infrastructure projects in accordance
with users needs; requirements for architectural work for each plot of land, urban design; layout
of technical infrastructure works system to the boundary of lot; strategic environmental
assessment;
b) Drawings of detail construction plannings design are shown at the scale of 1/500;
c) The time limit for detail construction planning is determined on the basis of the investment
plan;
d) The approved detail construction plannings design are basis for granting construction permits
and establishing construction investment projects.
Section 4. RURAL CONSTRUCTION PLANNINGS
Article 29. Objects, scales and responsibilites elaborating rural construction plannings
1. Rural construction plannings are elaborated for objects who are commune and rural population
quarters.
2. Rural construction plannings include following scales:
a) General construction plannings are made for all administrative boundary of the commune;
b) Detail construction plannings are made for rural population quarters.
3. Peoples Committees at commune level chair to devise tasks and rural construction plannings
design.
Article 30. General construction plannings of commune
1. General construction plannings of commune include targets, communal boundaries scope; the
nature and function of the commune; identification of factors that affect socio - economic
development of the commune; forecasting population size, labor; land size, main economic
technical targets; requirements for organizing principle of distributing functional areas of
agricultural production, industrial, handicraft, trade villages, housing, services and technical
infrastructure works system.

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2. General construction plannings design of commune include:


a) Contents of general construction plannings design of commune include: identification of
potential, dynamics development, population size, labor, land size, network of rural population
quarter; oriented organization of overall communal space; oriented development of functional
areas of agricultural production, industrial, handicraft, trade villages, housing, services and
technical infrastructure works system;
b) Drawings of general construction plannings of commune are shown at scale of 1/5000 or
1/10000 or 1/25000;
c) Duration of plannings from 10 years to 20 years;
d) The approved general construction plannings design of commune are basis of elaborating
detail construction planning of rural population quarters including communal center, residential
areas and other functional areas in the commune.
Article 31. Detail construction plannings of rural population quarters
1. Tasks of detail construction plannings of rural population quarters include forecasting
population size, labor; land size; require land use on construction works layout, conservation and
refurbishment; technical infrastructure, social infrastructure works in rural population quarters.
2. Detail construction plannings design of rural population quarters include:
a) Contents of detail construction plannings design of rural population quarters include
determination of location, construction area of the project: working office of the commune
administrations, public works of education, health care, education, culture, sports, commerce,
services and housing; technical infrastructure planning and infrastructure for production;
b) Drawings of detail construction plannings design of rural population quarters are shown in
scale 1/500 or 1/2000;
c) Duration of plannings bases on investment plan and implementing resources;
d) The approved detail construction plannings design of rural population quarters are basis to
establish construction investment projects and grant construction permit.
Section 5. APPRAISAL, APPROVAL OF CONSTRUCTION PLANNINGS
Article 32. Competence to appraise tasks and construction plannings design
1. Ministry of Construction appraises tasks and construction plannings design under approval
competence of the Prime Minister.

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2. Agencies managing construction plannings subordinated to Provincial Peoples Committees


appraise tasks and construction plannings design under approval competence of the Peoples
Committees at same level.
3. Agencies managing construction plannings subordinated to district level Peoples Committees
appraise tasks and construction plannings design under approval competence of the Peoples
Committees at same level.
Article 33. Appraisal Council and appraisal contents of tasks and construction plannings
design
1. Ministry of Construction determines to establish Appraisal Council on tasks and construction
plannings design under approval competence of the Prime Minister and construction plannings
design made by Ministry of Construction. Ministry of Construction is standing office of the
Appraisal Council.
2. Peoples Committees determine to establish Appraisal Council on tasks and construction
plannings design under their approval competence. Agencies managing construction plannings
subordinated to provincial and district Peoples Committees are standing offices of the Appraisal
Council at same level.
3. Constituent of Appraisal Council includes representatives of state management agencies, social
professional organizations and experts of relevant fields.
4. Contents appraisal of construction plannings tasks include:
a) The conformity of construction plannings tasks to strategy, socio economic development
planning, defense, security, envionmental protection, coping with climate change, relevant
construction plannings and plannings, land use plan;
b) Content requirements on each task of construction plannings are stipulated at Articles 23, 26,
27, 28, 30 and 31 of this Law.
5. Appraisal contents of construction plannings design include:
a) The meeting requirements of organizations implementing design of construction plannings as
prescribed at Article 150 of this Law;
b) Basis of elaborating construction plannings design as prescribed at clause 2 Article 13 of this
Law;
c) The conformity of construction plannings design to tasks and requirements on content of each
construction plannings as prescribed at item 2, 3 and 4 of this Chapter.
Article 34. Competence to approve tasks and construction plannings design
1. The Prime Minister approves following tasks and construction plannings design:
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a) Construction plannings of interprovincial region, construction plannings of provincial region,


construction plannings of specific functional areas and construction plannings of areas along
highway, interprovincial economic corridor; specialized plannings on technical infrastructure of
interprovincial region;
b) General construction plannings of economic zone, general construction plannings of high tech
parks;
c) General construction plannings of tourism, ecological areas, conservation areas, historic
cultural areas, revolution, areas of research, training, sports, other specific functional areas at
national level;
d) Other construction plannings assigned by the Prime Minister to the Ministry of Construction to
elaborate.
2. Provincial Peoples Committees approve following tasks and construction plannings design:
a) Construction plannings of interdistrict region, construction plannings of district region;
b) General construction plannings of specific functional areas, excluding provisions as prescribed
at item c clause 1 this Article;
c) Zoning construction plannings of specific functional areas.
3. Peoples Committees at district level approve tasks and zoning plannings design; detail
construction plannings and rural construction plannings under their management of
administrative boundary scope after having unanimous opinion in writing of agencies managing
construction plannings of the provincial Peoples Committees.
4. Peoples Committees at all levels who organize to elaborate construction plannings are
responsible to submit Peoples Council of same level to decide before considering and approving
by competent state authorities.
5. Forms, contents of approval on tasks and construction plannings design include:
a) Tasks, construction plannings design must be approved by written documents;
b) The approved documents of construction plannings must have main contents of construction
plannings design as prescribed at Articles 23, 26, 27, 28, 30 and 31 of this Law and enclosing list
of approved drawings.
Section 6. ADJUSTMENT OF CONSTRUCTION PLANNINGS
Article 35. Conditions of construction plannings adjustment
1. Regional construction plannings are adjusted in one of the following cases:
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a) Having adjustment of regional overall plannings of socio economic development, branches


development plannings of the region; regulations of enviromental and resources protection;
plannings, plan of using land; defense, security strategy; dynamic projects for regional
development;
b) Having changes on natural geographic conditions, administrative boundaries, large
fluctuations in population and economy society.
2. Construction plannings of specific functional areas are adjusted in one of the following cases:
a) Having adjustment of overall plannings of socio economic development, construction
plannings, branches development plannings of the region;
b) Forming key projects of national significance that make great impact on land use,
environment, spatial layout of functional areas;
c) Construction plannings are not implemented or the implementation shall adversely affect socio
- economic development, defense, security, social security and ecology, historical - cultural relics
and community opinions.
d) Having fluctuation on climate, geology, hydrography;
dd) Serving national and community interests.
3. Rural construction plannings are adjusted in one of the following cases:
a) Having adjustment on socio economic development plannings of the local;
b) Having adjustment on regional construction plannings;
c) Having adjustment on plannings, land use plan of the local ;
d) Having adjustment on geographical and natural conditions.
Article 36. Principles of construction plannings adjustment
1. The adjustment of construction plannings must be based on analysis and assessment of status,
executed results of existing planning, clearly defining renovation and refurbishment requirements
of the area to propose adjustment on land use target, solution of spatial organization, landscape
for each area; solutions for improving works system of technical infrastructure and social
infrastructure in accordance with requirements of development.
2. Contents of adjusted construction plannings must be appraised, approved under provisions of
this Law; the unregulated contents of the approved construction plannings design have still been
carried out.
Article 37. Types of construction plannings adjustment
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1. The overall construction plannings adjustment are defined as follows:


a) The overall construction plannings adjustment are carried out when the nature, function and
size of the planning regions, areas changes or expected contents for adjustment alter structure and
development orientation of planning regions, areas;
b) The overall construction plannings adjustment must ensure to meet the practical requirements,
consist with trend of socio - economic development and regional development orientation, the
area's future, improve environmental quality life, infrastructure and landscape, ensure the
inheritance and does not greatly affect the construction investment projects being implemented.
2. The partial construction plannings adjustment are defined as follows:
a) The partial construction plannings adjustment shall only apply for specific functional areas;
b) The partial construction plannings adjustment are carried out when the anticipated adjustable
contents are not to influence to nature, function, boundary scale, general development orientation
of planning region and main planning solution of the areas elaborating zoning construction
plannings or detail construction plannings.
c) The partial construction plannings of specific functional areas must define scope, extent,
content of adjustment; ensure continuity, coordination of the general construction plannings of
specific functional areas or zoning construction plannings or current detail construction plannings
basing on analyzing adjustable reasons; socio - economic efficiency of adjustment; measures to
correct matters arising due to construction plannings adjustment.
Article 38. Order to adjust the overall construction plannings
1. Based on socio- economic development and factors affecting the development process of
specific functional areas, rural areas; controlled conditions and after reviewing construction
plannings, agencies who organize to elaborate construction plannings report competent agencies
to approve construction plannings for reviewing and adjustment of the overall construction
plannings.
2. Agencies, individuals who are authorized to approve construction plannings shall agree policy
to adjust the overall construction plannings.
3. The organization of elaboration, consultation, appraisal, approval of tasks and overall
adjustment plannings of construction plannings, announcement of construction plannings
adjustment carried out under the provisions of Article 16, Article 17 and items 2, 3, 4 and 5 of
this Chapter.
Article 39. Order to adjust partial construction plannings
1. Agencies elaborating construction plannings report content and plan of partial adjustment on
construction planning, organizing consultation of population communities in the planning
adjustment area and directly influential surroundings and submit the competent authorities of
construction plannings approval to review, decide to adjust partial construction plannings.
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2. Agencies, individuals authorized to approve construction plannings determine to partially


adjust in writing on the basis of opinion from the appraisal agency of construction plannings.
3. Agencies elaborating construction plannings are responsible for updating and showing
adjustable contents in construction plannings record. Adjustable contents of construction
plannings must be publicized in accordance with Article 42 of this Law.
Section 7. CONSTRUCTION PLANNINGS IMPLEMENTATION
Article 40. Publicize construction plannings
1. Within 30 days from the date of approval, construction plannings design must be publicized.
2. Publicized contents of construction plannings include basic contents of construction plannings
design and management regulations in the issued construction plannings design, except for
contents related to defense security, state secrets.
3. Construction plannings management Agencies are responsible for updating fully
implementation status of the approved construction plannings design to the prompt publication of
competent authorities to organizations, individuals to be aware, supervise during the
implementation process.
Article 41. Responsibilities to publicize construction plannings
1. For regional construction plannings are defined as follows:
a) Ministry of Construction chairs to cooperate with relevant provincial Peoples Committees to
publicize the interprovincial construction plannings under approval competence of the Prime
Minister;
b) Provincial Peoples Committees in the plannings region publicize regional construction
plannings under approval competence of the Prime Minister except plannings stipulated at item a
this clause;
c) Peoples Committees at district and commune levels in the planning region publicize regional
construction plannings under approval competence of provincial Peoples Committees.
2. For general construction plannings of specific functional areas are defined as follows:
a) Ministry of Construction chairs to cooperate with relevant provincial Peoples Committees to
publicize the interprovincial construction plannings of specific functional areas under approval
competence of the Prime Minister;
b) Peoples Committees at all levels are responsible to publicize general construction plannings
design of specific functional areas belonging to administrative boundaries by their management.

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3. Peoples Committees at all levels are responsible to publicize the approved zoning construction
plannings design and detail construction plannings of specific functional areas belonging to
administrative boundaries by their management to be implemented and supervised.
4. Communal Peoples Committees publicize communal and rural population quarter
construction plannings.
5. Within 30 days counting from the approval date of construction plannings, Peoples
Committees at all levels are responsible to publicize construction plannings.
6. The persons who are responsible publicizing construction plannings if not publicizing, delayed
publication, wrongly publicizing of the approved contents of construction plannings, depending
on the nature and seriousness of their violations to be disciplined, prosecuted criminal liabilities,
paid compensation if causing damage in accordance with laws.
Article 42. Forms of construction plannings publication
1. The approved construction plannings design must be publicized on electronic information
website of the state management agencies on construction plannings.
2. Besides the above mentioned form as prescribed at clause 1 this Article, the authorized persons
determine the following publication forms of construction plannings:
a) Organizing conference to announce construction plannings with the participation of
representatives of concerned organizations and agencies, the Vietnam Fatherland Front,
representatives of the people in the planning areas, media agencies.
b) Publicly, regularly, continuously display panels, drawings, models in public places, at the
construction plannings management agencies at all levels, the communal People's Committees for
detail construction plannings;
c) Printing, widely published construction plannings map, management regulations on approved
construction plannings.
Article 43. Providing information on construction plannings
1. The information provided on construction plannings is done under the following forms:
a) Publicizing dossiers of construction plannings design;
b) Explaining construction plannings;
c) Providing information in writing.
2. The state management agencies on construction plannings are responsible to provide
information about construction places, construction demarcation, red line demarcation, elevation
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and other information related to plannings when organizations, individuals demand under
management scope of construction plannings design.
People's Committees at all levels are responsible for organizing the reception, processing and
providing information upon request.
Within 15 days counting from the date of request, the construction plannings management
agencies are responsible to provide information in writing to the agencies, organizations or
individuals having requests.
3. Agencies, organizations and individuals have requests to provide information in writing must
pay charges for the provided information that they require.
4. Agencies and organizations providing information are responsible before the law for the time
to provide information and accuracy of the provided documents, data.
Article 44. Setting out construction landmarks on the field
1. Setting out construction landmarks on the field is carried out to general construction plannings
design, zoning construction plannings and detail construction plannings.
2. Setting out landmarks following to the approved construction plannings includes: red line
demarcation, construction demarcation, elevation, boundary areas of banned construction under
the approved landmarks dossier.
3. After approving construction plannings design by state competent agencies, the Peoples
Committees at all levels have following responsibilities:
a) Elaborating and approving landmarks setting out dossiers under approved construction
plannings. Time to elaborate and approve landmarks dossiers does not exceed 30 days, counting
from the approval date of construction plannings. The setting out landmarks on the field must be
completed in a term of 45 days counting from the approval date of landmarks dossiers;
b) Organizing to execute setting out landmarks on the field to the detail construction plannings
design after selecting investors.
4. Responsibilities to organize, execute setting out landmarks are defined as follows:
a) Provincial Peoples Committees direct setting out construction landmarks on construction
plannings design under their administrative boundaries scope management;
b) Peoples Committees at district level execute setting out construction landmarks on
construction plannings design under their administrative boundaries scope management;
c) Communal Peoples Committees execute setting out construction landmarks on construction
plannings design under their administrative boundaries scope management;
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5. Dossiers of setting out landmarks are executed by professional units.


