This Circular amends and supplements certain provisions of Circulars under the State management domain of the Ministry of Construction related to organizational restructuring, implementation of two-level local administration, and decentralization to local administration. The new provisions mainly replace the term 'People's Committee at the district level' with 'People's Committee at the commune level', adjust the responsibilities of State management agencies, and supplement some contents on administrative procedures.
适用范围
Organizations and individuals related to the State management domain implemented by the Ministry of Construction, including People's Committees at the commune level, specialized agencies under the Ministry of Construction, and relevant units.
要点
- Replace the term 'People's Committee at the district level' with 'People's Committee at the commune level' in many provisions.
- Amend and supplement the responsibilities of State management agencies and People's Committees at the commune level in implementing land management policies, apartment buildings, house numbering and signposting, water supply, green urban development, and inland waterway management.
- Supplement provisions on the responsibilities of agencies issuing cross-border transport permits, managing inland waterway routes from the mainland to islands within Vietnam.
- Amend and supplement administrative procedures related to vehicle registration, examination, inspection, issuance of certificates for seafarers and inland waterway vessel operators.
- Repeal some provisions that are no longer appropriate to reality.
🌐 本文件的社会影响
- Positive impact: Reduce the administrative burden on district-level agencies, strengthen the responsibility of People's Committees at the commune level in State management.
- Negative impact: May cause difficulties for some administrative procedures due to changes in terms and content.
- Benefits: Enhance the effectiveness of State management, improve the quality of public services.
- Costs: Time required for training and adjusting procedures to implement effectively.
❓ 常见问题
Who does this Circular apply to?
This Circular applies to organizations and individuals related to the State management domain implemented by the Ministry of Construction.
What has replaced the term 'People's Committee at the district level' in this Circular?
The term 'People's Committee at the district level' has been replaced by the term 'People's Committee at the commune level'.
Does this change affect the issuance of cross-border transport permits?
Yes, this Circular amends the provision regarding the authority to issue Cross-border Transport Permits to be the Department of Construction.
Does this Circular change any procedures related to inland waterway vessel registration?
Yes, this Circular supplements and amends some provisions on re-registering vessels when ownership rights are transferred or technical features of the vessel are changed.
Does this Circular repeal any provisions?
Yes, this Circular repeals some Appendices and terms that are no longer appropriate to reality.
全文
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MINISTRY OF CONSTRUCTION Number: 09/2025/TT-BXD |
SOCIALIST REPUBLIC OF VIET NAM Independence - Freedom - Happiness Hanoi, June 13, 2025 |
CIRCULAR
Amending and supplementing certain provisions of Circulars under the management of the Ministry of Construction related to organizational restructuring, implementation of two-level local administration, and decentralization to local administration
Pursuant toLaw on Enacting Legal Regulatory Documents February 19, 2025;
Pursuant to Resolution No. 190/2025/QH15 dated February 19, 2025 of the National Assembly on handling certain issues related to the restructuring of the state apparatus;
Pursuant to Decree No.33/2025/NĐ-CP February 25, 2025 of the Government stipulating functions, tasks, powers, and organizational structure of the Ministry of Construction;
Decree No. 140/2025/NĐ-CP dated June 12, 2025, of the Government on division of authority of two-level local governments in the Ministry of Construction's state management domain;
Decree No. 144/2025/NĐ-CP dated June 12, 2025, of the Government on decentralization and delegation of authority in the Ministry of Construction's state management domain;
At the proposal of the Director of the Legal Department;
The Minister of Construction promulgates Circular amending and supplementing certain provisions of Circulars under the management of the Ministry of Construction related to organizational restructuring, implementation of two-level local administration, and decentralization to local administration. 1. The contents and levels of expenditure from the state budget to support the implementation of initiatives as stipulated in Chapter II of this Circular are maximum levels. Based on the ability to balance resources, the Ministers of Ministries, Heads of central agencies, Provincial People's Councils, and centrally governed cities shall decide on specific contents and levels of expenditure for initiative activities that ensure appropriateness. Article 1. Amending and supplementing certain contents of Circular No. 19/2005/TT-BXD dated December 1, 2005 of the Minister of Construction guiding certain contents of Decree No. 127/2005/NĐ-CP dated October 10, 2005 of the Government guiding the implementation of Resolution No. 23/2003/QH11 dated November 26, 2003 of the National Assembly and Resolution No. 755/2005/NQ-UBTVQH11 dated April 2, 2005 of the Standing Committee of the National Assembly regarding the handling of specific cases concerning real estate during the process of implementing policies on real estate management and socialist transformation before July 1, 1991
1. Amending and supplementing Point a Clause 2 Section IV as follows:
"a) The application for support to improve housing must clearly state the current living conditions according to Clause 3 Article 9 of Decree No. 127/2005/NĐ-CP;"
2. Replacing the phrase "People's Committee of district, town, township, city under province (hereinafter referred to as People's Committee at district level)" with the phrase "People's Committee at commune level" in Clause 1 Section I.
3. Replacing the phrase "People's Committee of commune, ward, town (hereinafter referred to as People's Committee at commune level)" with the phrase "People's Committee at commune level" in Clause 2 Section III.
4. Replacing the phrase "People's Committee at district level" with the phrase "People's Committee at commune level" in Clauses 2, 3, and 4 Section IV.
5. Replacing the phrase "district (town, township, city)" with the phrase "commune/ward/special zone" in Appendix II; replacing the phrase "Chairman of People's Committee of district (town, township, city)" with the phrase "Chairman of People's Committee at commune level" in Appendix II.
Article 2. Amending and supplementing certain provisions of Circular No. 05/2024/TT-BXD dated July 31, 2024 of the Minister of Construction detailing certain provisions of the Law on Housing
"1. Point a Clause 2 Article 21 regarding the notification of renting housing by foreign individuals owning housing in Vietnam to the People's Committee at commune level where the housing is located."
1. Amending and supplementing Clause 1 of Article 1 as follows:
2. Replacing the phrase "housing management agency at district level" with the phrase "People's Committee at commune level" in Article 3.
3. Replacing the phrase "People's Committee of commune, ward, town (hereinafter referred to as People's Committee at commune level)" with the phrase "People's Committee at commune level" in Point a Clause 1 Article 4.
4. Removing the phrase "and the Ministry of Construction" in Clause 3 Article 3; removing the phrase "Ministry of Construction" in Point d Clause 2 Article 18; removing the phrase "Ministry of Construction" in Point b Clause 2 Article 19; removing the phrase "People's Committee at district level" in Clause 3 Article 19.