6. Landmarks must ensure durability, standard size and are recorded as prescribed indicators,
easily identifiable, safe for people, vehicles, traffic and in accordance with the topography,
geomorphology of the demarcated area.
7. Communal Peoples Committees are responsible to protect landmarks on the field.
8. Agencies managing construction plannings keep approved dossiers of landmarks setting out
and are responsible to provide documents related to landmarks for organizations and individuals
having requests.
9. When the construction plannings are adjusted, then the landmarks shall be adjusted according
to adjustment plannings.
10. Those who commit acts of setting out demarcation markers, elevation in wrong position,
displacement, destruction of demarcation markers, elevation, depending on the nature and
seriousness of their violations, shall be disciplined, administratively sanctioned and criminal
prosecution, if causing damage, they must pay compensation under the provisions of law.
Section 8. CONSTRUCTION MANAGEMENT ACCORDING TO CONSTRUCTION
PLANNINGS
Article 45. Principles of construction management according to construction plannings
1. The management of construction investment must be based on construction plannings
approved by authorized agencies.
2. The new construction investment, repair and renovation of buildings, technical infrastructure
and social infrastructure buildings and housing must be consistent with the detailed construction
plannings which have been approved and in accordance with law on construction.
Article 46. Introduction of construction place
1. The agencies managing construction plannings are responsible to introduce construction
investment place to investors upon having requests.
2. The place which is introduced to invest must conform to the construction plannings, scale and
nature of the investment, saving construction land area; not affect the socio - economic
development and environment of the region, specific functional areas and rural areas.
Article 47. Construction plannings Permit
1. Construction plannings permit means document issued by state competent authorities to the
investors of construction investment projects in specific functional areas as basis to elaborate
detail plannings or elaborate projects when not having approved zoning plannings, detail
construction plannings.
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2. The issuance of construction plannings permit must base on management requirements,


development control of specific functional areas, technical regulations for construction plannings,
management regulations under general construction plannings of specific functional areas.
3. Contents of construction plannings permit include scope, scale of planning areas, permitted
land-use criteria of construction plannings, requirements of land use mining, organization of
architectural space, technical infrastructure, social infrastructure above ground, below ground,
protection of landscape, environment of project areas, duration of the construction planning
permit.
4. Competence to grant construction plannings permit is defined as follows:
a) Provincial Peoples Committees grant construction plannings permit for construction
investment projects in specific functional areas at national level;
b) Peoples Committees at district level grant construction plannings permit for construction
investment projects which are not belonging to cases as prescribed at item a this clause.
5. Organizations and individuals are granted construction plannings permit shall pay fee
prescribed by law on fees and charges.
6. Government details contents, order of granting construction plannings permit.
Article 48. Organization and management of the construction plannings implementation
1. Provincial People's Committees are responsible for directing the program development,
implementation plan of urban development construction plannings, rural, specific functional
areas of management according to the approved construction plannings.
2. Ministry of Construction is responsible to direct, coordinate the management of interprovincial
region construction plannings, include:
a) Determining program list, plan to execute plannings, prior investment projects to build a
system of regional technical infrastructure, social infrastructure works;
b) Attracting, coordinating developing investment capital of technical infrastructure, social
infrastructure works system at region level;
c) Review, adjust and test, inspect the implementation of interprovincial region construction
planning;
d) Chairing to cooperate with President of relevant Peoples Committees to regularly report the
Prime Minister the implementation of interprovincial region construction planning according to
period of plannings execution.

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3. Implementation plan of construction plannings must determine the executing time for each
specific area on a consistent basis with the goal of construction plannings and implementation
resources of construction planning.
Chapter III
WORK CONSTRUCTION INVESTMENT PROJECTS
Section 1. GENEARL PROVISIONS
Article 49. Classification of construction investment projects
1. Construction investment projects are classified according to size, nature, type of construction
works and utilized capital.
2. Construction investment projects are classified according to the size, nature and construction
works type of the projects, including the project of national importance, project group A, project
group B, project group C according to criteria under provisions of the law on public investment.
3. Construction investment projects include one or many works with type, level of different
construction works.
Article 50. Order of construction investment
1. The Order of construction investment has 03 stages, including project preparation, project
implementation and completion of construction putting works of the project into operation and
utilization, except the construction of individual houses.
2. National important projects, project group A consist multiple project components of which
each project component can operate independently, being used or to allocate investment to
implement then the project component is managed for execution as a stand-alone project. The
distribution of component projects or investment allocation must be specified in contents of
decision of content investment decision.
3. Based on specific conditions of the project, the person determining investment decides the
implementation sequentially or in combination, alternating works during project execution and
completion of construction putting projects into operation.
Article 51. Requirements for construction investment projects
Construction investment projects which are indiscriminate on the type of funds used must meet
the following requirements:
1. Conforming with the overall socio economic development planning, branches developing
planning, construction planning, plannings and land-use plan in the localities where have
construction investment projects.

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2. Having appropriate technological and construction design plans.


3. Ensuring quality, safety in construction, operation, exploitation, utilization of works,
prevention, combat of fire, explosion and environmental protection, climate change adaptation.
4. Ensuring sufficient capital along with project schedule, financial performance, socio economic efficiency of projects.
5. Complying other rules of relevant laws.
Section 2. FORMULATION, PROJECTS
INVESTMENT DETERMINATION

APPRAISAL

AND

CONSTRUCTION

Article 52. Formulation of construction investment projects


1. When involving construction investment, the investor must prepare a feasibility study report on
construction investment, unless otherwise specified in Clauses 3 and 4 of this Article. The
contents of the feasibility study report construction investment must conform to the requirements
of each project. The formulation of the feasibility study report on construction investment must
comply with provisions of this Law and other provisions of relevant legislation.
2. For projects of national importance, project group A, prior to formulation of the feasibility
study report on construction investment, the investor must make a report on the pre-feasibility
study of construction investment. Other projects in case of formulating the pre-feasibility study of
construction investment shall be considered, decided by the person determining investment.
3. The construction investment projects only need formulation of the technical - economic report
on construction investment in the following cases:
a) Construction works used for religion purposes;
b) Construction works at small size and other ones prescribed by the Government.
4. When building individual housing, the investors do not have to set up projects or technical economic report on construction investment.
Article 53. Contents of Pre-Feasibility study report on construction investment
1. The necessity of investment and conditions to implement construction investment.
2. Expected objectives, scale, location and form of construction investment.
3. The demand for land and resource use.
4. Preliminary design plan for construction, description, technology, engineering and suitable
equipment

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5. Estimated time of project implementation.


6. Preliminary total investment, capital mobilizing plans; reimbursement ability, payment for the
loan (if any); preliminary determination of socio - economic efficiency and impact assessment of
the projects.
Article 54. Contents of Feasibility study report on construction investment
1. The basic design shall be made to achieve objectives of the project, in consistent with the
construction works of the project, to ensure consistency among the works being put into
operation and use. The basic design consists of description and drawings showing contents as
follow:
a) Building location, alignment work, list and size, type and work grade of total building plan;
b) Plans of technology, technique and equipment are selected (if any);
c) Solutions on architecture, ground, cross section, work facade, size, main structure of the
construction works;
d) Solutions on construction, main materials to be used, estimated construction expense for each
work;
dd) Plan for infrastructure connections inside and outside the buildings, solutions to prevent,
combat fire and explosion;
e) The applied standards, technical regulations and construction survey results to build up the
basic design.
2. Other contents of Feasibility study report on construction investment include:
a) The necessity and investment policy, construction investment targets, construction place and
land use are, capacity scale and form of construction investment;
b) The ability to ensure elements of the project execution such as resources use, technological
equipment selection, employees use, technical infrastructure, products consumption,
requirements for utilization, implementing time, plan for the construction site clearance,
resettlement (if any), organization management solution of project implementation, operation, use
and protect the environment;
c) Impact assessment of the projects related to land acquisition, site clearance, resettlement;
landscape protection, ecology, safety in construction, prevention, combat fire, explosion and
other necessary contents;
d) Total investment and capital mobilization, financial analysis, risk, projects utilization costs,
evaluation of socio - economic efficiency of the projects; propose a mechanism for coordination,
incentives, support project implementation;
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dd) Other relevant contents.


Article 55. Contents of technical economic report on construction investment
1. Designing construction drawings, designing technology (if any) and construction cost
estimates.
2. Other contents of technical - economic report on construction investment include description
on the need to invest, the goal of building, construction site, area of land use, size, capacity,
works grade, solution on construction, construction safety, plan for site clearance and
environmental protection, allocation of funds, building time, efficiency of construction
investment.
Article 56. Appraise construction investment projects
1. The construction investment projects must be appraised before deciding to invest.
2. Profile submitting appraisal of construction investment projects, including:
a) Statement of project appraisal of the investors;
b) Feasibility study report on construction investment or technical economic report on
construction investment;
c) Related documents, writings.
3. Contents of project appraisal as prescribed at Article 58 of this Law.
Article 57. Appraisal competence on construction investment projects
1. For projects of national importance, the State Evaluation Council made by the Prime Minister
is responsible for the appraisal of the pre-feasibility study report on construction investment, the
feasibility study report on the construction investment.
2. For projects funded by the state budget, the professionally decentralized construction bodies
are responsible to chair for evaluating the contents specified in Article 58 of this Law.
3. For projects using state capital off budget then the appraisal competence on construction
investment projects are defined as follows:
a) The professionally decentralized construction bodies chair to appraise basic design as
prescribed at items a, b, d, dd, e and g clause 2 Article 58 of this Law;
b) The professional bodies directly under persons determining investment chair to appraise
technological design (if any), other contents of the Feasibility study report on construction
investment.
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4. For projects using another capital sources, the appraisal competence on construction
investment projects is defined as follows:
a) The professionally decentralized construction bodies appraise basic design of construction
investment projects to special grade building, grade I, public building, building affects greatly to
landscape, environment and community safety. The professional bodies directly under persons
determining investment chair to appraise technological design (if any), other contents of the
Feasibility study report on construction investment.
b) Projects using another capital sources are not under cases as prescribed at item a shall be
appraised by persons determining investment themselves;
c) Projects conducted according to forms of projects contract, pubic private partnership contracts
with state contributed capital shall be appraised by the professionally decentralized construction
bodies on projects basic design. The authorized state agencies under the law of investment shall
appraise other contents in Feasibility study report on construction investment.
5. For the construction investment projects just need to make technical - economic report on
construction investment then the appraisal competence of construction investment projects is
defined as follows:
a) In case of using state budget, the professional construction bodies are responsible to chairing to
appraise contents of technical economic report on construction investment specified in clause 4
of Article 58 of this Law;
b) In case of using of state capital off budget, the professionally decentralized construction bodies
are responsible for chairing to appraise construction drawings design and construction cost
estimates. The professional agencies directly under persons determining appraise technological
design (if any), other contents of technical economic report on construction investment;
c) In case of using another capital sources, the persons determining investment, investors
themselves organize to verify construction drawings design, construction cost estimates,
excluding special grade buildings, grade I and works greatly affect landscape, environment and
safety of the community and are solely responsible for the appraisal content.
6. Construction investment projects with requirements on prevention, combat fire, explosion,
environmental protection, defense and security ensure must be appraised by competent state
agencies.
7. Professional construction bodies, persons determining investment invite organizations,
individuals with expertise and experience involved evaluation of projects or request investors to
choose organizations and individuals who have qualified building activities capacity, building
practice capacity have been registered on the electronic information website on building activities
capacity under provisions of this Law to examine the projects as basis for appraisal and approval.
Verification costs and appraisal fees and basic design are included in the total investment of the
project.
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8. The chairing appraisal agencies are responsible to summarize results of project appraisal to
submit the competent person determining investment to review, decide.
9. Organizations, individuals involved in appraisal, inspection of projects are liable before the
law about their results of appraisal, inspection. Organizations, individuals who elaborate projects
are not allowed to appraise, inspect their projects.
Article 58. Appraisal contents of construction investment projects
1. Appraisal on construction investment projects includes basic design appraisal and other
contents of Feasibility study report on construction investment.
2. Contents of basic design include:
a) The appropriateness of basic design with detailed construction plannings; approved total
ground or with alternatives of selected works for construction in line;
b) The suitability of the basic design for construction places, the ability to connect to the
infrastructure of the region;
c) The suitability of technology alternative, technological lines is selected for works that require
technological design;
d) The appropriateness of design solution to ensure construction safety, environmental protection,
prevention of fire and explosion;
dd) The compliance of standards, technical regulations in design;
e) Condition of building activities capacity of organizations, practicing capacity of individuals
setting design consultancy;
g) The compatibility of solution of project implementation in phases, work items with the
requirements of basic design.
3. Other contents of appraised Feasibility study report on construction investment include:
a) Assessing the need for construction investment, including compliance with investment policy,
ability to meet increased demands of scale, capacity, utilization capacity to meet the requirements
of socio - economic development, ensuring national defense and security in each period;
b) Assessing factors to ensure the feasibility of the project, including the suitability of
development planning, construction plannings; ability to meet the needs of land use, building
clearance; the need to use resources (if any), ensure inputs and to meet outputs of the projects
product; implementing solutions; management experience of the investor; solutions for
environmental protection; prevention of fire and explosion; ensuring national defense and
security and other factors;
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c) Assessing factors to ensure the effectiveness of the project, including total investment, project
implementation schedule; operational costs; ability to raise capital in progress, risk analysis,
financial performance and socio - economic efficiency of the project.
4. For projects just need to make technical economic report on construction investment as
prescribed at clause 3 Article 52 of this Law, the appraisal contents include:
a) Assessment of the need to invest, scale; execution time; total investment, socio- economic
efficiency;
b) Considering factors to ensure the feasibility, including demand for land use, ground clearance
capability; factors affecting works as defense , security, environment and other related provisions
of law;
c) The rationality of construction investment design solutions; compliance with applicable
standards, technical regulations, provisions prescribed by law for the use of building materials for
construction; the reasonableness of selection on lines and technological equipment for building
design having technology requirements; compliance with regulations on environmental
protection, prevention of fire and explosion;
d) Evaluating the appropriateness of works design solutions with the use of works, level of works
safety and ensuring safety of neighboring buildings;
dd) Assessing conformity between the main mass of estimates and designed quantity; correctness
and rationality of application, operation of norms, works construction unit price; determine the
estimated value of works;
e) Conditions of building activities capacity of organizations, individuals to carry out survey,
construction design, establish technical - economic report on construction investment.
Article 59. Period to appraise construction investment projects
Appraisal period of projects start from the date that the appraisal agencies, organizations receive
valid dossiers as the following, specifically:
1. Project appraisal period not exceeding 90 days for projects of national importance;
2. Project appraisal period not exceeding 40 days for projects of group A;
3. Project appraisal period not exceeding 30 days for projects of group B;
4. Project appraisal period not exceeding 20 days for projects of group C and projects just need to
make technical economic reports on construction investment;
5. Where it is necessary to extend appraisal period, the appraisal agencies, organizations have
reported the senior agencies to consider, decide on the extension; extension period shall not
exceed the corresponding appraisal period specified in Clauses 1, 2, 3 and 4 of this Article.
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Article 60. Competence to determine construction investment


1. For projects funded by the state budget, national bonds, government bonds, local bond, which
official development assistance, preferential loans from foreign donors, investment credit capital
in the development of the State, capital revenues left for investment but not brought into the state
budget balance, other loans of local budgets to invest, the competence to determine construction
investment are made under provisions of the law on public investment.
2. For projects funded by government credit guarantees, loans guaranteed by state-owned assets,
capital investment in the development of state-owned enterprises, capital from career activities
development fund, value of land use of agencies, organizations, state enterprises contribute
capital for construction investment, the competence to determine construction investment is
defined as follows:
a) Prime Minister determines investment for projects of national importance;
b) Authorized persons of agencies, organizations, enterprises under the law determine projects
investment.
3. For projects using other capital sources, the owner or representative of owners determine
construction investment projects within power prescribed by law.
Article 61. Adjustment of construction investment projects
1. The construction investment projects using state capital shall be adjusted in the following
cases:
a) Due to impact of natural disasters, environmental incidents, enemy sabotage, fires and other
force majeure factors;
b) Appearing factors that bringing greater efficiency to the project which are proven by investors
of socio economic, financial efficiency due to project adjustment;
c) When construction plannings change and directly affect projects;
d) When construction price index announced by the Ministry of Construction, the provincial
People's Committee during project implementation is bigger than construction price index used to
calculate provision for devaluation of total projects investment approval.
2. The project adjustment using state capital is decided by person determining investment.
3. The project adjustment using other capital sources is decided by person determining
investment on the basis of ensuring demands on plannings, safety, environmental protection,
prevention of fire and explosion, defense, security which are accepted by competent state
authorities.

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4. In case of adjustments alter project objectives, scope, construction sites then must be approved
by the authorized state agencies.
5. The adjustment of construction investment project must be appraised, approved.
6. Government details on elaboration, appraisal, approval, adjustment of construction investment
projects.
Section 3. EXECUTION MANAGEMENT OF CONSTRUCTION INVESTMENT
PROJECTS
Article 62. Organizational forms of managing construction investment projects
Based on the size, nature, capital sources and project implementation conditions, the person
determining investment shall decide to apply one of the following organizational forms of
managing construction investment projects:
1. Specialized construction investment projects management unit, area construction investment
projects management unit applying to projects using the state budget, specialized projects using
state capital off-budget of economic group, state corporations.
2. Construction investment projects management unit of one project applying for projects using
state capital with size at group A having special schemes; applying high technology confirmed by
the Minister of Science and Technology in writing; projects on defense and security with
requirements of state secrets.
3. Hiring project management consultant for projects using state capital off-budget, other capital
sources and projects with specific and individual characteristics.
4. Investors use specialized apparatus having sufficient capacity to manage the implementation of
rehabilitation projects, small-scale repair projects with community participation.
5. Project management unit, project management consultant specified at clauses 1, 2 and 3 of this
Article shall have sufficient capacity under conditions specified in Article 152 of this Law.
6. Government details regulations on model, organization and operation of the construction
investment project management unit.
Article 63. Specialized construction investment projects management unit, areal
construction investment projects management unit
1. Ministers, Heads of ministerial-level agencies, presidents of provincial-level People's
Committees, Chairman of the district People's Committee, the authorized representative of the
state-owned enterprises decide to establish the Specialized construction investment projects
management unit, areal construction investment projects management unit to manage a number
of projects in the same speciality, works alignment or on the same area.
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2. The Specialized construction investment projects management unit, areal construction


investment projects management unit are assigned to be investors of some project and execute
functions, project management tasks, project management consultancy as needed.
3. The Specialized construction investment projects management unit, areal construction
investment projects management unit have following responsibilities:
a) Exercise rights and obligations of the investor as defined in Article 68 of this Law, directly
manage projects assigned by the person determining investment and exercise rights and
obligations as stipulated in Article 69 of this Law;
b) Handing over works for agencies, units to operate, manage, exploit and use; in necessary case
being assigned by person determining investment, then directly operate, manage, exploit and use
the buildings.
4. The Specialized construction investment projects management unit, areal construction
investment projects management unit are to execute project management consultancy for other
projects upon requests and implementing rights, interests as stipulated at Article 70 of this Law.
Article 64. Construction investment projects management unit of one project
1. Investors who establish Construction investment projects management unit of one project
directly manage one project applied to project as defined at clause 2 Article 62 of this Law.
2. Construction investment projects management unit of one project has seal, account, performs
tasks and powers authorized by the investor. The organizational structure of the project
management unit comprises Director, deputy director and professional staffs, depending on
requirements, nature of the project. Members of the project management unit work on a
specialized regulations or pluralism basis as decided by the investor.
Article 65. Hiring consultants to manage the construction investment projects
1. Investors sign contract of project management consultancy with organizations, individuals who
are eligible for capacity building activities under provisions of this Law to carry out one, a certain
or the whole of project management works.
2. The investors are responsible for supervising project management consulting work and are
authorized to perform project management tasks according to the project management contract.
Article 66. Management contents of construction investment projects
1. Management contents of construction investment projects include: management of scope, work
plan; workload; quality of construction; implementation schedule; construction investment costs;
safety in construction; environmental protection during construction; contractor selection and
construction contract; risk management; management of works information system and other
necessary contents which are executed according to the provisions of this Law and other
provisions of related laws.
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2. Investors are responsible to execute or assign the project management unit, project
management consultant, general contractor (if any) to make a part or all of the project
management contents specified in clause 1 of this Article.
Article 67. Manage the implementation progress of construction investment projects
1. Person determining investment decides time, progress of implementation upon project
approval. For works using capital of State budget, the construction progress shall not exceed time
of works construction have been approved by person determining investment.
2. The investors, construction contractors must plan work schedule, construction methods and
management of the project in accordance with the approved construction schedule.
3. Investors are responsible to make advance payment, pay for completing volumes under
implementation progress of construction contracts.
4. Encouraging investors, construction contractors to propose and apply engineering solutions,
technology and rationally organizational management to shorten the construction time.
Section 4. RIGHTS AND OBLIGATIONS OF INVESTORS, CONSTRUCTION
INVESTMENT PROJECTS MANAGEMENT UNIT, CONSULTING CONTRACTORS
AND PERSON DETERMINING INVESTMENT
Article 68. Rights and obligations of investors in elaborating and managing the
implementation of construction investment projects
1. Investors have following rights:
a) Elaborating, managing projects upon having sufficient capacity as prescribed of this Law;
b) Asking related agencies, organizations to provide information, document of project elaboration
, management;
c) Selecting, signing contract with consulting contractor to elaborate, manage projects;
d) Organizing to elaborate, manage projects; deciding to establish, dissolve the construction
investment projects management unit of one project under competence;
dd) Other rights defined by laws.
2. Investors have following obligations:
a) Defining requirements, mission contents of project formulation; provide information and
documents needed in case of hiring project formulation consultants; organize acceptance the
results of project formulation and keeping construction investment projects records;

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b) Selecting consultancy organizations for project formulation who have sufficient capacity in
accordance with this Law;
c) Being responsible for legal basis, accuracy of information, materials provided to the consultant
upon project formulation; submit projects to competent authority for approval in accordance with
law;
d) Selecting organizations, individuals who have qualified capacity, experience to inspect the
project at request of the appraisal agencies, organizations and person determining investment;
dd) Organizing and managing projects as stipulated at Article 66 of this Law;
e) Check, monitor the project implementation; periodic report on the implementation of the
project with the person determining investment, authorized state agencies;
g) Recovering capital, repaying loans for projects that require capital recovery, loans repayment;
h) Other obligations as prescribed by laws.
Article 69. Rights and obligations of construction investment projects management unit
1. Construction investment projects management unit has following rights:
a) Executing project management under authorization of the investors;
b) Proposing solutions, plans to organize project management, petition investors to solve
problems beyond the competence;
c) Hiring consultancy organizations to engage in project management where necessary after the
person determining investment, investors approved.
2. Construction investment projects management unit has following obligations:
a) Performing duties of the investors on the project management within authorized scope;
b) Organizing and managing construction investment projects to ensure progress requirements,
quality, cost, safety and environmental protection in construction;
c) Reporting to investors during project management process;
d) Being responsible for violations of law in the implementation of project management;
dd) Other obligations as stipulated by laws.
Article 70. Rights and obligations of consulting contractors on project formulation,
construction investment projects management
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1. Consulting contractors providing formulation and management of construction investment


projects have following rights:
a) To request investors to supply information, documents related to assigned consultancy tasks;
b) To be protected intellectual property rights for consultancy products under the law;
c) To reject unlawful requests of investors;
d) Other rights as stipulated at the contract and provisions of related laws.
2. Consulting contractors providing formulation and management of construction investment
projects have following obligations:
a) To undertake obligations under contents of the signed contract in accordance with construction
operation capability;
b) To bear responsibility for the quality of works under the signed contract;
c) To make compensations for damage caused by the use of inappropriate information,
documents, standards, technical regulations, technical solutions, organization, management and
breach contract that make damages for the investors;
d) Other obligations as stipulated at the contract and related laws.
Article 71. Rights, obligations of agencies, organizations appraising construction investment
projects
1. Agencies, organizations appraise construction investment projects shall have following rights:
a) To ask investors, concerned organizations and individual to provide information for the
evaluation of the project and explanation in case of necessity;
b) To collect projects evaluation fee as prescribed by law for fees and charges;
c) To ask investors to hire consultancy organizations or invite qualified experienced consultants
in project evaluation as needed;
d) To reserve appraisal comments, refuse to perform request of falsifying results of project
evaluation;
2. Agencies, organizations appraise construction investment projects shall have following
obligations:
a) Appraise contents of construction investment projects as prescribed under provisions of this
Law;
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b) Notify opinion, appraisal results in writing to the agencies, organizations who chair project
evaluation to synthesize and report the person determining investment;
c) Bearing responsible before the law and the person determining investment about opinions,
projects evaluation results.
Article 72. Rights and obligations of the person determining construction investment:
1. The person determining construction investment shall have following rights:
a) Appraise or authorize to appraise projects, design, construction cost estimate and financial
statement of construction investment capital;
b) Not approve projects which do not meet the investment objectives and efficiency;
c) Suspend projects implementation which are approved or executing if necessary in accordance
with the laws;
d) Change, adjust construction investment projects in case of necessity in accordance with Article
61 of this Law;
dd) Other rights under the laws.
2. The person determining construction investment shall have following obligations:
a) Organize project evaluation and determine construction investment;
b) Ensure capital sources to execute construction investment project;
c) Inspect the implementation of construction investment project of the investors; organize to
supervise, appraise construction investment projects as prescribed at Article 8 of this Law;
d) Approve financial statement of completed construction investment capital;
dd) Bearing responsible before the law on his/her decision;
e) Other obligations under provisions of law.
Chapter IV
CONSTRUCTION SURVEY AND CONSTRUCTION DESIGN
Section 1. CONSTRUCTION SURVEY
Article 73. Type of construction survey

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1. Topographic survey.
2. Engineering geological survey.
3. Hydrogeological survey.
4. Survey of actual state of works.
5. Other surveying works in service of construction investment activities decided by person
determining investment.
Article 74. Requirements of construction survey
1. Surveying tasks, construction survey engineering plans must be made in accordance with type,
grade of construction works, type of survey, design step and requirements of construction design
formulation.
2. The engineering plans of construction survey must meet demands of construction survey tasks
and comply with standards, technical regulations on applied construction survey.
3. The construction survey work must comply construction survey engineering plans, ensure
safety, protect environment, meet requirements of the approved construction survey tasks and
being inspected, supervised, accepted under provisions.
4. Results of construction survey must be made as report, ensure honesty, objectiveness, reflect
reality and must be approved.
5. Contractor of construction survey must have capacity conditions in accordance with the type,
grade of construction works, type of survey.
Article 75. Main contents of reports on construction survey results
1. Survey bases, process and survey methods;
2. Survey data; analysis, assessment of survey results.
3. Conclusions on survey results, proposals.
Article 76. Rights and obligations of investors in construction survey
1. The investors shall have following rights:
a) Perform construction survey when fully satisfying capability conditions;
b) Negotiate, sign construction survey contract; supervise, request construction survey contractor
to fulfill the signed contract;
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c) Approve construction survey tasks, engineering plans of construction survey formulated by


design consultant or survey contractor and assign survey tasks to construction survey contractor;
d) Adjust construction survey tasks according to rational request of construction design
consultant;
dd) Suspend the implementation or terminate construction survey contract under provisions of
law;
e) Other rights under provisions of law.
2. The investors shall have following obligations:
a) Select construction survey contractor, supervise construction survey in case not performing
construction survey, construction survey supervision themselves;
b) Provide the construction survey contractor information, documents related to survey works;
c) Determine requirements to construction survey and ensure conditions for the construction
survey contractor to execute;
d) Perform properly the signed contract;
dd) Organize to supervise construction survey; accept, approve survey result under provisions of
law;
e) Make compensations for damages caused by the supply of inappropriate information,
documents, breach of construction survey contract;
g) Other obligations according to contract provisions and related laws.
Article 77. Rights and obligations of construction survey contractors
1. Construction survey contractors shall have following rights:
a) Request the investors and concerned parties to supply related data, information as prescribed at
the contract to execute construction survey;
b) Reject requests beyond construction survey contract;
c) Hire sub-contractors to execute construction survey as prescribed at the construction survey
contract;
d) Other rights under the contract and related laws.
2. Construction survey contractors shall have following obligations:
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a) Perform properly requests of construction survey under provisions of this Law and
construction survey contract;
b) Propose, supplement construction survey tasks upon uncovering elements directly affect
design solutions;
c) Bearing responsibility on construction survey results and survey quality done by themselves;
survey quality management of sub-contractor (if any) and survey quality of sub-contractor. The
sub-contractor must bear responsibility on survey result before main contractor and the law;
d) Make compensation for damages caused by improper performance of the surveying tasks,
improper use of information, documents, standards, technical regulations on construction survey
and breach construction survey contract;
dd) Other obligations under the contract and related laws.
Section 2. CONSTRUCTION DESIGN
Article 78. General provisions on construction design
1. Construction design includes preliminary design in Pre Feasibility Study report, basic design in
Feasibility Study report on construction investment, technical design, construction drawing
design during project execution phase and other design steps (if any) according to international
rules.
2. Construction design is made according to one or multiple steps depending on size, nature, type
and grade of construction works. The person determining investment decides number of design
step when approving construction investment projects.
3. Work construction design is made according to order of one step or multiple steps as
following:
a) One-step design is construction drawing design;
b) Two-step design consists of basis design and construction drawing design;
c) Three-step design consists of basic design, technical design and construction drawing design;
d) Design following other steps (if any).
4. Profile of construction design after basic design includes design description, design drawings
concern survey documents, work construction cost estimates and technical instructions (if any).
5. Government details steps of construction design, appraisal, approval of construction design.
Article 79. Requirements on construction design
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1. Meeting requirements of design tasks; in consistent with the approved construction investment
projects, construction plannings, landscape architecture, natural, cultural - social conditions at the
construction zone.
2. Contents of work construction design must meet requirements of each design step.
3. Comply with applicable standards, technical regulations, provisions of the law on the use of
building materials, meet the requirements of utility, applied technology (if any); ensure safety in
heavy resistant, safety in use, aesthetics, environmental protection, climate change adaptation,
prevention of fire, explosion and other safety conditions.
4. Having appropriate design solution and reasonable construction cost; ensure consistency in
each project and related works; ensure conditions of comfort, hygiene, health for user; create
conditions for disable people, the elderly, children to use works. Exploiting the advantages and
restrict disadvantages impact of natural conditions; priority in using in-site materials, friendly
materials with environment.
5. Construction design must be appraised, approved under provisions of this Law, except cases
stipulated at clause 7 this Article.
6. Construction design contractor must have sufficient capability in accordance with type, grade
of works and activities performed by themselves.
7. Construction design of separate dwelling houses is defined as following:
a) Construction design of separate dwelling houses must meet design requirements as stipulated
at clause 3 this Article;
b) Households may organize the design of separate dwelling houses with a total construction
floor area which is smaller than 250m2 or less than 3 stories or less than 12 meters in height, in
accordance with the approved construction plannings and take responsibility before the law on
design quality, the impact of construction works on environment and safety of adjacent buildings.
Article 80. Main contents of construction design executing after basic design
1. Architectural plans.
2. Technological plans (if any).
3. Utility.
4. The duration of use and operating procedures, works maintenance.
5. Structure plans, main materials.
6. Technical indication.
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7. Fire and explosion prevention and fighting plans.