5. Amending, supplementing, replacing, and abolishing certain contents in the Management and Use Regulation of Apartment Buildings issued together with Circular No. 05/2024/TT-BXD as follows:
a) Amending and supplementing Article 49 as follows:
"Article 49. Responsibilities of the People's Committee at commune level
1. Reporting to the People's Committee at provincial level to decide on the allocation of administrative management responsibilities in areas with apartment buildings and handle any issues within their authority.
2. Propagating and mobilizing organizations and individuals to comply with the regulations of this Regulation and laws on the management and use of apartment buildings.
3. Deciding to recognize the Management Board according to the provisions of this Regulation.
4. Organizing the counting and preparing minutes of handover of apartment building files to the Management Board when the Management Board and the developer cannot prepare the handover minutes as prescribed in Clause 3 Article 10 of this Regulation.
5. Accepting the handover of apartment building files as prescribed in Clause 2 Article 11 of this Regulation.
6. Organizing the Apartment Building Meeting and participating in the meeting of the Apartment Building Meeting as prescribed in this Regulation.
7. Organizing compulsory measures to recover maintenance fees for common property of apartment buildings according to laws on housing.
8. Cooperating with the Management Board in the area to monitor, inspect, and resolve any arising issues in the management and use of apartment buildings within their authority or reporting to the People's Committee at provincial level for consideration and resolution.
9. Cooperating and creating conditions for the management and operation units of apartment buildings to provide apartment building services in the area.
10. Inspecting the management and use of apartment buildings; inspecting the management and operation of multi-story multi-unit housing in the area to ensure compliance with the provisions of this Regulation; handling or proposing competent authorities to handle violations of regulations on the management and use of apartment buildings in the area.
11. Fulfilling other responsibilities related to the management and use of apartment buildings in the area according to this Regulation or assigned by the People's Committee at provincial level or according to laws on local administration organization."
b) Replacing the phrase "People's Committee of district, town, township, city under province, centrally governed city (hereinafter referred to as People's Committee at district level)" with the phrase "People's Committee at commune level" in Clause 2 Article 11;
c) Replacing the phrase "People's Committee at district level" with the phrase "People's Committee at commune level" in Clause 2 Article 11, Clause 1 and Clause 2 Article 12, Clause 1 Article 23, Clause 1 Article 44;
d) Removing the phrase "People's Committee at district level is responsible for inspecting and issuing decisions to recognize the Management Board or delegating" in Clause 2 Article 23; removing the phrase "People's Committee at district level or" in Clause 3 Article 19, Clause 4 and Clause 5 Article 23, Point c Clause 4 Article 27;
đ) Abolishing Article 48.
5. Replacing certain contents in Appendix I issued together with Circular No. 05/2024/TT-BXD:
a) Replacing the phrase "People's Committee at district level" with the phrase "People's Committee at commune level" in Model No. 01;
Replace the phrase "People's Committee of the district" with the phrase "People's Committee of the commune" in Form No. 01;
b) Replace the phrase "land registration office branch at the district level under the province or centrally governed city" with the phrase "land registration office branch at the commune administrative unit or inter-commune area as provided for by land laws" in Model No. 02.
6. Amend and abolish certain contents in Appendix II issued together with Circular No. 05/2024/TT-BXD:
a) Replace the phrase "at the district level" with the phrase "at the commune level" in items 2.1, 2.2, 2.3, 2.4 of Table No. 01 and items 2.1, 2.2, 2.4, 2.6 of Table No. 02;
b) Adjust the minimum number of working days from "2" to "0.5" in items 2.1, 2.2, 2.3 of Table No. 01 and items 2.1, 2.2, 2.4 of Table No. 02;
c) Adjust the maximum number of working days from "4" to "2" in items 2.1, 2.2, 2.3, 2.4 of Table No. 01 and items 2.1, 2.2, 2.4, 2.6 of Table No. 02;
d) Remove the phrase "according to the administrative unit at the district level" in item 5.10 of Table No. 01.
Article 3. Amending and supplementing certain articles of Circular No. 08/2024/TT-BXD dated August 30, 2024, of the Minister of Construction on numbering and installing house numbers and construction project signs.
1. Amend and supplement Point b, Clause 2, Article 6 as follows:
"b) In cases where special streets do not comply with the provisions set forth in point a of this clause, the direction of house numbering shall be decided by the People's Committee at the commune level (for example, for streets in a radial pattern, house numbering shall start from the center of the province, centrally governed city, commune, ward, or special zone and extend outward)."
2. Amending and supplementing Article 23 as follows:
"Article 23. Responsibilities of People's Committees at all levels:
1. Responsibilities of the People's Committee at the provincial level:
a) Direct the People's Committee at the commune level to develop plans and organize the implementation of house numbering and sign installation according to the provisions of this Circular;
b) Direct the People's Committee at the commune level, relevant agencies, and units to manage information and data on house numbers of organizations and individuals, ensuring integration, connection, and sharing with the national population database, the national land database, and other related databases as prescribed."
2. Responsibilities of the People's Committee at the commune level:
a) Review and propose schemes for house numbering and sign installation to the People's Committee at the provincial level for decision-making and organization of implementation of house numbering and sign installation within their jurisdiction; issue certificates of house numbers to organizations and individuals within their jurisdiction;
b) Issue certificates of house numbers to households that have installed signs according to the provisions of this Circular for use by owners (or users) when necessary. The format of the certificate of house number is stipulated in the Appendix issued together with this Circular. The certificate of house number does not replace recognition of ownership rights over houses or construction projects;
c) Report to the People's Committee at the provincial level on the results of house numbering and sign installation within their jurisdiction upon request;
d) Inspect and handle violations of regulations on house numbering and sign installation within their jurisdiction according to laws on administrative offenses; report and recommend handling by competent authorities in cases exceeding their authority;
đ) Manage and implement updates to information and data on house numbering and sign installation in urban areas, rural areas, housing development projects, and urban and industrial development projects to ensure synchronization with the land database within their jurisdiction;
g) Promote, disseminate, and urge organizations and individuals within their jurisdiction to comply with regulations on house numbering and sign installation;
h) Coordinate with the police station at the commune level in implementing house numbering and sign installation to ensure that information and data on house numbers are connected and shared with the national population database as prescribed."
3. Replace the phrase "People's Committee at the district level" with the phrase "People's Committee at the provincial level" in Article 5.
4. Replace the phrase "People's Committee at the district level" with the phrase "People's Committee at the commune level" in Clause 3 of Article 6, Clause 3 of Article 7, Clause 1 and Clause 4 of Article 21, and Clause 1 of Article 24.
5. Remove the phrase "People's Committee at the district level," in Clause 3 of Article 9 and Clause 3 of Article 14.
6. Replace the phrase "TUQ. Chairman of the District People's Committee" with the phrase "TUQ. Chairman of the Commune People's Committee" in the format of the certificate of house number issued together with Circular No. 08/2024/TT-BXD.