8. Plans on economical, effective energy use.
9. Solution of environmental protection, climate change adaptation.
10. Construction cost estimates compatible with construction design step.
Article 81. Contest, selection of construction work architecture designs
1. Public works with large scale and specific requirements to architecture must hold contest or
selection of construction work architecture designs prior to elaborating the feasibility study report
on construction investment. The person determining investment decides the contest or selection
of construction work architecture designs.
2. Expenses for contest, selection of construction work architecture designs shall be calculated
into total investment capital of the projects.
3. The authors of construction work architecture designs shall have their copyright protected, and
be given priority to perform construction investment projects and construction design if they fully
satisfy conditions on capability.
4. Government details on contest, selection of construction work architecture designs.
Article 82. Competence of appraisal, approval on technical design, construction drawing
design and construction cost estimates
1. For construction works using state budget capital shall be defined as follows:
a) The professionally decentralized bodies on construction chair the appraisal of technical design,
construction cost estimates in case of three-step design; construction drawing design,
construction cost estimates in case of two-step design;
b) The person determining investment approves technical design, construction cost estimates in
case of three-step design; approves construction drawing design, construction cost estimates in
case of two-step design. Investors approve construction drawing design in case of three-step
design;
2. For construction works using state capital off-budget shall be defined as follows:
a) The professionally decentralized bodies on construction chair the appraisal of technical design,
construction cost estimates in case of three-step design; construction drawing design,
construction cost estimates in case of two-step design. Technological design and other contents
(if any) are appraised by professional bodies directly under the person determining investment;

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b) The person determining investment approves technical design, construction cost estimates in
case of three-step design, investors approve construction drawing design. In case of two-step
design, investors approve construction drawing design, construction cost estimates.
3. For construction works using other funds shall be defined as follows:
a) The professionally decentralized bodies on construction chair the appraisal of technical design
in case of three-step design, construction drawing design in case of two-step design to
construction works at special grade, grade I, public works, construction works that greatly impact
to landscape, environment and safety of community. Technological design (if any), construction
cost estimates are appraised by professional bodies directly under the person determining
investment;
b) The professional bodies directly under the person determining investment appraise technical
design, construction drawing design and construction cost estimates to remain construction
works;
c) The person determining investment, investors approve design, construction cost estimates.
4. The professional bodies on construction, the person determining investment shall invite
organizations, individuals with expertise and experience to participate in evaluating construction
design or request investors to select organizations, individuals with qualified capability operation
and practice registered on electronic website of construction activities capability for design
verification, construction cost estimates as a basis for the evaluation and design approval,
construction cost estimates. The cost of verification, design evaluation cost, construction cost
estimates are included in total investment of the projects.
5. State competent bodies under the provisions of the law are responsible for environmental
assessment, prevention and combat of fire, explosion and other contents as prescribed by law
when evaluating construction design.
6. Agencies, organizations, individuals who examine, evaluate and approve design, construction
cost estimates shall be responsible before the law for results of examination, evaluation and
approval of the design, construction cost estimates done by themselves.
Article 83. Appraisal contents of construction design executed after basic design and
construction cost estimates
1. The suitability of prior construction design step with the previous construction design step:
a) Technical design in comparison to basic design;
b) Construction drawing design in comparison to technical design in case of three-step design, to
basic design in case of two-step design or to design tasks in case one-step design.
2. The rationality of works construction design solutions.
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3. Compliance with applicable standards, technical regulations, provisions of law for the use of
building materials for works.
4. Evaluating appropriateness of the works design solutions with works utility, level of works
safety and ensuring safety of neighboring buildings.
5. The rationality of selecting lines and technological equipment for building design with
technological requirements.
6. Compliance with environmental regulations, prevention and combat of fire, explosion.
7. The compatibility between principal volume of estimates with design volume; the correctness
and rationality of the application, making use of norms, works construction unit price; value
determination of works estimate.
8. Capability conditions of organizations, individuals to carry out survey, construction design.
Article 84. Adjustment of construction design
1. The approved construction design shall only be adjusted in following cases:
a) When adjusting construction investment projects with requirements of construction design
adjustment;
b) Requirements on construction design adjustment during construction process to ensure
construction quality and efficiency of project.
2. When adjusting construction design as defined in paragraph 1 of this Article with changes in
geology, design load, structural solution, material of supporting construction, organizational
construction methods affect safety of the works, the adjustment of construction design must be
evaluated and approved in accordance with Article 82 of this Law.
Article 85. Rights and obligations of investors in construction design
1. The investors shall have following rights:
a) Self-performed construction design upon sufficient qualified operational capacity and
capability to practice in appropriateness to the type and grade of construction works;
b) Negotiate, sign contract of construction design; supervise and request the design contractor to
execute properly the signed contract;
c) Request the design contractor to amend, supplement design or select other design contractor to
amend, supplement, change design in case the initial design contractor refuses to do;
d) Suspend or terminate contract of construction design under provisions of the contract and
relevant provisions of law;
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dd) Other rights under contract and relevant provisions of law.


2. The investors shall have following obligations:
a) Select contractors for construction design in the absence of self-performance on construction
design;
b) Identify construction design tasks;
c) Supple sufficient information, documents to contractor of construction design;
d) Perform properly the signed construction design contract;
dd) Submit the appraisal, approval of the design, construction cost estimates and submit the fees
of design evaluation , construction cost estimates;
e) Keep record of construction design;
g) Compensate for damages upon breaching construction design contract;
h) Other obligations under provisions of construction design contract and provisions of relevant
laws.
Article 86. Rights and obligations of contractors of works construction design
1. The contractors of construction design shall have following rights:
a) Request investors and related parties to provide information, documents served for
construction design;
b) Refuse to execute requests beyond the construction design tasks and construction design
contract;
c) Copyrights to construction design;
d) Hire sub-contractor to execute construction design under provisions of construction design
contract;
dd) Other rights under construction design contract and provisions of relevant laws.
2. The contractors of construction design shall have following obligations:
a) Only receiving construction design contract in accordance with the conditions of operational
capacity and capability of construction design practice;

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b) Comply the applied standards, technical regulations for works; elaborate construction design
dossier to meet requirements of design tasks, design steps, provisions of construction design
contract and provisions of relevant laws;
c) Bear responsibility for the quality of undertaken design products including contents specified
in Article 79 and Article 80 of this Law; bear responsibility for design quality of subcontractors
(if any). Subcontractor participating in construction design must take responsibility for the design
result before the main contractors and law;
d) Supervise author of construction design during construction process;
dd) Not to specify manufacturers providing materials, supplies and construction equipment in
construction design content of works using state capital;
e) Compensate for damages caused by the survey tasks, use of information, document, standards,
building regulations, technical solutions, technology which are inappropriate to affect work
quality and breach of construction design contract.
g) Other obligations under provisions of construction design contract and provisions of relevant
laws.
Article 87. Rights, obligations of agencies, organizations appraise design, construction cost
estimates
1. Agencies, organizations appraise design, construction cost estimates shall have following
rights:
a) Ask investors, related organizations, individuals to provide information for the evaluation of
the design, construction cost estimates and explanations in necessary case;
b) Collect fees of design evaluation, construction cost estimates in accordance with the law on
charges and fees;
c) Invite experts to participate in evaluating or request investor to select consulting organization
with experienced capability to verify design, construction cost estimates as a basis for evaluation
as needed;
d) Maintain appraisal note, refuse requests to falsify results of design evaluation, construction
cost estimates.
2. Agencies, organizations appraise design, construction cost estimates shall have following
obligations:
a) Evaluate design contents, construction cost estimates under provisions of this Law;
b) Notify opinion, evaluation results in writing to agencies, organizations who chairs the
appraisal to aggregate and report to the person determining investment;
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c) Bear responsibility before the law and person determining investment about opinion, design
appraisal results, construction cost estimates.
Article 88. Keep construction works record
1. Investors are responsible for keeping completed construction works record. Contractors
involved in construction activities are responsible for keeping their work record.
2. Records of construction management and utilization are kept by the person who manages, uses
works in minimum time equal to works utilizations time limit prescribed by law.
3. The preparation, keeping construction works record shall comply with the provisions of law on
archives.
4. Government details on keeping construction work record.
Chapter V
CONSTRUCTION PERMITS
Article 89. Objects and types of construction permits
1. Before starting construction, the investor must have a construction permit issued by the
competent state authorities under provisions of this Act, except cases as provided for in clause 2
of this Article.
2. Works are exempt from construction permits including:
a) Works involving the State secrets, works constructed under emergency orders and works
located in the area of two administrative units from provincial level or higher;
b) Works involving construction investment projects decided by the Prime Minister, Minister,
Head of ministerial agencies, President of Peoples Committee at provincial level.
c) Makeshift works in service of the construction of principal works;
d) Works constructed along the routes beyond urban areas but in line with construction plannings
already approved by competent State agencies or approved by competent State agencies on works
alignment;
dd) Works involving projects of industrial park, export processing zone, high tech park have
detailed plans 1/500 which have been approved by competent state agencies and appraised on
design under provisions of this Law.
e) Dwelling-house involving projects for urban development, housing development with scale
under 7 storeys and a total floor area under 500m2 with detailed planning 1/500 already approved
by competent State agencies;
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g) Works undergoing repair, renovation or installation of equipment inside the works which do
not alter force-bearing structure, change utility, affect environment, works safety;
h) Works undergoing repair, renovation to alter the exterior architecture which is not adjacent to
urban roads that require architecture management;
i) Infrastructure projects in rural areas only require establishment technical - economic report on
construction investment and in the areas having no approved detailed construction plannings for
rural population quarter;
k) Construction works in the rural areas having no approved urban development plannings and
detailed construction planning; separate in rural areas, except dwelling-houses constructed in
conservation areas, historic cultural areas;
l) Investors of construction building who are exempt from construction permits under provisions
of point b, d, dd and i this clause are liable to notify starting date of construction together with the
building design dossiers to the local construction management agency to monitor and record;
3. Construction permits include:
a) New construction permits;
b) Permits for repair, renovation;
c) Permits for works relocation.
4. Works at special grade and grade I are granted construction permits following stages upon
having construction design which has been assessed under provisions of this Act.
5. For construction investment projects including many works, the construction permits are
issued for one, some or all of the works under the projects when the technical infrastructure of the
construction sector have been performed according to construction plannings approved by the
competent State agencies.
Article 90. Main contents of Construction permits
1. Name of project work.
2. Name and address of investors.
3. Location, construction place; work construction route for the work following alignment.
4. Type, grade of construction work.
5. Work construction landmarks.

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6. Red-line demarcation and construction demarcation boundaries;


7. Construction density (if any).
8. Land use factor (if any).
9. For civil works, industrial works, separate dwelling-house, apart from contents specified from
clause 1 to clause 8 this Article, there must be contents on total construction ground area,
construction are of first floor (ground floor), number of storeys (including the basement, attic,
technical storey, top floor), maximum height of the entire work.
10. The time limit for starting a work shall not exceed 12 months from the date of issuance of the
construction permit.
Article 91. Conditions for granting construction permits for works in urban
1. In accordance with the detailed construction planning approved by competent state agencies.
For construction works in areas, urban streets have been stabilized but having no detailed
construction plannings must be in accordance with planning management regulations, urban
architecture or urban design which are issued by competent State agencies.
2. In consistent with the purpose of land use following with the approved land use plannings.
3. Ensure the safety of buildings, adjacent buildings and requirements of environmental
protection, prevention, combat of fire and explosion; ensure safe infrastructure, protection
corridor of irrigation works, dyke, energy, transport, heritage parks, historical cultural areas;
ensure safe distance to inflammable, toxic works and important works related to national defense
and security.
4. Works construction design is appraised, approved under provisions of Article 82 this Law.
5. Dossiers of application for construction permit are suitable with each type of license as
stipulated in Articles 95, 96 and 97 of this Law.
Article 92. Conditions of granting construction permits for projects not in line outside
urban
1. In consistent with the location and the project's total ground state approved by competent state
agencies in writing.
2. Meeting requirements as prescribed at clause 3, 4 and 5 Article 91 of this Law.
Article 93. Conditions of granting construction permits for separate dwelling-house
1. General conditions of granting construction permits for separate dwelling-house in urban
include:
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a) In consistent with the purpose of land use following approved land use planning;
b) Ensure safety of buildings, adjacent buildings and requirements of environmental protection,
prevention, combat of fire and explosion; ensure safe infrastructure, protection corridor of
irrigation works, dyke, energy, transport, heritage parks, historical cultural areas; ensure safe
distance to inflammable, toxic works and important works related to national defense and
security;
c) Design of separate dwelling-house is performed under provisions at clause 7 Article 79 of this
Law;
d) Records request for construction permit as prescribed at clause 1 Article 95, Article 96 and
Article 97 of this Law.
2. For separate dwelling-house in urban areas must meet the conditions specified at clause 1 of
this Article and in accordance with the detailed construction plannings; for separate dwellinghouse in the area, the urban streets have stabilized but have no detailed plans must be in
accordance with planning management regulations, urban architecture or urban design issued by
competent state agencies.
3. For separate dwelling-house in rural areas must be in accordance with detailed construction
plannings of rural population quarter. .
Article 94. Conditions of granting construction permits with term
1. General conditions of granting construction permits with term include:
a) Under areas of construction zoning plannings approved and announced by competent state
authorities but not implemented and no land recovery decisions of competent state bodies;
b) Match the project size stipulated by the provincial People's Committee for each area and
duration of building existence in accordance with implementation of the approved construction
zoning planning;
c) Investors commit to dismantle the works upon expiration of the existing time in the
construction permit with term, if not dismantle it will be forced and born all costs of coercive
demolishment.
2. For works being granted construction permit with term meeting conditions specified in clause
1 this Article and to meet the conditions specified in clause 2, 3, 4 and 5 Article 91 of this Law.
3. For separate dwelling-house must meet conditions in clause 1 this Article and meet
requirements in clause 1 Article 93 of this Law.
4. For works, separate dwelling-house being granted construction permits with term, when it
expires but the implementation plan of construction planning has not been implemented, the
agency who issued construction permit shall be responsible for notification to the works owner or
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person assigned works about the adjusted construction planning and implementing extension of
the construction permit with term.
5. For buildings, separate dwelling-house in the areas have construction zoning plannings
approved by competent state authorities and have annual land use plan the district level shall not
issue construction permit with term for new building, but only granting construction permit with
term to repair, renovate.
Article 95. Dossiers of application for new construction permits
1. Dossiers of application for new construction permits on separate dwelling-house include:
a) An application for construction permit;
b) Copies of one of papers proving land use right under the law on land;
c) Construction design drawing;
d) For buildings with adjacent buildings must have a commitment to ensure safety of the adjacent
buildings.
2. Dossiers of application for construction permit on works not in line include:
a) An application for construction permit;
b) Copies of one of papers proving land use right under the law on land;
c) Copies of project approval decision, investment decision;
d) Drawing of construction design;
dd) Declaration of capability, experience of designing organizations and individuals who chair,
preside construction design, together with copies of all practicing certificate of the design
chairperson, presider.
3. Dossiers of application for construction permit on works in line include:
a) Documents as stipulated at items a, c, d and dd clause 2 this Article;
b) Acceptance in writing of competent state authorities about the appropriateness with location
and line plan;
c) Land recovery decision of competent state authorities under provisions of land law.
4. Dossiers of application for construction permit on religious works include:

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a) Documents as prescribed at clause 2 this Article;


b) Written approval of the need to build and work scale of religious state management bodies.
5. Dossiers of application for construction permit on majestic monuments, murals include:
a) Documents as prescribed at clause 2 this Article;
b) Copies of license or written approval of the need to build and work scale of cultural state
management bodies.
6. Dossiers of application for construction permit on advertising works include:
a) Documents as prescribed at clause 2 this Article; in case of land lease or work to perform
advertisement, there must be copy of land lease contract or building lease agreement;
b) Copies of license or written approval of the need to build and work scale of state management
bodies on advertisement.
7. Dossiers of application for construction permit on works of diplomatic agencies and
international organizations under provisions of the Government.
Article 96. Dossiers of application for construction permit on work repair, renovation
1. An application for permit to repair, renovate work.
2. A copy of one of papers proving rights of ownership, management, use of buildings, house in
accordance with the law.
3. Drawings, current state photos of parts, work items, separate dwelling-houses proposed to be
renovated.
4. For historical cultural works and landscapes, sights have been ranked, technical
infrastructure works must have written approval of the need to build and works scale of the
cultural state management bodies.
Article 97. Dossiers of application for construction permit on work relocation cases
1. An application for construction permit of work relocation.
2. A copy of proof of land use right where the work will be relocated and legal documentation of
work ownership under the provisions of law.
3. Drawings of the completed work (if available) or design drawings describes actual status of the
relocated work, including plan, base cross-section and drawing of main supporting construction;

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drawing of general work ground will be relocated; drawings of plan, base cross-section in place
where the work is relocated.
4. Report on survey results assessing the quality of current work status by qualified organizations
and individuals.
5. Relocation project implemented by capable organizations and individuals:
a) Explanation about current state of the work and the work area will be relocated; relocation
solutions, layout plans using vehicles, equipment and manpower; solutions to ensure safety of
buildings, people, machines, equipment and adjacent buildings; ensure environmental hygiene;
relocation schedule; organizations and individuals execute work relocation;
b) Construction method drawings of work relocation.
Article 98. Adjustment of construction permits
1. During construction, the investors must propose to adjust construction permit in case having
design adjustment changing one of following contents:
a) Change the exterior architectural features of the building for urban works in the area requiring
architecture management;
b) Change one of following factors: location, construction area; size, height, number of floors of
the building and other factors affecting the supporting construction;
c) When adjusting design inside the building that changes utility affecting safety, prevention,
combat of fire, explosion, environmental protection.
2. Dossier for application of construction permit adjustment:
a) An application for construction permit adjustment;
b) Original construction permit which was issued;
c) Design drawing related to adjustment in comparison with the design had been granted
construction permit;
d) Report on appraisal results and approval documents on adjusted design (excluding separate
dwelling-house) of the investor which must have contents of ensuring safety of force-bearing,
safety of prevention and combat of fire and explosion, environmental protection.
Article 99. Renewal of construction permit
1. Before the expiration of construction permit, if the work has not commenced, the investor must
request for extension of construction permit. Each construction permit shall be extended up to 02
times. Each extension period is 12 months. When the extension of the construction permit is over
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without starting construction, the investor must file a new dossier for application of construction
permit.
2. Dossiers for renewal of construction permit include:
a) Application for construction permit renewal;
b) Original version of construction permit which had been issued;
3. For works, separate dwelling-houses being issued construction permits with a term have
expired in the permit, but the planning has not been implemented, the works owner or the person
assigned to use works proposes the construction permit licensing agencies to consider an
extension of existence time until the planning is executed. The duration of work existence is
recorded immediately on construction permit had been issued with a term.
Article 100. Reissue of construction permit
1. Construction permits are granted in case of being torn, crushed or lost.
2. Dossiers for reissue of construction permit:
a) Application for reissue of construction permit;
b) Original version of construction permit which had been issued in case of being torn, crushed.
Article 101. Revoke, cancel construction permit
1. Construction permit is revoked in following cases:
a) Construction permit is issued improperly under the law;
b) Investors do not fix the wrong building with construction permit within the term written in
document of handling violations at requests of the competent State agencies.
2. After 10 days from the date of the decision to revoke the construction permit of the competent
state agencies over the case specified in clause 1 of this Article, if the investor fails to submit the
construction permit to the licensing agencies, then the licensing agencies or the competent
authorities decide to cancel the construction permit and inform investors, the People's Committee
at commune level where has construction work. The decision to cancel construction permit is
posted on the electronic website of the Department of Construction.
Article 102. Process for the issuance, reissue, adjustment and renewal of construction
permit
1. Process for the issuance of construction permit, adjustment of construction permit shall be
defined as following:
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a) Investors file 02 sets of demanding issuance of construction permit, adjustment of construction


permit to the competent authority to issue construction permit;
b) The authorized agency for issuance of construction permit shall receive records of
organizations and individuals requesting issuance, adjustment of construction permit; inspect
records; note receipt in case the documents meeting requirements or guide investors to complete
documents for the case records do not meet requirements as prescribed;
c) Within 07 working days from receiving the dossier, the competent authority of issuing
construction permit must hold dossier evaluation, field inspection. When evaluating dossiers, the
competent authority must identify missing documents, incorrect documentation as prescribed or
incorrect to practice in order to notify in writing once to investors for supplement and completing
profile. Where additional documents do not meet requirements of the written notice, within 05
working days, the competent authority shall notify in writing to guide investors continue to
completing profile. Investors have responsibilities to supplement, complete documents according
to written notification. Where the additional records do not satisfy the notice contents, within 03
working days, the competent authority have the responsibility to inform the investors about the
reason for not granting permit;
d) Based on the size, nature and type of work and construction sites within dossier demanding
construction permit, the competent authority issuing construction permit shall be responsible to
compare conditions as stipulated in this Law to send written document for comments of the state
management agencies in areas related to construction works in accordance with law;
dd) During the term of 12 days for work and separate dwelling-house from the date of receiving
dossier, the consulted State management agencies have responsibilities to respond in writing to
the contents of their management functions. After this time limit, if these agencies have no idea
then it is considered as approval and take responsibility for the contents of their management
functions; the licensing agency bases on current regulations to determine the issuance of
construction permit;
e) From the date of receiving valid dossier, the competent authority issuing construction permit
must consider records to grant license within 30 days in case granting construction permits,
including construction permit with a term, construction permit of adjustment, construction permit
of relocation and within 15 days for separate dwelling-house. In case reaching the term of license,
but need further review, the licensing agency must notify in writing reasons for the investors, and
to report to competent authorities for the direct management review and directing the
implementation, but not exceeding 10 days counting from the expired date specified in this
clause.
2. Process for renewal, reissue of construction permit shall be defined as following:
a) The investors submit 02 sets of dossiers demanding renewal, reissue of construction permit to
the competent authorities licensing on construction permit;

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b) During the term of 05 working days counting from the date receiving valid documents, the
competent authority licensing on construction permit has responsibility to review construction
permit renewal or reissue.
3. Result acknowledgement, fee payment of granting construction permit shall be defined as
following:
a) Investors receive construction permit together with design documents submitted for
construction permit stamped by the competent authority for granting construction permit at place
receiving records under the fixed term noted in the receipt;
b) The investors are responsible to pay the fee when filing dossier for granting construction
permit.
4. Where records are not eligible for granting construction permits in the time limit specified in
clause 2 of this Article, the competent authority of licensing construction permit shall notify in
writing and clear reasons for investors. If exceeding the time limit stated in the receipt that the
competent authorities do not respond, the investors are allowed to start construction according to
the assessed and approved design documents in accordance with the provisions in records
demanding for construction permit.
5. Government details on dossier for application of construction permit, adjustment, renewal,
reissue, revoke construction permit on each type of construction permit, each type of work.
6. Minister of Construction details application form of demand, drawing design in record
applying for construction permit.
Article 103. Competence to issue, adjust, extend, reissue and revoke construction permit
1. Ministry of Construction issues construction permits for special works.
2. Provincial People's Committees issue construction permit for construction works of grade I,
grade II; religious works; historic cultural relic works, ranked monuments, murals; works on
routes or main roads in urban areas; works of projects having foreign direct investment capital,
the provincial People's Committee is delegated to the Department of Construction, management
board of economic zones, industrial parks, export processing zones, hi-tech parks to issue
construction permit under the jurisdiction and functions of these agencies.
3. District People's Committees issue construction permit for works, separate dwelling-houses in
urban centers, communal centers, in conservation areas, historic cultural relic areas under
respective localities management, except for construction works specified in clauses 1 and 2 of
this Article.
4. The licensing competent authority means the authority to adjust, extend, reissue and revoke
granted construction permit.

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5. Where a licensing competent authority does not revoke the improperly granted construction
permit, the Provincial People's Committee directly decides to withdraw the construction permit.
Article 104. Responsibilities of the competent agencies granting construction permits
1. To publicly post up and explain, guide the legal regulations on granting construction permits.
2. To follow, return results or inform the investor about records which are not eligible for
granting construction permits.
3. To grant construction permit according to process and time limits in accordance with
provisions in Article 102 of this Law.
4. To chair and cooperate with relevant authorities to check the execution of construction under
construction permit; suspend construction, revoke construction permit under competence when
the investors of works construction seriously violate.
5. Persons competent to grant construction permit shall be held responsibility before law and
make compensations for damage caused by their wrong granting or delayed granting of
construction permit under provisions of the law.
Article 105. Responsibilities of agencies, organizations related to granting construction
permits
1. Execute responsibilities as prescribed under item dd clause 1 Article 102 this Law.
2. Perform necessary measures upon receipt of notification from the competent agencies to
handle violations for works constructed not under planning, constructed without permits or
constructed not in compliance with the granted construction permits.
Article 106. Rights and obligations of construction permit applicants
1. Organizations, individuals propose for granting construction permits shall have following
rights:
a) Request the agencies granting construction permit to explain, guide, and implement strictly the
regulations on construction permit granting;
b) Complain, proceed lawsuit, lodge denunciations against illegal acts in construction permit
granting;
c) Start the construction of works under provisions of this Law.
2. Organizations, individuals propose for granting construction permits shall have following
obligations:
a) Submit complete dossiers and pay fully fee of granting construction permit;
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b) Bear responsibility for the preciseness, truthfulness of construction permit application dossiers;
c) Notify in writing the construction date to the Peoples Committee of commune where works
are to be constructed within seven working days before starting the work construction;
d) Observe strictly contents of the construction permit.
Chapter VI
CONSTRUCTION OF WORKS
Section 1. PREPARATION OF CONSTRUCTION OF WORKS
Article 107. Conditions for starting the work construction
1. The starting of works construction must ensure following conditions:
a) Having construction grounds for hand over in whole or in part according to the construction
progress;
b) Having construction permit for works requiring construction permit as prescribed at Article 89
of this Law;
c) Having the approved construction drawing design of works item, starting works and inspected,
confirmed on the drawing by the investors.
d) Having construction contract signed between investors and selected contractors;
dd) Having adequate capital to ensure the work construction progress;
e) Having measures to ensure the safety and environmental sanitation in the construction course.
2. The starting of separate dwelling-house only needs to meet conditions as prescribed at item b
clause 1 this Article.
Article 108. Preparation for construction ground
1. Land recovery, land deliver, land lease, compensation, construction ground clearance are done
according to the law of land. People's Committees at all levels shall direct and organize the
implementation of compensation, assistance to ground clearance and resettlement for
construction investment projects in accordance with law.
2. The time limit for construction ground clearance must comply with the requirements on the
progress of executing the approved projects or the competent persons decisions.

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3. Hand over in whole or in part of construction ground to construct according to agreement


between investors and construction contractors.
4. Ensure expense for compensation, assistance to ground clearance, resettlement (if any).
Article 109. Requirements on construction site
1. Investors have to install work signboards at construction site, except separate dwelling-house
under 7 floors. Contents of the signboards include:
a) Name, scale of works;
b) Date of commencement, date of completion;
c) Name, address, phone number of investors, construction contractors, construction design
organizations and organizations or individuals who supervise construction;
d) Perspective drawing of the work.
2. The construction contractors have responsibilities to manage all construction sites under the
law, except management by investors. Contents of construction site management include:
a) Around the construction site areas must have fence, checkpoints, visible and easily seen
signboards to ensure separation between the site scope and the outside;
b) The site layout in the construction scope of the works must conform to the approved design
drawings of general ground and specific conditions of construction sites;
c) Supplies, materials, equipment waiting to be installed neatly arranged according to design of
general constructed ground;
d) Within scope of construction site must have signboards indicating scheme of the general work
ground, safety, prevention, combat of fire, explosion and other necessary signboards;
3. Construction contractors must take measures to ensure safety for people and vehicles in, out
the site, gather and process construction waste suitably, not make bad influence to the
environment around the construction site area.
Article 110. Requirements on construction material utilization
1. Safety, efficiency, economization, friendly to environment.
2. Materials, components used in construction works must comply with approved construction
design, technical instructions (if any), ensure quality in accordance with the law on standards and
technical regulations and law on goods quality.

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3. Building materials are used to manufacture, fabricate, process semi-finished products must
conform to the provisions of clauses 1 and 2 of this Article.
4. Prioritize the use of in site materials, domestic materials. For projects using state capital, the
use of imported materials must be specified in the bidding document contents, requested records
in accordance with construction design and technical instructions (if any) by the person
determining investment decides.
Section 2. CONSTRUCTION OF WORKS
Article 111. Requirements on construction of works
1. Comply with the approved construction design, standards, technical regulations applied to the
work, provisions of the law on the use of construction materials; ensuring force bearing safety,
safety in use, aesthetics, environmental protection, prevention, combat of fire, explosion and
other safety conditions as prescribed by law
2. Ensure safety for construction works, people, construction equipment, underground and
adjacent buildings; necessary measures to limit damage to life and property upon happening
unsafe incident during construction.
3. Implement technical security measures with respect to work items, work having strict
requirements on labor safety, prevention, combat fire and explosion.
4. Use of materials with proper type, specifications, quantities as required by construction design,
ensuring savings during construction.
5. Execute the inspection, monitor and construction acceptance, steps transferring phase of
important construction when necessary, work items acceptance, completed construction works to
put in use.
6. Construction contractors must have eligible conditions in accordance with type, grade of works
and construction jobs.
Article 112. Rights and obligations of investors in the work construction
1. The investors shall have following rights:
a) Carry out the work construction themselves if they have full and appropriate capability for
work construction or select construction contractors;
b) Negotiate, sign construction contract; supervise and request the construction contractors to
implement the signed contract properly;
c) Suspend the performance of, or terminate contracts with construction contractors according to
provisions of law and construction contract;
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d) Stop the work construction, request the contractors to overcome consequences caused by
violations of the regulations on work quality, safety and environmental protection;
dd) Request the concerned organizations and individuals to coordinate in performing jobs in the
course of work construction;
e) Other rights provided by law.
2. The investors shall have following obligations:
a) Select contractors having full and appropriate capability for work construction in accordance
with type, grade of works and work construction jobs;
b) Coordinate, joint with Peoples Committees at all levels for damage compensation,
construction ground clearance to hand over to work construction contractors;
c) Organize the supervision and quality management in work construction in accordance with
project management forms, construction contracts;
d) Examine the measures of construction, ensuring safety, environmental sanitation;
dd) Organize the pre-acceptance test, payment and settlement of works;
e) Hire consultancy organizations having full construction operation capability to test the quality
of works when necessary;
g) Examine, decide on contractors proposals related to designs in the course of work
construction;
h) Keep dossiers of works construction;
i) Bear responsibility for quality, origin of supplies, raw materials, materials, equipments,
construction product which they use for the works;
k) Make compensations for damage caused by contract breaches and other acts of violation
causing due to their faults;
l) Other obligations provided by law.
Article 113. Rights and obligations of work construction contractors
1. The work construction contractors shall have following rights:
a) Reject unlawful requests;

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b) Propose design modifications to make designs more suitable to construction realities, thus
ensuring quality and efficiency;
c) Request the payment for value of completed construction volumes strictly according to the
contracts;
d) Stop work construction upon having unsafe risks for people and work or the employers fail to
strictly perform their commitments in the signed contracts;
dd) Request compensations for damage caused by the employers;
e) Other rights provided by contract and provisions of related laws.
2. The work construction contractors shall have following obligations:
a) Only receive bids for construction, jobs in accordance with conditions of their construction
capability and execute in compliance with the signed contract;
b) Make and submit the investors for approval of construction method design, which specifies
measures to ensure safety of people, machines, equipments and buildings;
c) Carry out the construction strictly according to design, applied standards, technical regulations,
, ensuring quality, progress, safety and environmental protection;
d) Having suitable quality management system and make dossier of work quality management;
dd) Comply requests to construction sites;
e) Bear responsibility for quality, origin of supplies, raw materials, materials, equipments,
construction products which they use for the works;
g) Manage workers in the construction sites, ensure security, order, environment protection;
h) Make construction completion drawings and take part in the pre-acceptance test of works;
i) Provide work warranty;
k) Make compensations for damage caused by breaches of contracts, use of construction
materials of wrong categories, not meet requirements of the approved design, construction
activities which are not up to the standards, cause environmental pollution and other acts of
violation causing due to their faults;
l) Bear responsibility for construction quality according to design, including jobs of subcontractors (if any); the sub-contractors bear responsibility for their job quality before the main
contractors and the law;

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m) Other obligations under the contract and provisions of related laws.