Article 4. Amending and supplementing certain contents of Circular No. 01/2008/TT-BXD dated January 2, 2008, issued by the Minister of Construction guiding the implementation of some provisions of Government Decree No. 117/2007/NĐ-CP dated July 11, 2007 on the production, supply, and consumption of clean water.
1. Amending and supplementing Clause 1 of Section II as follows:
"1. Public opinion participation process:
When establishing a new project for constructing centralized water supply facilities, the investor shall coordinate with local authorities to organize the collection of public opinions within the scope served by the project. The investor decides on the form of collecting public opinions in accordance with the laws on grassroots democracy. Information must be provided to the public about the basic contents of the project regarding investment scale, service quality after completion, pricing plans, land requirements, and implementation schedule.
In the water supply service contract, there must be specific information about the contact address of the department or person responsible for receiving customer feedback, complaints, and reports regarding incidents, service quality, destructive acts, and negative behaviors related to water supply activities in the area. In the annual report submitted by the water supply unit to the competent authority that has signed the agreement to implement water supply services, there must be a report on the reception and handling of customer feedback."
2. Amending and supplementing Section IV as follows:
"IV. ON THE SELECTION OF WATER SUPPLY UNITS, DETERMINATION OF SERVICE AREAS, AND SIGNING OF AGREEMENTS TO IMPLEMENT WATER SUPPLY SERVICES
The selection of water supply units to negotiate and sign agreements to implement water supply services between the People's Committee and the water supply units shall be carried out in accordance with Article 29 of Government Decree No. 117/2007/NĐ-CP; the service area is a defined boundary area where the water supply unit is obligated to provide clean water to users within that area; the determination of the service area of a water supply unit shall be carried out in accordance with Article 32 of Government Decree No. 117/2007/NĐ-CP.
The agreement to implement water supply services is a legal document signed between the People's Committee at the appropriate level and the water supply unit, binding the rights and obligations of both parties in ensuring water supply services as prescribed, while ensuring a harmonious balance of legitimate interests between the water supply unit and the community, aiming to improve the quality of water supply services with reasonable prices under state control.
The provincial People's Committee shall sign the agreement to implement water supply services when the water supply facility has a service range spanning administrative boundaries of two or more communes; the commune People's Committee shall sign the agreement to implement water supply services for water supply facilities whose service range falls within its administrative jurisdiction.
The basic contents of the agreement to implement water supply services are stipulated in Article 31 of Government Decree No. 117/2007/NĐ-CP; based on the model agreement to implement water supply services in Appendix 1 of this Circular, taking into account actual conditions, the water supply unit and the People's Committee shall organize the drafting, negotiation, and signing of the agreement to implement water supply services.
If a water supply unit has multiple service areas belonging to different independent administrative units, then separate agreements to implement water supply services shall be signed with each independent administrative unit.
Within a single service area of a water supply unit, if there are multiple affiliated units, the People's Committee shall only sign one agreement to implement water supply services with the water supply unit, and the division of management over smaller sub-areas or different stages of water supply operations among the affiliated units shall be decided by the water supply unit, ensuring consistency with the content of the signed agreement to implement water supply services."
3. Amending and supplementing the provision at Article 1 of Appendix 1 issued together with Circular No. 01/2008/TT-BXD as follows:
"Article 1. Purpose of the agreement to implement water supply services
The agreement to implement water supply services is a legal document signed between the People's Committee at the appropriate level and the water supply unit, binding the rights and obligations of both parties in ensuring safe water supply services, while ensuring a harmonious balance of legitimate interests between the enterprise and the community, aiming to improve the quality of water supply services with reasonable prices under state control."
Article 5. Amending and supplementing some articles of Circular No. 11/2010/TT-BXD dated August 17, 2010, issued by the Minister of Construction guiding the management of underground infrastructure databases in urban areas.
1. Amending and supplementing Point c Clause 1 Article 3 as follows:
"assigning responsibilities to the People's Committee at the commune level; the Department of Construction and other specialized agencies to carry out the construction, management of the database, and provide data on underground works in cities within the province."
2. Replacing the phrase "Responsibilities of the Department of Planning and Architecture of Hanoi City and Ho Chi Minh City" in Clause 4 Article 3 with the phrase "Responsibilities of the Department of Planning and Architecture of Hanoi City."
3. Replacing the phrase "People's Committees of cities directly under provinces" with the phrase "People's Committee at the commune level" in Clause 2 Article 3.
Article 6. Amending and supplementing some articles of Circular No. 08/2012/TT-BXD dated November 21, 2012, issued by the Minister of Construction guiding the implementation of safe water supply assurance.
1. Amending and supplementing some Points and Clauses in Article 7 as follows:
a) Amend and supplement Point c Clause 1 as follows:
"c) Specifying functions, tasks, assignments, and hierarchical management for specialized agencies and People's Committees at the commune level to implement the safe water supply plan;"
b) Amending and supplementing Clause 2 Article 7 as follows:
"2. Responsibilities of the People's Committee at the commune level
The People's Committee at the commune level is responsible for coordinating the implementation of the safe water supply plan according to the tasks assigned by the provincial People's Committee and organizing supervision of the implementation of the safe water supply plan within its jurisdiction."
2. Amend and supplement Article 8 as follows:
"Article 8. Inspection work
The provincial People's Committee or delegating to the People's Committee at the commune level shall organize regular and spot inspections of the implementation of regulations on ensuring safe water supply within their jurisdiction in accordance with the provisions of the law."
3. Replacing the phrase "Natural Resources and Environment, Agriculture and Rural Development, Finance, Planning and Investment" with the phrase "Agriculture and Environment, Finance" in Clause 1 Article 6.
Article 7. Amending and supplementing some articles of Circular No. 01/2018/TT-BXD dated January 5, 2018, issued by the Minister of Construction stipulating green urban development indicators.
1. Amend and supplement Point d Clause 1 Article 8 as follows:
"d) The Department of Construction is responsible for sending reports on green urban development to the People's Committee of centrally governed cities, the Department of Finance to serve as the basis for implementing activities stipulated in Clause 1 Article 4 and sending to the Ministry of Construction for monitoring and summarizing before March 31 each year."
2. Amending and supplementing Clause 2 Article 8 as follows:
"2. For cities directly under provinces
"a) The provincial People's Committee takes the lead, assigns a unit with urban development management functions as the focal point, regularly inspects, monitors, and urges the implementation; implements the preparation of the green urban development report from 2020. The focal point unit prepares a plan for preparing the green urban development report for each city and implements the plan after approval by the provincial People's Committee, compiles and submits the report on green urban development indicators specified in Appendices 1 and 2 of this Circular, and drafts and submits the report to the provincial People's Committee for issuance;
b) The provincial People's Committee takes the lead, specifically assigning relevant units to provide and be responsible for related data and information within the deadline for the focal point agency;
c) The outline and content of the report follow the provisions of Article 6 of this Circular;
d) The focal point unit is responsible for sending the green urban development report to the provincial People's Committee, the Department of Finance, the Department of Construction to serve as the basis for implementing activities stipulated in Clause 1 Article 4 and sending to the Ministry of Construction for monitoring and summarizing before March 31 each year."
3. Amending and supplementing Clause 3 Article 10 as follows:
"3. The Department of Construction organizes the preparation of the green urban development report; clearly defines specific tasks for preparing the report, selects consulting units (if any) to prepare the green urban development report based on the current legal regulations."
4. Replacing some contents in Circular No. 01/2018/TT-BXD as follows:
a) Replacing the phrase "People's Committee at the district level" with the phrase "Department of Construction" in Point 5 of the indicators with codes 0101, 0102, 0103, 0104, 0105, 0201, 0202, 0203, 0204, 0205, 0206, 0207, 0208, 0209, 0210, 0301, 0302, 0303, 0304, 0401, 0402, 0403, 0404, 0405 in Appendix 2 issued together with Circular No. 01/2018/TT-BXD;
b) Replacing the phrase "People's Committee at the district level" with the phrase "People's Committee at the provincial level" in Point 1 of the indicator with code 0402 in Appendix 2 issued together with Circular No. 01/2018/TT-BXD;
c) Replacing the phrase "Article 32, Decree No. 46/2015/NĐ-CP of the Government dated May 12, 2015 on the management of construction quality and maintenance of construction projects" with the phrase "Clause 3, Clause 4 Article 52 Decree No. 06/2021/NĐ-CP of the Government dated January 26, 2021 detailing some contents on construction quality management, construction, and maintenance of construction projects" in Point 1 of the indicator with code 0105 in Appendix 2 issued together with Circular No. 01/2018/TT-BXD."
5. Abolishing some contents in Circular No. 01/2018/TT-BXD as follows:
a) Removing the phrase "and People's Committees of cities directly under provinces" in Point b Clause 1 Article 8;
b) Removing the phrase "People's Committees of cities directly under provinces and" in Clause 1 Article 10 and the phrase "People's Committee at the district level" in Clause 5 Article 10;
c) Abolishing Clause 2 Article 10.
Article 8. Replacing some contents of Circular No. 03/2020/TT-BXD dated July 28, 2020, issued by the Minister of Construction on architectural design documents and sample certificates for architectural practice.
Replace Appendix I promulgated together with Circular No. 03/2020/TT-BXD with Appendix I promulgated together with this Circular.
Article 9. Replacing some phrases of Circular No. 08/2021/TT-BXD dated August 2, 2021, issued by the Minister of Construction guiding the method for determining costs of drafting and organizing the implementation of urban management regulations.
Replace the phrase "district level" with the phrase "commune level" in Clause 5, Article 3.
Article 10. Replacing and abolishing some phrases of Circular No. 06/2021/TT-BXD dated June 30, 2021, issued by the Minister of Construction on classification of construction projects and guidance on applying project classification in construction management.
1. Replace the phrase "People's Court, People's Procuratorate at provincial level" with the phrase "People's Court, People's Procuratorate at provincial level and region" at item 1.1.7 of Appendix I promulgated together with Circular No. 06/2021/TT-BXD.
2. Remove the phrase "General Bureau and equivalent level;" and the phrase "high level" at item 1.1.7 of Appendix I promulgated together with Circular No. 06/2021/TT-BXD; abolish the phrase "Office of Party Committee, People's Council, People's Committee at district level;" at item 1.1.7 of Appendix I promulgated together with Circular No. 06/2021/TT-BXD; abolish the phrase "District Office and equivalent level; People's Court, People's Procuratorate at district level" at item 1.1.7 of Appendix I promulgated together with Circular No. 06/2021/TT-BXD."
Article 11. Amending and supplementing some articles of Circular No. 11/2021/TT-BXD dated August 31, 2021, issued by the Minister of Construction guiding certain contents on determination and management of construction investment costs (amended and supplemented by Circular No. 14/2023/TT-BXD dated December 29, 2023, issued by the Minister of Construction; Circular No. 01/2025/TT-BXD dated January 22, 2025, issued by the Minister of Construction).
1. Amend Clause 2, Article 9 of Circular No. 11/2021/TT-BXD (amended and supplemented by Clause 2, Article 1 of Circular No. 14/2023/TT-BXD) as follows:
"2. The investor shall use the construction cost system published by the competent authority as stipulated in Clauses 1 and 2, Article 26 of Decree No. 10/2021/NĐ-CP dated February 9, 2021, of the Government (amended and supplemented at point b, point c, Clause 1, Article 12 of Decree No. 144/2025/NĐ-CP dated June 12, 2025, of the Government) and as stipulated in Clause 2, Article 8 of this Circular as the basis for determining and managing construction investment costs. In case an organization determines the construction cost based on detailed unit prices or comprehensive construction prices according to the construction norms, then the material prices, labor unit prices, machinery and equipment rental prices shall be determined according to the provisions of this Article."
2. Amend and supplement Clause 1, Article 11 of Circular No. 11/2021/TT-BXD as follows:
"1. The construction investment capital announced by the competent state agency as stipulated in Clause 1, Article 26 of Decree No. 10/2021/NĐ-CP (amended and supplemented at point c, Clause 1, Article 12 of Decree No. 144/2025/NĐ-CP) serves as the basis for preliminarily determining the total investment ceiling, the total investment ceiling of the project, and for determining and managing construction investment costs during the project preparation stage. The announcement date of the construction investment capital is before January 31 of the following year."
3. Amend and supplement the beginning of Section I of Appendix IV promulgated together with Circular No. 11/2021/TT-BXD as follows:
"I. METHODS FOR DETERMINING DETAILED UNIT PRICES
Detailed unit prices of construction works include incomplete detailed unit prices and complete detailed unit prices.
Detailed unit prices of construction works are determined based on construction norms and market prices or similar prices from completed projects.
Detailed unit prices are determined based on construction norms and market prices as follows:"
4. Amend and supplement Point b, Clause 1 of Section II of Appendix VI promulgated together with Circular No. 11/2021/TT-BXD as follows:
"b) Consultant salaries are determined based on the corresponding domestic consultant salary levels for the working hours.