Article 114. Rights and obligations of design contractors in the work construction
1. The design contractors shall have following rights:
a) The rights provided for in Clause 1 Article 86 of this Law;
b) Request the investors, work construction contractors to strictly comply with their designs;
c) Reject requests for unreasonable design changes of the investors;
d) Refuse to make pre-acceptance test of works or work times if they are constructed not
according to the designs;
dd) Other rights as provided under the contract and provisions of related laws.
2. The design contractors shall have following obligations:
a) The obligations provided for in clause 2 Article 86 of this Law;
b) Appoint fully capable persons to exert the design authors supervision according to the
contract, persons who perform this task shall be responsible before the law on their acts of
violations and have to compensate for damage caused due to their faults;
c) Take part in the pre-acceptance test of works according to construction design contract with
the investors;
d) Consider and solve irrationalities in construction design at requests of the investors;
dd) Notify promptly to the investors and propose handling measures when detecting construction
not in accordance with the approved design;
e) Other obligations as provided under the contract and provisions of related laws.
Article 115. Safety in the work construction
1. In the course of work construction, the investors, construction contractors shall have to ensure
safety for works, workers, equipments, construction means in the construction site.
2. Investors have to arrange persons having capacity to monitor, examine the implementation of
regulations on safety of construction contractors; pause or suspend execution upon detecting
incidents of unsafe buildings, violation signs of safety regulations; coordinate with contractors to
handle, overcome the incident or accident at work; promptly notify the competent authority on
the work incident, fatal accident at work.

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3. Construction contractors must propose, implement measures to ensure safety for people,
machines, equipment, property, buildings under construction, underground and adjacent
buildings; machinery, equipment, materials for construction having strict requirements on labor
safety must be tested for safety before being put into use.
Article 116. Environmental protection in the work construction
In the course of work construction, the work construction contractors shall have to:
1. Make and execute measures to protect environment during the construction process including
air environment, water environment, hard waste, noise and other legal requirements on
environmental protection.
2. Pay compensations for damage caused by environmental protection violations that they
commit.
Article 117. Relocation of construction works
1. The relocation of a work from this position to other position must comply with the approved
construction planning, ensure quality, works safety, not affect the neighbouring buildings and
ensure its architecture for works having reservation requirements.
2. When relocating the construction works, investors or works owner must have permit of
relocation of construction works.
3. Contractors that conduct the work relocation shall have to apply measures to ensure the labor
safety, safety for relocated works and adjacent works, environmental protection.
Article 118. Dismantlement of construction works
1. The dismantlement of construction works shall be conducted in the following cases:
a) For clearance of grounds for construction of new works, make-shift works;
b) Works are in danger of collapse, which may affect the community and adjacent works;
c) Works are constructed in the areas banned from construction defined in clause 3 Article 12 of
this Law;
d) Works are constructed not in accordance with the construction plannings, works constructed
without permits as prescribed, or works constructed at variance with the contents prescribed in
the permits;
dd) Construction works encroach public land, land under legitimate use rights of organizations
and individuals; wrong construction with approved design for case of construction permits
exemption;
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e) Separate dwelling-houses have demands to dismantle for new construction.


2. The dismantlement of construction works must satisfy the following requirements:
a) The dismantlement of works shall only be conducted under decisions of competent State
agencies (if any);
b) The dismantlement of works must be conducted according to the already approved
dismantlement plans and solutions, ensuring safety and environmental protection.
3. Responsibilities of parties involved in the dismantlement of construction works are prescribed
as follows:
a) Organizations, individuals who are assigned to organize the work dismantlement shall have to
implement the provisions in clause 2 this Article; shall be held responsible before law and have to
compensate for damage caused due to their faults;
b) Organizations, individuals who currently own or use works subject to the dismantlement shall
have to abide by dismantlement decisions of competent state agencies; those who fail to abide by
shall be subject to forced and bear all expenses for the dismantlement;
c) Persons with competence to decide on the work dismantlement shall be held responsible before
law for consequences of their failure to issue decisions, untimely decisions or illegal decisions.
Article 119. Construction work incidents
1. In the course of construction, operation, exploitation of use of works, if uncovering unsafe
risks, risks for work incidents affecting life safety, neighboring buildings and communities, then
investors, construction contractors, work managers, authorized state agencies shall have the
following responsibilities:
a) Timely request to stop construction, operation, exploitation and use of works and implement
measures to ensure safety for persons and property;
b) Apply necessary measures to limit and prevent further possible dangers to the works; promptly
notify to the related competent organizations, individuals;
c) Protect incident scenes, except for cases where the incidents must be urgently remedied to
limit damage.
2. When detecting, receiving notices on work incidents, the competent state agencies, related
organizations and individuals within their respective tasks, powers shall have following
responsibilities:
a) Promptly apply urgent measures to remedy the incidents;

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b) The competent state agencies organize to identify causes of work incidents, clarify liabilities of
organizations, individuals causing such work incidents.
3. The work has incidents shall only be constructed or continued operation, utilization when
being allowed by the competent state agencies of resolving incidents.
4. Organizations, individuals causing work incidents shall be responsible for damages
compensation and related costs, be handled for administrative violations; individuals shall be
prosecuted for criminal responsibility according to law.
Section 3. SUPERVISION OF CONSTRUCTION, PRE-ACCEPTANCE TEST, HANDOVER OF CONSTRUCTION WORKS
Article 120. Supervision of work construction
1. The construction works must be supervised on quality, quantity, progress, labor safety and
environmental protection during construction process.
The State encourages supervision of separate dwelling-house construction.
2. The supervision of work construction must ensure following requirements:
a) Supervise throughout the construction process from the start of construction, the time taken
until the completion and acceptance of jobs, construction work;
b) Supervise the construction properly with the approved construction design, applicable
standards, technical regulations, regulations on management and use of building materials,
technical specifications and construction contracts;
c) Being truthful, objective, no-self-seeking.
3. The selected contractors of construction must have proposals on monitoring solution and
quality control process, volume, progress, labor safety, environmental protection, inspection and
pre-acceptance test procedures, documents management in the process of monitoring and other
necessary contents.
Article 121. Rights and obligations of investors in the work construction supervision
1. The investors shall have following rights:
a) Conduct the supervision by themselves then they have full capability for construction
supervision and bear responsibility for their supervision;
b) Negotiate, sign contract of work construction supervision; monitor, supervise and request
contractors of supervision to execute properly the signed contract;

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c) Change or request the consultancy organizations to change supervisors in cases where the
supervisors fail to strictly comply with the regulations;
d) Suspend the performance of, or terminate contracts on work construction supervision
according to law provisions;
dd) Other rights under contract and provisions of related laws.
2. The investors shall have following obligations:
a) Select supervision consultants who have full capability in accordance with type, grade of
construction works to sign work construction supervision contract in cases not conducting the
supervision;
b) Notify the concerned parties of the rights and obligations of supervision consultants;
c) Handle promptly suggestions of supervisors;
d) Fully perform the obligations already agreed upon in the construction supervision contracts;
dd) Keep the construction supervision results;
e) Make compensations for damage caused by selection of supervision consultants who fail to
satisfy the conditions on capability for construction supervision, inaccurate pre-acceptance
volume test, construction not in accordance with designs and other acts of violation causing
damage due to their fault;
g) Other obligations under contract and provisions of related laws.
Article 122. Rights and obligations of work construction supervision contractors
1. Work construction supervision contractors shall have following rights:
a) Conduct pre-acceptance test, confirm the jobs, works which have been completed;
b) Request the construction contractors to properly the approved design and the signed contract;
c) Reserve opinions on supervision jobs they undertake;
d) Cease execution in case detecting works with risk of unsafety or incorrect design carried out
by construction contractor and timely notify the investors to handle;
dd) Reject unreasonable requests of the concerned parties;
e) Other rights under contract and provisions of related laws.

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2. Work construction supervision contractors shall have following obligations:


a) Perform the supervision job strictly according to the signed contracts;
b) Not to accept the volumes not up to the prescribed quality; not conformable to the applied
standards, technical regulations and requirements of the work designs;
c) Refuse to conduct the pre-acceptance test of works if they fail to meet the quality
requirements;
d) Propose the investors about the construction designing irrationalities;
dd) Supervise the implementation of regulations of safety, environmental protection;
e) Make compensations for damage caused by the falsification of supervision results on
construction volumes implemented not in accordance with the designs, not in compliance with
the applied standards, technical rules, but the supervisors do not report to the investors or the
competent persons for handling and other violated acts committed due to their faults;
g) Other obligations under the contract and provisions of related law.
Article 123. Pre-acceptance test of construction works
1. The pre-acceptance test of construction works includes:
a) Pre-acceptance test of construction jobs during construction and pre-acceptance test of the
phases transferring construction step as needed;
b) Pre-acceptance test of work item completion, construction work completion for exploitation,
utilization.
2. Work items, completed construction work shall only be put into operation and used after preacceptance test to meet requirements of construction design, applicable standards, technical
regulations for the work, provisions of building materials utilization management and shall be
made for pre-acceptance test under provisions of this Law.
3. The investors are responsible for organizing construction pre-acceptance test. Organizations
and individuals involved in the pre-acceptance test are responsible for their certified products by
the pre-acceptance test of construction works.
4. The national important projects, large-scale projects, complex technique, projects that greatly
affect community safety and the environment, projects using state capital must be checked for
pre-acceptance test during construction process and completion of construction works.
Responsibilities for organizing the inspection of pre-acceptance test are defined as follows:

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a) The State Council of Pre-Acceptance test of construction works shall organize the inspection
of investors pre-acceptance test to national important projects, large-scale projects, complex
technique;
b) The specialized construction agency shall organize the inspection of investors pre-acceptance
test to works not specified at item a of this clause.
5. Government details on quality management, pre-acceptance test and handling of construction
work incidents.
Article 124. Hand-over of construction works
1. The hand-over of construction works must comply with the following regulations:
a) Pre-acceptance test of construction work has been done in accordance with provisions of law
on construction;
b) Ensure safety in operation, exploitation when the works are put into use.
2. Investors shall receive works in accordance with the signed contract with the contractor.
Persons involved in handing over the works must bear responsibility for their certified products
during the hand-over of construction works. In case the investors are not simultaneous the person
managing the works, then the investors have responsibility to hand over construction works to the
owner of works management after organizing pre-acceptance test of the construction works. The
hand-over of construction works must be recorded in writing.
3. When handing over of construction works, construction contractors must deliver to the
investors documents including completion drawings, operating guidance process, works
maintenance process, list of equipment, accessories parts, reserved and replaced supplies and
other related necessary document .
4. If the construction works have been not handed over to the utilization manager, then the
investors are responsible for interim management and operation of construction works.
Section 4. WARRANTY, MAINTENANCE OF CONSTRUCTION WORKS
Article 125. Warranty for construction works
1. The work construction contractors shall have to provide warranty for works done by
themselves. The work equipment supply and technological equipment contractors shall have to
provide warranty for equipments supplied by themselves.
2. Contents of warranty for works include: overcome, repair, and replacement of damaged or
faulty equipment caused due to the contractors faults.

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3. The duration of work warranty, work equipment, technological equipment shall be determined
according to types, grade of construction works and regulations of the manufactures or equipment
supply contract.
4. Government details on warranty for construction works.
Article 126. Maintenance of construction works
1. Requirements of construction works maintenance shall be regulated as following:
a) Works, construction work item when being put in utilization, exploitation must be maintained;
b) Maintenance procedures must be made and approved by the investors prior to putting work
items, construction works into utilization, exploitation; must be consistent with the purpose, type
and grade of construction works, work items, equipments which are built and installed in the
works;
c) The maintenance of works must ensure safety to works, people and property.
2. Owners or use-managers of works shall have to regularly maintain works, machines and work
equipment.
3. The maintenance of construction works, work equipments must be executed according to
maintenance plan and approved maintenance process.
4. Government details on maintenance of construction works and responsibility to announce the
expired construction works.
Article 127. Stop exploitation, use of construction works
1. The investors, use-managers of works or competent state agencies decide to stop the utilization
of the expired construction works which may cause insecurity, works incidents affecting user
safety, safety of adjacent buildings, environment and community.
2. When deciding to stop exploitation, utilization of works of common use, investors, usemanagers or competent state agencies must provide written notice about their decision to the
organizations, individuals, households who are using the works.
3. The exploitation, utilization of construction works shall only be continued when the incidents
are overcome or removed risk of insecurity. In case of the using term expires, if having
requirements of continuing utilization then the owner or use-managers must make use of quality
control, reinforcement, renovation, repair damage (if any) to ensure safety and utility of the
works.
Section 5. CONSTRUCTION OF SPECIAL-TYPE WORKS
Article 128. Special-type construction works
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1. Special-type construction works include:


a) State-secret works;
b) Works constructed under urgent orders;
c) Make-shift works.
2. Government details this Article.
Article 129. Construction of State-secret works
1. State-secret works shall be constructed with requirements to protect the secrets in construction
activities, in the defense, security, economic, scientific and technological and other domains.
2. Agencies, organizations, individuals who are assigned to mange and construct State-secret
works shall have the right to decide on and be responsible for constructing and organizing the
construction of works from the stages of project formulation, survey, designing, construction and
construction supervision of works to the stage of pre-acceptance test and putting of works into
use.
3. Government decides on the construction of State-secret works.
Article 130. Construction of works under urgent orders
1. Works constructed under urgent orders shall be constructed to promptly meet the requirements
of the natural calamity and enemy sabotage prevention and combat, and other urgent
requirements.
2. Agencies, organizations, individuals who are assigned to manage the construction or works
under urgent orders may decide by themselves the order of survey, design, construction, suitable
to the requirements of emergency circumstance; shall be responsible for organizing the
construction of works, ensure to meet timely requirements, progress in order to minimize the
possible human and material losses.
Article 131. Construction of make-shift works
1. The make-shift works mean works being constructed in service of the construction of main
works.
2. The investors, construction contractors shall organize appraisal, design approval, construction
cost estimate by themselves and constructed the make-shift works according to approved design
and construction cost estimate.
3. The make-shift works must be removed when the main works are putting in use, exploitation,
except the make-shift works are consistent with approved construction plannings.
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Chapter VII
CONSTRUCTION INVESTMENT EXPENSES AND CONSTRUCTION CONTRACTS
Section 1. MANAGEMENT OF CONSTRUCTION INVESTMENT EXPENSES
Article 132. Principles for management of construction investment expenses
1. The management of construction investment expenses must ensure investment target, project
effectiveness, in accordance with construction investment procedures, used capital resources. The
construction investment expenses must be must be calculated accurately and fully on each
project, work, bidding construction package in accordance with design requirements, building
conditions and present market prices.
2. The State manages construction investment expenses through promulgating, guiding,
inspecting the implementation of laws; guide methods on establishment and management of the
construction investment expenses, bill of quantity, construction equipment and machine shift
price, construction cost estimates adjustment, price index of construction, cost control in
construction investment; management and guidelines of certification for construction costs
assessment; publishing criteria, construction norms, construction price index.
3. The investors are responsible for managing the construction investment expenses from the
project preparation phase until the end of construction and putting into operation, exploitation
and use within total investment of the approved project. Investors hire expenses consultancy
management organizations and individuals with full capability to formulate, verify and control
the construction investment expenses.
4. The inspection, examination, audit of construction investment expenses must be made on the
basis of conditions and method of determining construction investment expenses which are
approved by the person determining investment and investors, in accordance with regulations and
guidelines for setting up and managing construction investment expenses and construction
investment sequence.
5. The construction investment expenses of projects using state capital must be determined under
provisions of establishment and management of construction investment expenses.
Article 133. Contents for management of construction investment expenses
1. Contents for management of construction investment expenses include total investment,
construction cost estimates, bidding construction package price, price of construction contracts,
construction norms and prices, project management and construction investment consultancy
cost; payment and settlement of construction contracts, payment and settlement of work
construction investment capital; rights and obligations of the person determining investment,
investors, construction contractors to manage construction investment expenses.
2. Government details management of construction investment expenses.
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Article 134. Total construction investment