In cases where there is a joint venture with a foreign contractor or acts as a subcontractor to a foreign contractor, domestic consultant salaries are determined by referring to the salaries of Vietnamese consultants under contracts with winning foreign contractors in Vietnam or the salaries of Vietnamese consultants guided by international organizations for domestic consultants working for foreign consulting firms in Vietnam or the salaries of domestic consultants."
5. Replacing and abolishing some contents of Article 8 of Circular No. 11/2021/TT-BXD (amended and supplemented by Clause 1, Article 1 of Circular No. 14/2023/TT-BXD and Clause 1, Article 1 of Circular No. 01/2025/TT-BXD) as follows:
a) Abolish Clause 1, Article 8;
b) Replace the phrase "Ministry of Construction" with the phrase "Ministry of Construction, specialized construction management ministry" at Points b and d, Clause 5, Article 8.
6. Abolish Section V of Appendix VI promulgated together with Circular No. 11/2021/TT-BXD.
7. Abolish Point d, Clause 7, Article 10 and Appendix IX promulgated together with Circular No. 11/2021/TT-BXD.
Article 12. Amend and supplement Section V of Appendix V of Circular No. 13/2021/TT-BXD dated August 31, 2021, issued by the Minister of Construction guiding the methods for determining economic and technical indicators and stripping volumes of construction works (amended and supplemented by Circular No. 01/2025/TT-BXD dated January 22, 2025, issued by the Minister of Construction).
Supplement the introductory paragraph of Section V of Appendix V promulgated together with Circular No. 13/2021/TT-BXD, amended and supplemented at Clause 5, Article 2 of Circular No. 01/2025/TT-BXD as follows: "The rates of losses, basic data, and original cost serving as the basis for determining the price of machinery and construction equipment shall be determined according to the tables of rates prescribed in this section. For specialized machines and equipment not included in the tables of rates prescribed in this section, they shall be implemented according to the announcements of the Ministries managing specialized construction projects."
Article 13. Amend and supplement some articles of Circular No. 08/2012/TT-BGTVT dated March 23, 2012, issued by the Minister of Transport guiding the implementation of certain provisions of the Agreement between the Government of the Socialist Republic of Vietnam and the Royal Government of Cambodia on inland waterway transport (amended and supplemented by Circular No. 03/2013/TT-BGTVT dated March 29, 2013, issued by the Minister of Transport amending and supplementing certain provisions of Circular No. 08/2012/TT-BGTVT dated March 23, 2012, issued by the Minister of Transport guiding the implementation of certain provisions of the Agreement between the Government of the Socialist Republic of Vietnam and the Royal Government of Cambodia on inland waterway transport and Circular No. 13/2023/TT-BGTVT dated June 30, 2023, issued by the Minister of Transport amending and supplementing certain provisions of the circulars guiding the implementation of certain provisions of the Agreement between the Government of the Socialist Republic of Vietnam and the Royal Government of Cambodia on inland waterway transport).
1. Amend and supplement Article 7 of Circular No. 08/2012/TT-BGTVT (already amended and supplemented at Clause 5, Article 1 of Circular No. 13/2023/TT-BGTVT) as follows:
"Article 7. Authority to issue Cross-border Transport Permit
The Construction Department is the authority issuing Cross-border Transport Permit for watercraft within its jurisdiction in cases stipulated in Clause 1, Article 6 of this Circular."
2. Amend and supplement Clause 4 of Article 10 as follows:
"4. Authority to extend: The Construction Department where the vessel encounters an incident."
3. Replace the phrase "Transport Department" with the phrase "Construction Department" in Clause 2, Article 12.
4. Replace the phrase "Vietnam Inland Waterways Administration" with the phrase "Vietnam Maritime and Inland Waterways Administration" in Clause 1 and Clause 2, Article 12; Appendix II promulgated together with Circular No. 08/2012/TT-BGTVT, amended and supplemented at Clause 8, Article 1 of Circular No. 13/2023/TT-BGTVT.
5. Replace the phrase "Inland Waterways Port Supervision Authority" with the phrase "Construction Department" in Clause 2, Article 4; Clause 3, Article 10 of Circular No. 08/2012/TT-BGTVT already amended and supplemented at Clause 3, Article 1 of Circular No. 03/2013/TT-BGTVT.
6. Replace the phrase "Vietnam Inland Waterways Administration (or local Transport Department)" with the phrase "Construction Department" in Appendix III promulgated together with Circular No. 08/2012/TT-BGTVT (amended and supplemented at Clause 4, Article 1 of Circular No. 13/2023/TT-BGTVT).
Article 14. Amend and supplement some articles of Circular No. 16/2013/TT-BGTVT dated July 30, 2013, issued by the Minister of Transport on the management of inland waterway transport routes from the mainland to islands in Vietnam’s territorial waters (amended and supplemented by Circular No. 24/2022/TT-BGTVT dated October 13, 2022, issued by the Minister of Transport amending and supplementing several Circulars of the Minister of Transport on the management of inland waterway transport routes from the mainland to islands in Vietnam’s territorial waters and Circular No. 10/2024/TT-BGTVT dated April 10, 2024, issued by the Minister of Transport amending and supplementing some articles of Circulars on the management of inland waterway transport routes from the mainland to islands in Vietnam’s territorial waters)
1. Market management agencies at all levels include: the Department of Domestic Market Management and Development under the Ministry of Industry and Trade; the Market Management Business Unit under the Department of Domestic Market Management and Development; the Market Management Sub-department under the Department of Industry and Trade of provinces and centrally-administered cities; and the Market Management Team under the Market Management Sub-department.
"Article 2. Responsibilities for announcing and managing inland waterway transport routes from the mainland to islands
1. Announcing inland waterway transport routes from the mainland to islands:
a) The People's Committee of the province shall organize the announcement of inland waterway transport routes from the mainland to islands for routes within the administrative boundaries managed by that locality;
b) In cases where an inland waterway transport route from the mainland to islands passes through the administrative boundaries of two provinces or more, the People's Committees of the relevant provinces shall be responsible for coordinating and reaching a consensus in writing to determine which People's Committee will carry out the announcement of the route. The selection of the People's Committee to carry out the announcement of the route shall be based on one of the following criteria: the location of the starting point of the route within the province's territory; the length of the route section within the provincial administrative boundary or a written agreement between the relevant provincial People's Committees;
c) For the inland waterway transport routes from the mainland to islands specified in Appendix I attached to this Circular, the People's Committee of the province shall be responsible for organizing a review and re-announcement to ensure completion before December 31, 2025;
d) The People's Committee of the province carrying out the announcement of the inland waterway transport route from the mainland to islands shall send a written notification to the Vietnam Maritime Administration and Inland Waterways Department to serve state management work on maritime affairs and inland waterways.