1. Total construction investment means the full construction investment expenses of the project
shall be determined in accordance with the basic design and contents of the feasibility study
report on construction investment. In case of establishing Pre-feasibility study report on
construction investment, then the determination of preliminary total investment under preliminary
design is a basis for estimating construction investment expenses.
2. Contents of total construction investment include construction costs, equipment, compensation,
support and resettlement, project management, construction investment consultancy, other
expenses and provision costs for arising volumes and inflation. For projects requiring only
economic - technical report on construction investment, the total construction investment shall
include costs in construction estimates as stipulated in Article 135 of this Law, compensation
cost, support, resettlement and other costs.
3. Total construction investment is determined from building construction volume according to
basic design and other necessary requirements of the project or determined under construction
investment unit cost or from data on the cost of executed similar works.
4. Total construction investment must be evaluated, approved and is basis for project cost
management. For projects using state capital, the approved total construction investment is
maximum cost that the investors are allowed to use to implement the projects.
5. The approved total construction investment of projects using state capital is adjusted only
when adjusting the projects as stipulated in Clause 1, Article 61 of this Law. For projects using
other capital resources, the adjustment of total investment is decided by person determining
investment.
Article 135. Construction cost estimates
1. Construction cost estimates means the necessary cost for works construction, implementation
of bidding package, construction jobs which are determined on the basis of calculating volumes
from engineering design, construction drawing design, requirements work to be performed and
norms, construction price.
2. Contents of construction cost estimates include expenses on construction, equipment, project
management, construction investment consultancy, other expenses and provisions.
3. Construction cost estimates using state capital approved under provisions of Clause 1 and
Clause 2 Article 82 of this Law is the basis for determination of bidding package price and
negotiation, signing construction contract.
4. The approved construction cost estimates of the projects using state capital shall only be
adjusted in the following cases:
a) Adjust total construction investment as stipulated in Clause 1 Article 61 of this Law;
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b) Allowed to change or supplement design but does not contravene the base design or the
structure of expenses in the construction cost estimate is allowed to be changed without resulting
in an excess of the approved total construction investment;
c) The adjustment of construction cost estimates must be evaluated, approved under provisions of
law on construction.
5. The adjustment of construction cost estimates of projects using other capital resources shall be
decided by person determining investment, investors.
Article 136. Construction norms, work construction prices and construction price indexes
1. The construction norms system consist economic technical norms and expense norms. Work
construction prices include detailed construction unit price and total construction prices for
group, type of construction jobs, structural unit, part of works or works.
2. Work construction unit prices shall be formulated on the basis of market prices or construction
norms and materials price, labor, construction machines, other necessary costs in accordance with
market price level in the construction place.
3. The norms system and construction cost as prescribed at clause 1 of this Article published by
the authorized state agencies shall be basis for investors to use, refer to the identification and
management of construction investment expenses.
4. Construction price indexes are indicators of fluctuation of work construction prices in a given
period and serve as a basis for the determination and adjustment of total investment and
construction cost estimates of works, construction contract prices and the management of work
construction investment expenses.
The Ministry of Construction shall announce national construction price indexes. Peoples
Committee at provincial level shall announce local construction price indexes.
Article 137. Payment, settlement of construction investment projects
1. The payment and settlement of construction investment projects shall comply with the
provisions of law on investment capital management. The investors or the legal representatives of
the investors are responsible before law for the accuracy and legality of unit prices, quantity and
value of the payment request in payment records.
2. Construction works after completing of pre-acceptance test and handing-over in use must be
finalized the settlement of construction investment project. For projects using state capital, the
person determining investment shall approve the settlement of investment project in the approved
total investment limit. The time limit for settlement of construction investment project is in
accordance with provisions of the Government.
3. Payment, settlement of construction contracts shall be executed under provisions at Article 144
and Article 147 of this Law.
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Section 2. CONSTRUCTION CONTRACTS


Article 138. General provisions on construction contracts
1. Construction contracts mean a civil contract established in the form of a written agreement
between a principal and a contractor for the performance of one or all of jobs in construction
investment activities.
2. Principles of signing construction contracts:
a) Free will, equality, cooperation, lawfulness and in accordance with social ethics.;
b) Ensure to have enough capital for payment according to the contract agreement;
c) Complete the selection of contractors and end contract negotiation process;
d) In case the contractor is a partnership of contractors, partners shall reach a partnership
agreement. Members in the partnership must sign, stamp (if any) in the construction contracts,
unless the parties agree otherwise.
3. Principles of performing construction contracts:
a) Parties to a construction contract shall strictly comply with the contract's provisions on scope
of jobs, requirements on quality, quantity, category, deadline, mode and other agreements;
b) Honesty, cooperation and lawfulness;
c) Parties to a construction contract may not infringe upon state, community interests and
legitimate interests of other organizations, individuals.
4. The language used in the construction contracts is Vietnamese. In case of construction
contracts involving foreign parties, the language used is English and other languages under
agreement.
5. Construction contracts must be signed and implemented in accordance with provisions of this
Law and provisions of relevant laws.
Article 139. Validity of construction contracts
1. A construction contract is valid when fully meeting the following conditions:
a) The contracting parties have the full civil act capacity, proper competence according to the
law;
b) Ensure principles of signing construction contracts as stipulated at item a clause 2 of Article
138 of this Law;
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c) The contractor has adequate operation and practice capability as required by law;
2. The date when a construction contract becomes valid is the date of its signing or another date
agreed upon by the parties in the contract.
Article 140. Types of construction contract
1. Construction contracts are classified according to the nature, content of work performed and
the applicable contract price.
2. According to the nature, content of work performed, construction contracts include:
a) Construction consultancy contract;
b) Work construction contract;
c) Equipment provision contract for installation in construction works;
d) Contracts of Engineering procument of supplies, equipment construction, turnkey
contracts;
dd) Other construction contracts.
3. According to the applicable contract price, construction contracts include:
a) Lump-sum contract;
b) Fixed unit-price contract;
c) Adjustable unit-price contract;
d) Time-based contract;
dd) Cost plus charge contract;
e) Combined price contract;
g) Other construction contracts;
h) Construction contracts using state capital only applies to contracts specified at items a, b, c and
d of this clause or a combination of these contract types;
Article 141. Contents of construction contract
1. Construction contracts include the following contents:

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a) Applicable legal basis;


b) Applicable language;
c) Jobs and work volumes;
d) Quality, technical requirements of work; pre-acceptance test and hand-over;
dd) Time and progress executing contracts;
e) Contract price, advance, currency used in payment and payment of construction contract;
g) Ensure performance of the contract, contract advance guarantee;
h) Adjustment of construction contracts;
i) Rights and obligations of parties involved in construction contracts;
k) Responsibility of contract breach, rewards and penalties for breach of contract;
l) Temporary suspension and termination of construction contracts;
m) Handle disputes in construction contracts;
n) Risk and force majeure;
o) Settlement and liquidation of construction contracts;
p) Other contents.
2. For general construction contract besides contents specified in clause 1 of this Article shall be
added to the content and management responsibilities of the general contractor.
3. Government details on construction contracts.
Article 142. Construction contract dossiers
1. Construction contract dossiers comprise contracts bearing content as prescribed in Article 141
of this Law and the accompanying documents.
2. Documents accompanying a construction contract may include some or all of the following
documents:
a) Notice of contract winning or contractor appointment document;
b) Particular conditions of the contract or terms of reference to construction consultancy contract;
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c) General conditions of the contract;


d) Bidding dossier or dossier of requirements of the principal;
dd) Design drawings and technical instructions;
e) Bid dossier or dossier of proposal of the contractor;
g) Contract negotiation minutes, and written amendments and supplements thereto;
h) Contract annexes;
i) Other relevant documents.
3. Priority order for the application of documents accompanying the construction contract shall
be made by agreement. It shall apply the order specified in clause 2 of this Article in case the
parties involved have no agreement.
Article 143. Adjustment of construction contracts
1. Adjustment of construction contracts includes adjustment of volume, progress, contract unit
price and other contents agreed by the parties in the contract. Adjustment of construction
contracts shall only be applied during contract performance period.
2. Cases to adjust construction contracts:
a) Agreed by the parties involved in the contract in accordance with provisions of this Law and
other relevant laws;
b) When the State changes policy that directly affects contract performance, unless the
contracting parties agree otherwise;
c) When the adjusted project affects contract, unless the contracting parties agree otherwise;
d) Force majeure under the laws.
3. In addition to the provisions referred in clause 1 and clause 2 of this Article, the price
adjustment of construction contracts of projects using State capital must comply with the
following regulations:
a) The adjustment of unit-price performing contract shall only apply to adjustable unit-price
contract and time-based contract;
b) Contract unit price are adjusted according to the content, scope, method and contract
adjustment basis agreed by the parties in the contract in accordance with provisions of law;

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c) When the adjustment of contract changes investment objectives, contract performance period,
exceeding estimate of the approved construction bid package shall be allowed by the person
determining investment.
Article 144. Payment for construction contracts
1. Payment for a construction contract must accord with the type of the contract, contract price
and contractual terms.
2. The contracting parties agree on the method of payment, time of payment, payment records
and payment conditions.
3. The principal shall pay fully the value of each payment installment to the contractor after
deducting the advance and work warranty amount as agreed upon in the contract, unless
otherwise agreed by the parties.
4. For lump-sum contracts: Payment shall be made in a percentage of the contract price or prices
of works, work items or job volumes corresponding to payment periods agreed upon by the
parties in the contract.
5. For fixed unit-price and adjustable unit-price contracts: Payment shall be made on the basis of
actually completed volumes which have been tested for takeover and unit prices in the contract or
unit prices adjusted as agreed upon in the contract.
6. For time-based contracts, expenses payment for experts shall be determined on the basis of
salaries of experts and related expenses to operation of consultancy experts multiplied by the
verified actual working period (calculated in month, week, day or hour).
7. For contracts under cost, fee plus payment shall be made on the basis of direct costs of work
performed by contract and cost management, profit of contractor under the agreement.
8. The payment for incurred volume of having no unit-price in construction contracts shall be
made in compliance with contractual agreements.
9. The currency used in construction contract payment is Vietnam Dong; the contracting parties
use foreign currency for payment by agreement but not contrary to provisions of law on foreign
exchange management.
Article 145. Temporary suspension and termination of construction contracts
1. The contracting parties shall temporarily suspend construction contract performance in
following cases:
a) The principal has the right to temporarily suspend construction contract performance if the
contractor does not meet requirements of quality, labor safety and progress under signed
contracts;
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b) The contractor has the right to temporarily suspend construction contract performance when
the principal violates agreements of payment;
2. The principal shall terminate the contract performance in following cases:
a) The contractor is bankrupt or dissolved;
b) The contractor refuses or repeatedly fails to perform the work under the contract which
violates progress made under contractual agreements;
3. The contractor shall terminate the contract performance in following cases:
a) The principal is bankrupt or dissolved;
b) Due to fault of the principal leading to stop work constantly that exceeding time limit agreed
by the parties, unless the parties agree otherwise;
c) The principal do not pay to the contractor that exceeding the time limit agreed by the parties
from the date of valid documents receipt for payment by the principal, unless the parties agree
otherwise.
4. Before one party temporarily suspends, terminates construction contract performance as
prescribed in clauses 1, 2 and 3 of this Article, it shall notify such in writing to the other party,
clearly stating the reason for suspension, termination of contract; in case without any notice that
caused damage to the other party it must make compensation.
Article 146. Bonuses, fines for construction contract breaches, compensation for damages
due to breach and settlement of disputes over construction contracts
1. Bonuses and fines for construction contract breaches must be agreed by parties and specifically
indicated in the contract.
2. For construction works using state capital, the fine level shall not exceed 12% of the breached
contract value. In addition to the fine under agreement, the breach party of contract must
compensate for damages to the other party, third party (if any) under provisions of this Law and
other relevant laws.
3. The contractor shall pay compensation to the principal in the following cases:
a) The quality of jobs is not up to that agreed upon in the contract or the performance of jobs is
prolonged due to the contractor's fault;
b) Damage is caused to humans and assets during the warranty period due to the contractor's
fault.
4. The principal shall pay compensation to the contractor in the following cases:
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a) Jobs of the contract are left uncompleted, delayed, risks occur or unusable machines,
equipment, materials and construction components are transferred to the contractor due to the
principal's fault;
b) The principal provides documents and conditions necessary for jobs not in accordance with
agreements in the contract, causing work re-construction, suspension or adjustment of jobs by the
contractor;
c) The construction contract requires the principal to provide raw materials, materials and
equipment or contains other requirements which the principal fails to satisfy on schedule or
improperly satisfies;
d) The principal that delays payment under contract agreement.
5. In case any party fails to fulfill its contractual obligations or improperly fulfills its contractual
obligations, it shall, after fulfilling its obligations or applying remedial measures, also pay
compensations for other damage caused lo the other party. The compensation level must be equal
to the extent of the damage.
6. In case any party breaches the contract due to a third party's fault, the breaching party shall
bear the responsibility for contract breach before the other party. Any disputes between the
breaching party and a third party shall be settled under law.
7. In case a contract breach committed by any party infringes upon the body, rights or assets of
the other party, the suffering party may request the other party to bear the responsibility for the
contract breach as agreed upon in the contract and provided by relevant laws.
8. Principles and procedures to settle disputes in construction contracts shall be defined as
follows:
a) Adhering to contract agreements and commitments during contract performance, ensure
equality and cooperation;
b) The contracting parties shall negotiate and settle any disputes by themselves. In case no
agreement is reached by the parties, the settlement of disputes shall be made through conciliation
or arbitration or at court under law.
Article 147. Settlement, liquidation of construction contracts
1. The contractor is responsible for settlement of construction contracts with the principal in
accordance with the type of contract and the applicable contract price form. Content of
construction contracts settlement must be consistent with agreements in the construction
contracts.
2. The time limit for settlement of construction contracts shall be agreed upon by the parties. For
construction contracts using state capital, the time limit for settlement of construction contracts
must not exceed sixty days from the date of pre-acceptance test of all jobs performed under the
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contract, including also additional jobs (if any). For big construction contracts, that time limit
may be extended but must not exceed 120 days.
3. A construction contract shall be liquidated in the following cases:
a) The parties fulfill their obligations under the contract;
b) It is terminated or cancelled under law.
4. The time limit for liquidation of construction contracts shall be agreed upon by the parties. For
construction contracts using state capital, the time limit for liquidation of contracts is 45 days
from the date of completing obligations under contract or the contract is terminated as prescribed
at clause 2 Article 145 of this Law. For big construction contracts, the liquidation of contract
may be extended but must not exceed 90 days.
Chapter VIII
CONDITIONS OF CONSTRUCTION OPERATION CAPABILITY
Article 148. General provisions on capability conditions of organizations and individuals
involved in construction operation
1. In order to carry out construction activities, individuals must possess diplomas or certificates
relevant to jobs they perform, which are issued by lawful training institutions.
2. Contractors are foreign organizations, individuals involved in construction activities in
Vietnam must comply with provisions of procurement law and being issued operation permit by
state management agencies.
3. Titles, individuals involved in independent construction operation must have practicing
certificates under the law including labor safety; project management director, individuals
directly involved in project management; presiding over construction plannings design;
construction survey manager; manager, presided over the design and verification of construction
design; commander site; construction supervision; construction inspection; construction
valuation. Practicing certificate is classified into class I, class II and class III.
4. Organizations involved in construction activities are classified into class I, class II, class III,
assessed and issued capability certificate by the competent state agency of construction. Ministry
of Construction issues capability certificate class I; Department of Construction issues capability
certificate class II, class III. Organizations involved in construction activities must register
appropriate business lines as prescribed by law.
5. Government provides details about the capability of organizations, individuals involved
construction activities; conditions, competence, order and procedures for licensing operation
contractors who are foreign organizations, individuals; program, content and form of exam
licensing practicing certificates, and capability certificates organizations and conditions
training, professional improving foundation of construction activities.