2. Responsibilities for managing inland waterway transport routes from the mainland to islands
a) The organization and management of inland waterway transport activities on inland waterway transport routes from the mainland to islands in Vietnam’s territorial waters shall be carried out in accordance with laws on maritime affairs and inland waterway traffic;
b) The Vietnam Maritime Administration and Inland Waterways Department shall organize inspections and guidance on the implementation and compliance with laws on maritime affairs and inland waterways for announced inland waterway transport routes from the mainland to islands."
2. Replace the phrase "Vietnam Inland Waterways Administration" with the phrase "Vietnam Maritime Administration and Inland Waterways Department" at Point a Clause 2 Article 3 of Circular No. 16/2013/TT-BGTVT (amended and supplemented at Article 1 of Circular No. 10/2024/TT-BGTVT).
3. Replace the phrase "Department of Transport" with the phrase "Department of Construction" at Article 3 of Circular No. 16/2013/TT-BGTVT (amended and supplemented at Article 1 of Circular No. 10/2024/TT-BGTVT).
4. Repeal the note of Appendix III promulgated together with Circular No. 16/2013/TT-BGTVT (amended and supplemented at Clause 2 Article 2 of Circular No. 10/2024/TT-BGTVT).
Article 15. Amend and supplement some articles of Circular No. 69/2014/TT-BGTVT dated November 27, 2014, issued by the Minister of Transport on procedures for confirming reports of inland waterway incidents
1. Amend and supplement Article 5 as follows:
"Article 5. Authorities for confirming reports of inland waterway incidents
The inland waterway police or the nearest People's Committee where the incident occurred shall be the authority for confirming reports of inland waterway incidents."
"3. To take the lead or coordinate with relevant ministries and sectors in inspecting, supervising, summarizing, concluding, reporting; implementing commendation and reward activities, policies and laws on national defense; handling complaints and denunciations, and dealing with violations of national defense work within their jurisdiction."
"3. The time limit for resolving the confirmation of reports of inland waterway incidents shall not exceed two working hours, counted from the time all valid documents have been received in accordance with Article 7 of this Circular."
3. Replace the phrase "Inland Waterway Port Office" with the phrase "inland waterway police or the nearest People's Committee" at Clause 1 Article 6 of Circular No. 69/2014/TT-BGTVT.
Article 16. Amend and supplement some articles of Circular No. 75/2014/TT-BGTVT dated December 19, 2014 of the Minister of Transport on registration of inland waterway vessels (amended and supplemented by Circular No. 35/2020/TT-BGTVT dated December 23, 2020 of the Minister of Transport amending and supplementing certain articles of Circulars on periodic reporting systems in the field of inland waterway transport and Circular No. 60/2024/TT-BGTVT dated December 17, 2024 of the Minister of Transport amending and supplementing certain articles of Circulars on registration of inland waterway vessels and regulations on examination, inspection, issuance, reissuance, and conversion of certificates of professional competence for inland waterway vessel crew members).
1. Add Clause 5 to Article 3 of Circular No. 75/2014/TT-BGTVT as follows:
"5. Within thirty days from the date of transfer of ownership of the vessel or receipt of the Certificate of Technical Safety and Environmental Protection when changing technical features of the vessel as prescribed or changing the headquarters or domicile, organizations or individuals must complete the procedures for re-registration of the vessel."
2. Amend and supplement Article 8 of Circular No. 75/2014/TT-BGTVT (already amended and supplemented at Clause 7 of Article 1 of Circular No. 60/2024/TT-BGTVT) as follows:
"Article 8. Registration authority
1. The Construction Department shall carry out registration of vessels with VR-SB class, non-motorized vessels with a total load capacity over 15 tons, motorized vessels with a main engine power over 15 horsepower, and vessels with a passenger capacity over 12 persons whose headquarters or permanent residence are located within that province or centrally-administered city.
2. People's Communes:
a) Shall carry out registration of non-motorized vessels with a total load capacity from 1 ton to 15 tons or passenger capacity from 5 persons to 12 persons, motorized vessels with a main engine power up to 15 horsepower or passenger capacity up to 12 persons whose headquarters or permanent residence are located within their management area;
b) Shall organize management of simple vessels with a total load capacity under 1 ton or passenger capacity under 5 persons or rafts operating on inland waterways to ensure safety conditions as prescribed.
3. The registration authority specified in Clause 1 of this Article may organize and implement registration of vessels specified in Clause 2 of this Article."
3. Amend and supplement Article 9 of Circular No. 75/2014/TT-BGTVT (already amended and supplemented at Clause 1 of Article 1 of Circular No. 60/2024/TT-BGTVT) as follows:
"Article 9. Printing and managing blank certificates of vessel registration
The Construction Department shall be responsible for printing, managing, using, and issuing blank certificates of registration for inland waterway vessels."
4. Amend and supplement Point c Clause 4 Article 10, Point c Clause 5 Article 11, Point c Clause 3 Article 12, Point c Clause 5 Article 13, Point c Clause 3 Article 14, Point c Clause 3 Article 15, Point c Clause 3 Article 16, Point c Clause 3 Article 17, Point c Clause 3 Article 18 of Circular No. 75/2014/TT-BGTVT (already amended and supplemented by Clause 3 of Article 1 of Circular No. 60/2024/TT-BGTVT) as follows:
"c) Within two working days from the date of receiving all required documents as prescribed and the organization or individual has completed financial obligations (if any), the registration authority shall issue the certificate and deliver it directly or through postal services or online public service system to the vessel owner. If not issued, a written response stating the reasons must be provided."
5. Amend and supplement Clause 2 Article 20 of Circular No. 75/2014/TT-BGTVT (already amended and supplemented at Clause 5 of Article 1 of Circular No. 60/2024/TT-BGTVT) as follows:
"2. Manage the database of vessels as prescribed."
6. Amend and supplement the introductory clause of Clause 4 Article 21 of Circular No. 75/2014/TT-BGTVT (already amended and supplemented at Article 3 of Circular No. 35/2020/TT-BGTVT) as follows:
"4. The People's Commune shall report to the Construction Department the results of vessel registration, detailed reports as follows:"
7. Amend and supplement the introductory clause of Clause 5 Article 21 of Circular No. 75/2014/TT-BGTVT (already amended and supplemented at Article 3 of Circular No. 35/2020/TT-BGTVT) as follows:
"5. The Construction Department shall report to the Vietnam Maritime Administration and Inland Waterway the results of vessel registration within its jurisdiction (including the results of vessel registration under Clause 2 of Article 8 of this Circular), detailed reports as follows:"
8. Amend and supplement Clause 6 Article 21 of Circular No. 75/2014/TT-BGTVT as follows:
"6. The Vietnam Maritime Administration and Inland Waterway shall be responsible for inspecting and guiding business operations for the Construction Departments, and the Construction Departments shall be responsible for inspecting and guiding business operations for the People's Communes in implementing vessel registration."