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Article 149. Practicing certificates of construction activities


1. Practicing certificate is written practicing-capability certification, issued by the competent
authority for individuals specified in clause 3 Article 148 of this Law who have enough
qualification and professional experience in the field of practice.
2. Individuals shall be granted practicing certificate of construction activities must meet the
following conditions:
a) Having qqualified profession in accordance with proposal content of granting practicing
certificate;
b) Having time and work experience in accordance with proposal content of granting practicing
certificate;
c) Passed examination test of professional experience and legal knowledge related to the practice
field;
3. Competence of testing, granting practicing certificate of construction activities shall be defined
as follows:
a) Specialized agencies of the Ministry of Construction have competence to test, issue practicing
certificate of construction activities class I;
b) Department of construction, social - professional organizations have enough qualification
under provisions of the Government shall have competence to test, issue practicing certificate of
construction activities for the remaining classes.
Article 150. Conditions of construction plannings design-formulation organizations
1. Having qualified conditions to formulate consistent construction plannings design.
2. Individuals holding title of manager, chief of construction plannings design must have
practicing certificate and capability to suit each type of construction plannings.
Article 151. Conditions of organizations to formulate, verify construction investment
projects
1. Having qualified capacity in construction activities which is consistent with the formulation,
verification of construction investment projects.
2. Individuals holding manager title of formulation, verification of the project; individuals
involved in the formulation, verification of the project shall have practicing capability in
accordance with each type of construction investment projects. Participants must be qualified of
practicing capability in project formulation in accordance with requirements of the construction
investment projects.
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Article 152. Conditions of the project-management consultancy organizations, Management


Board of construction investment project
1. The project-management consultancy organizations must meet the following conditions:
a) Having qualified capability in construction activities in accordance with project management
work according to scale and type of project;
b) Individuals holding director title of project management, individuals directly involved in
project management must have appropriate expertise, training, work experience and practicing
certificate in accordance with size and type of project.
2. Management Board of construction investment projects must meet the following conditions:
a) Having establishment decision of competent agencies, organizations for the specialized
management Board of construction investment projects, the areal management Board of
construction investment projects or from the investors for management Board established by
themselves.
b) Having qualified capability in construction activities in accordance with project management
work according to scale and type of project;
c) Having oorganizational structure in consistent with project management mission; having
stable headquarter, working office;
d) Individuals holding director title of project management, individuals directly involved in
project management must have appropriate expertise, training, work experience and practicing
certificate in accordance with size and type of project.
Article 153. Conditions of construction survey organizations
1. Having qualified construction survey.
2. Each task of construction survey must have construction survey manager indicated by building
construction survey contractors. Construction survey manager must have enough capacity in
construction survey practice and appropriate practicing certificate. Individuals participating in
each construction survey work must have expertise in consistent with the assigned work.
3. Machine, equipment for construction survey must meet requirements of quality, safety
assurance for survey work and environmental protection.
4. Laboratory serving for construction survey must have enough standards under regulations and
being recognized by the competent state management agencies of construction.
Article 154. Conditions of the designing, construction-designing verification organizations
1. Having qualified design operation capability, construction-designing verification.
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2. Individuals holding title of design manager, chief of design must have construction-designing
capability and practicing certificate in accordance with requirements of type and grade of works.
Article 155. Conditions for organizations of construction-supervision consultancy,
construction inspection
1. Having qualified conditions in accordance with the jobs of construction-supervision
consultancy, construction inspection.
2. Individuals consulting construction-supervision consultancy, construction inspection must
have practicing certificate in accordance with the work performed.
Article 156. Conditions of management consultancy organizations of construction
investment expenses
1. Having qualified conditions in construction investment expenses management activities.
2. Individuals in charge of formulation, verification and management of construction investment
expenses must have practicing certificates in construction valuation.
Article 157. Conditions of construction organizations
1. Having qualified conditions in construction corresponding to the type and grade of
construction works.
2. The site commander has practicing capability of works construction and appropriate practicing
certificate.
3. Having construction equipments to meet safety requirements and work construction quality.
Article 158. Conditions of independent practicing practitioners
Practitioners involved in construction plannings design, construction survey, work construction
design, supervision of construction survey, supervision of work construction, construction
valuation must meet the following conditions:
1. Having registration of fields in accordance with practicing contents;
2. Having practicing certificate and capability in conformable with the work performed.
Article 159. Management and supervision of construction operation capability
1. Organizations involved in construction activities are responsible for registering information on
construction capability with Ministry of Construction, Department of Construction where the
organizations have headquarters.

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2. Practitioners involved in construction activities are responsible for registering information on


construction capability with the Department of Construction of permanent residence.
3. Ministry of Construction, Department of Construction are responsible for guiding the
information registration of construction capability of organizations, practicing capability of
individuals to be posted on electronic information website under their management; inspection,
handling of violations in the observance of operation capability conditions of investors,
organizations, individuals involved in construction activities.
4. Investors are responsible for inspecting, evaluating the declaration of construction operation
capability, construction practicing capability of contractors in accordance with requirements of
the bid package and information on construction operation capability registered under provisions
of this Article.
Chapter IX
MANAGEMENT RESPONSIBILITY ON CONSTRUCTION INVESTMENT
ACTIVITIES OF STATE AGENCIES
Article 160. State management contents of construction investment activities
1. Elaborating and directing the implementation of strategies, project, planning, plans on
development of construction market and construction capability sector.
2. Promulgating and organizing the implementation of legal documents on construction.
3. Elaborating and promulgating standards, technical regulations of construction.
4. Organizing, performing uniform management of construction plannings, project management
activities, project evaluation, construction design; issuance, publication of norms and
construction costs.
5. Guide, inspect and evaluate the implementation of quality management of construction works;
management of construction investment expenses and construction contracts; management
construction operation capability, executing management of public procurement in construction
activities; safety management, labor hygiene, environmental protection during construction.
6. Grant, revoke licenses, certificates of construction investment activities.
7. Examine, inspection, settlement of complaints, denunciations and handle violations in the
construction activities.
8. Organizing to research, application of science, technology, dissemination of knowledge and
law on construction.
9. Training human resources for construction investment activities.
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10. Managing, providing information for construction investment activities.


11. Managing, keeping records of construction works.
12. Entering into international cooperation in construction investment activities.
Article 161. Responsibilities of the Government
1. Performing the uniform State management over construction investment activities throughout
the country; directing construction and implementing strategies, plans; promulgating legal
documents on construction.
2. Directing ministries, branches, localities to perform law on construction; assigning and
decentralizing of state management for ministries, sectors and localities; directing to solve
important and complex problems in the management process of construction investment
activities.
Article 162. Responsibilities of Ministry of Construction
The Ministry of Construction is answerable to the Government for the performance of uniform
State management over construction investment activities and has responsibilities as follows:
1. Chairing on construction, submitting to the Government, the Prime Minister legal documents,
strategies, projects, planning, development plan of construction market and construction
capability sector.
2. Promulgating and organizing the implementation of legal documents under the jurisdiction of
construction; promulgation of national technical regulations on construction and issuance of
guidance documents on technical construction under competence.
3. Organizing, managing of construction plannings, project management activities, project
evaluation, construction design; issuance, publishing norms and construction costs.
4. Direct, guide, inspect and evaluate the implementation of quality management of construction
works; monitoring, inspection, handling petitions on quality and safety of national important
projects, large-scale and complex technical projects in the construction investment process and
utilization; management of the construction investment expenses and construction contracts;
management construction operation capability, executing management of public procurement in
construction activities; organizing and reviewing award of construction works quality.
5. Issue, re-issue, adjust, extend, revoke licenses, certificates of construction investment activities
under competence.
6. Test, inspection, settlement of complaints, denunciations and handle violations in the
construction investment activities.

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7. Organizing to research, application of science, technology, dissemination of knowledge and


law on construction.
8. Organizing to train, foster professional knowledge on construction activities for cadres, civil
servants of construction state management agencies.
9. Guide, examine, evaluate the implementation of safety management, labor hygiene,
environment in construction.
10. Coordinate with related ministries, branches, localities to examine, assess the implementation
of projects.
11. Managing, providing information for construction investment activities.
12. Managing, keeping records of construction works.
13. Entering into international cooperation in construction investment activities.
14. Carrying out other tasks of construction investment activities assigned by the Government.
Article 163. Responsibilities of Ministries, ministerial agencies
1. Ministries of managing specialized construction works within their power shall have the
following responsibilities:
a) Coordinate with Ministry of Construction to perform state management of construction
investment activities and bear responsibility for quality control of specialized construction works
in accordance with provisions of this Law;
b) Research to issue, guide, inspect the implementation of regulations, standards, specialized
economic - technical norms after having consent of the Ministry of Construction; organize to
train, foster professional knowledge on construction investment for cadres, civil servants of
subordinate agencies and units;
c) Monitoring, inspect and review the situation of monitoring implementation of specialized
work construction investment evaluation of buildings under management scope as prescribed by
law;
d) Coordinate and support the ministries, agencies, other related agencies and Peoples
Committees at all levels in the implementation process of construction investment projects in
matters under their management scope.
2. Ministries, ministerial agencies shall have the following responsibilities:
a) Implementing state management within assigned tasks, power; of construction investment;
issuing documents under authority; directing the implementation of construction plannings,
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construction investment plans; organizing for guidance, inspection, monitoring, handling of law
violations in the construction investment activities;
b) Coordinate with Ministry of Construction, agencies, other relevant organizations and People's
Committees at all levels in the implementation process of construction investment activities on
matters within the assigned management scope;
c) Summarizing situation, executing, inspecting, evaluating construction investment activities and
bearing responsibility on management quality of construction works within assigned scope;
d) Perform periodic and annual reports about their management situation on construction
investment activities sending to the Ministry of Construction for summary, monitoring;
dd) Executing other tasks under provisions of law.
Article 164. Responsibilities of Peoples Committees at all levels
1. The provincial Peoples Committees shall have the following responsibilities:
a) Implementing state management of construction investment activities in the area designated by
the Government; issuing documents under authority; directing the implementation of construction
plannings, construction investment plans; organizing for guidance, inspection, monitoring,
handling of law violations in the construction investment activities;
b) Coordinate and support the ministries, other ministerial agencies to organize the
implementation, monitoring, inspection and supervision of construction investment projects in
the area under their management. Bearing responsibility for quality management of construction
works within the assigned management scope;
c) Perform periodic and annual reports about management situation on construction investment
activities of local sending to the Ministry of Construction for summary, monitoring;
d) Organizing to train, foster professional knowledge on construction investment for cadres, civil
servants of subordinate agencies, units;
dd) Executing other tasks under provisions of law.
2. The Peoples Committees at district and commune level shall have the following
responsibilities:
a) Implementing state management of construction investment activities in the area as designated;
Organizing to train, foster professional knowledge on construction investment for cadres, civil
servants of subordinate agencies, units;
b) Co-ordinate, support the superior Peoples committees to organize the implementation,
monitoring, inspection and supervision of construction investment projects in the area under their
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management. Bearing responsibility for quality management of construction works within the
assigned management scope;
c) Perform periodic and annual reports about management situation on construction investment
activities of local sending to the superior Peoples Committees Ministry of Construction for
summary, monitoring;
d) Executing other tasks under provisions of law.
Article 165. The Construction Inspectorate
1. The construction inspectorates under Ministry of Construction, Department of Construction
perform function of administrative inspection and specialized inspection on construction to
organizations, individuals involved in construction investment activities.
2. Ministry of Construction is responsible for directing, organizing the implementation of
specialized inspection on construction investment activities throughout the country. Department
of Construction is responsible for organizing the implementation of specialized inspection on
construction investment activities in local.
3. The specialized inspectorate in construction investment activities includes:
a) Inspect the law observance of agencies, organizations, individuals in construction investment
activities;
b) Detect, prevent and handle according to its competence or propose the competent State
agencies to handle violations of construction law.
4. Government details on construction inspectorate.
Chapter X
IMPLEMENTATION PROVISIONS
Article 166. Transitional provisions
1. For construction investment projects which have been approved before the effective date of
this Law shall be not re-approved, the next activities are not performed shall comply with the
provisions of this Law.
2. Management Board of construction investment projects of one project using state capital
established before the effective date of this Law shall not be converted to forms of organizational
project management as prescribed in Clause 1 and Clause 2 of Article 62 of this Law.
3. Works being built prior to the effective date of this Law which are existing in accordance with
construction plannings but after ground clearance is no longer suitable for the architecture shall
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be allowed to exist in status quo; the renovation, repair and upgrading of works must comply with
provisions of this Law.
4. The Government details Clause 1 this Article.
Article 167. Implementation effect
1. This Law shall take effect as from January 01, 2015.
2. Law on Construction No. 16/2003/QH11 and Article 1 of the Law of amendment, supplement
a number of articles of laws relating to basic construction investment No. 38/2009/QH12 shall be
invalid from the effective date of this Law.
Article 168. Detailed regulations
The Government, competent state agencies details assigned articles, clauses in the Law.
This Law has been adopted by the XIII National Assembly of Socialist Republic of Vietnam at its
seventh session dated June 18, 2014.
NATIONAL ASSEMBLY CHAIRMAN

Nguyen Sinh Hung

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