9. Replace the phrase "Vietnam Inland Waterway Administration" with "Vietnam Maritime Administration and Inland Waterway" in the name of Article 20 of Circular No. 75/2014/TT-BGTVT; in Clause 2 Article 21 of Circular No. 75/2014/TT-BGTVT (already amended and supplemented at Clause 6 of Article 1 of Circular No. 60/2024/TT-BGTVT); in the note section of Form No. 01 Appendix I, Form No. 12 Appendix I of Circular No. 75/2014/TT-BGTVT (already replaced at Clause 11 of Article 1 of Circular No. 60/2024/TT-BGTVT).
10. Replace the phrase "Department of Transport if at commune level report" with the phrase "Construction Department if reported by the People's Committee at commune level" in the note section of Form No. 12 Appendix I promulgated together with Circular No. 75/2014/TT-BGTVT (already replaced at Clause 11 of Article 1 of Circular No. 60/2024/TT-BGTVT).
11. Replace Appendix II promulgated together with Circular No. 75/2014/TT-BGTVT with Appendix II promulgated together with this Circular.
11. Delete the phrase "Inland Waterway Branch" and replace it with the phrase "Maritime and Inland Waterway Branch" in the note section of Form No. 12 Appendix I promulgated together with Circular No. 75/2014/TT-BGTVT (already replaced at Clause 11 of Article 1 of Circular No. 60/2024/TT-BGTVT).
Article 17. Amending and supplementing some articles of Circular No. 15/2016/TT-BGTVT dated June 30, 2016 of the Minister of Transport on inland waterway management (amended and supplemented by Circular No. 31/2021/TT-BGTVT dated December 7, 2021 of the Minister of Transport abolishing some legal normative documents issued by the Minister of Transport).
1. Amending and supplementing Point b Clause 1 Article 10 as follows:
"b) Directing relevant agencies responsible for managing inland waterways in the region to coordinate with People's Communes to conduct surveys, set boundary markers, and adjust boundary markers along national inland waterway routes;"
2. Amending and supplementing Point b Clause 2 Article 10 as follows:
"b) Directing relevant departments, People's Communes to coordinate with the Vietnam Maritime and Inland Waterways Administration to conduct surveys, set boundary markers, and determine adjustments to boundary markers for national inland waterway routes and specialized inland waterway routes."
3. Replacing the phrase "Vietnam Inland Waterways Administration" with the phrase "Vietnam Maritime and Inland Waterways Administration" in Clause 1 Article 10.
4. Replacing the phrase "Department of Transport" with the phrase "Department of Construction" in Clause 3 Article 10.
Article 18. Amending and supplementing some articles of Circular No. 39/2019/TT-BGTVT dated October 15, 2019 of the Minister of Transport on the responsibilities of vessel owners, crew members, drivers, and minimum safety staffing on inland waterway vessels (amended and supplemented by Circular No. 33/2022/TT-BGTVT dated December 12, 2022 of the Minister of Transport amending and supplementing some articles of Circular No. 39/2019/TT-BGTVT dated October 15, 2019 of the Minister of Transport on the responsibilities of vessel owners, crew members, drivers, and minimum safety staffing on inland waterway vessels).
Amending and supplementing Clause 3 Article 20 of Circular No. 39/2019/TT-BGTVT (already amended and supplemented at Clause 5 Article 1 of Circular No. 33/2022/TT-BGTVT) as follows:
"3. The agency stamping and affixing border stamps on the pages of voyage logs and engine logs: People's Commune."
Article 19. Amending and supplementing some articles of Circular No. 40/2019/TT-BGTVT dated October 15, 2019 of the Minister of Transport on examinations, inspections, issuance, reissuance, and conversion of certificates of professional competence and certificates of special qualifications for crew members and drivers of inland waterway vessels (amended and supplemented by Circular No. 35/2020/TT-BGTVT dated December 23, 2020 of the Minister of Transport amending and supplementing some articles of Circulars on periodic reporting systems in the field of inland waterway transport and Circular No. 38/2023/TT-BGTVT dated December 18, 2023 of the Minister of Transport amending and supplementing some articles of Circular No. 40/2019/TT-BGTVT dated October 15, 2019 of the Minister of Transport on examinations, inspections, issuance, reissuance, and conversion of certificates of professional competence and certificates of special qualifications for crew members and drivers of inland waterway vessels).
1. Amending and supplementing Article 7 of Circular No. 40/2019/TT-BGTVT (amended and supplemented at Clause 2 Article 1 of Circular No. 38/2023/TT-BGTVT) as follows:
"Article 7. Competent authority for organizing examinations, inspections, issuing, reissuing, and converting certificates of professional competence and certificates of special qualifications
1. Department of Construction:
a) Organizing examinations, making decisions to recognize examination results, issuing, reissuing, and converting certificates of professional competence for master mariners from Class IV upwards and chief engineer certificates from Class III upwards for students studying at training institutions within its jurisdiction;
b) Making decisions to recognize inspection results, issuing, reissuing, and converting special qualification certificates for students studying at training institutions within its jurisdiction.
2. Training institutions meeting the prescribed conditions:
a) Conducting inspections, making decisions to recognize inspection results, issuing, reissuing, and converting vocational certificates and basic safety training certificates;
b) Conducting inspections of special qualification certificates.
3. The competent authority for issuing certificates of professional competence and special qualification certificates shall implement the reissuance, reissue, and conversion of such certificates. When reissuing certificates of professional competence and special qualification certificates, the competent authority must invalidate the original certificates by cutting off a corner.
In cases where organizations or individuals submit applications for reissuance or conversion of certificates of professional competence and special qualification certificates to authorities that are not the issuing authorities, based on the authority provisions stipulated in Clause 1 and Clause 2 of this Article, the receiving authority shall send a written notice to the issuing authority or the authority with the authority to issue certificates of professional competence and special qualification certificates for verification. Based on the verification results, the receiving authority shall issue reissued or converted certificates of professional competence and special qualification certificates according to the provisions of Article 19 of this Circular."
2. Amending and supplementing some contents of Article 8 of Circular No. 40/2019/TT-BGTVT (amended and supplemented at Clause 3 Article 1 of Circular No. 38/2023/TT-BGTVT) as follows:
a) Amending and supplementing the introductory paragraph of Clause 3 as follows:
"3. Within three working days from the date of commencement, report to the competent authority specified in Clause 1 of Article 7 of this Circular:"
b) Amending and supplementing the introductory paragraph of Clause 4 as follows:
"4. After the completion of the course, report to the competent authority specified in Clause 1 of Article 7 of this Circular:"
c) Amending and supplementing Clause 5 as follows:
"5. For special qualification certificates, within ten working days before organizing the inspection for issuing special qualification certificates, the training institution shall report in writing to the competent authority specified in Clause 1 of Article 7 of this Circular for supervision of the examination periods; for special qualification certificates specified in Point b Clause 2 of Article 7 of this Circular, after obtaining the examination results of the students, the training institution shall send the examination results to the competent authority specified in Clause 1 of Article 7 of this Circular to make a Decision recognizing the examination results and issuing special qualification certificates."
3. Amending and supplementing some points and clauses of Article 11a of Circular No. 40/2019/TT-BGTVT (supplemented at Clause 7 Article 1 of Circular No. 38/2023/TT-BGTVT) as follows:
a) Amend and supplement Clause 1 as follows:
"1. On the basis of the examination board organization plan for the GCNKNCM level or the report from the training institution on the examination or inspection plan for the CCCM level, the competent authority prescribed in Clause 1, Article 7 of this Circular shall dispatch supervisors to oversee the examination or inspection."
b) Amend and supplement Point b of Clause 3 as follows:
"b) Report to the competent authority prescribed in Clause 1, Article 7 of this Circular for consideration and handling."
c) Amend and supplement Clause 4 as follows:
"4. At the end of the examination or inspection period, the supervisor shall submit a written report on the supervision results to the competent authority prescribed in Clause 1, Article 7 of this Circular."
4. Amend and supplement Article 19 of Circular No. 40/2019/TT-BGTVT (supplemented by Clause 7, Article 1 of Circular No. 38/2023/TT-BGTVT) as follows:
"Article 19. Documents and procedures for issuing, reissuing, and converting certificates of professional competence and certificates of competency
1. Individuals who wish to apply for issuance, reissuance, or conversion of GCNKNCM or CCCM shall submit one set of documents directly or send them through the postal service or via the online public service system or other appropriate methods to the competent authority as prescribed in Article 7 of this Circular. The documents include:
a) An original or electronic form of the Application Form as prescribed in Appendix XIV attached to this Circular;
b) Two (2) color photographs or an electronic color photograph measuring 2x3 cm with a white background, taken within the last six (6) months;
c) An original or electronic or digital copy of a health certificate issued by a qualified medical facility;
d) Present the original for verification (in case of direct submission) or an electronic or digital copy or a copy (in case of submission through the postal service or via the online public service system) of the relevant certificates of master or chief engineer or certificates of competency or certified translations into Vietnamese (for certificates of master or chief engineer or certificates of competency issued by foreign authorities) to prove eligibility for issuance, reissuance, or conversion of the corresponding GCNKNCM or CCCM as stipulated in Articles 15, 16, and 17 of this Circular.
"2. Implementation procedures:"
The competent authority prescribed in Article 7 of this Circular shall receive, examine the documents, and process them as follows:
a) In cases where documents are submitted directly, if the documents are complete, a Receipt of Application will be issued and a date for result delivery will be scheduled according to the time limit specified in point c of this clause; if the documents are incomplete, they will be returned immediately and the individual or organization will be guided to complete the documents;
b) In cases where documents are received through the postal service or via the online public service system, if the documents are incomplete, within the shortest two (2) working days from the date of receipt of the documents, the competent authority prescribed in Article 7 of this Circular will guide the individual or organization to complete the documents (sent in writing or through the individual's or organization's account on the online public service system);
c) Within five (5) working days from the date of receiving valid documents and the applicant has paid the required fees, the competent authority prescribed in Article 7 of this Circular shall issue, reissue, or convert GCNKNCM or CCCM according to the provisions of this Circular."
5. Amend and supplement some contents of Article 27 of Circular No. 40/2019/TT-BGTVT (amended and supplemented by Article 9 of Circular No. 35/2020/TT-BGTVT) as follows:
a) Amend and supplement the introductory paragraph of Clause 1 as follows:
"1. Training institutions shall regularly report monthly to the competent authority prescribed in Clause 1, Article 7 of this Circular on the results of training seafarers, inland waterway vessel operators, and the work of issuing, reissuing, and converting certificates of seafarer competency and updating data on seafarer information within their assigned management scope into the database, detailed reports as follows:"
b) Amend and supplement the introductory paragraph of Clause 2 as follows:
"2. Regularly every month, the competent authority prescribed in Clause 1, Article 7 of this Circular shall report to the Vietnam Maritime Administration and Inland Waterways Administration on the results of training seafarers, inland waterway vessel operators, and the work of issuing, reissuing, and converting GCNKNCM and CCCM and updating data on seafarer information within their assigned management scope into the database, detailed reports as follows:"
6. Amend and supplement Point b of Clause 1, Article 29 of Circular No. 40/2019/TT-BGTVT as follows:
"b) Conduct inspections of seafarer training and inland waterway vessel operator training nationwide;"
7. Amend and supplement Clause 2, Article 29 of Circular No. 40/2019/TT-BGTVT as follows:
"2. The competent authority prescribed in Clause 1, Article 7 of this Circular:
a) Organize the implementation of this Circular;
b) Shall be subject to inspection and guidance on business operations by the Vietnam Maritime Administration and Inland Waterways Administration;
c) Print and distribute blank forms of GCNKNCM and CCCM within their jurisdiction according to the model prescribed in Appendix I attached to this Circular, ensuring that the blanks have security features, serial numbers, and are strictly managed and stored according to regulations."
8. Amend and supplement Point c of Clause 3, Article 29 of Circular No. 40/2019/TT-BGTVT (amended and supplemented by Point b of Clause 14, Article 1 of Circular No. 38/2023/TT-BGTVT) as follows:
"c) Shall be subject to inspection and guidance on business operations by the Vietnam Maritime Administration and Inland Waterways Administration; inspect, supervise, and guide the business operations of the competent authority prescribed in Clause 1, Article 7 of this Circular and other competent state agencies."
9. Replace the phrase "Ministry of Transport" with the phrase "Ministry of Construction" in Clause 2, Article 8 of Circular No. 40/2019/TT-BGTVT (amended and supplemented by Clause 3, Article 1 of Circular No. 38/2023/TT-BGTVT).
10. Replace the phrase "Vietnam Inland Waterways Administration" with the phrase "Vietnam Maritime Administration and Inland Waterways Administration" in Point a of Clause 3, Article 9; Clause 1, Article 12; Clause 1, Article 13; Clause 1, Article 24; Article 26; the introductory paragraph of Clause 1 and Point e of Clause 1, Article 29 of Circular No. 40/2019/TT-BGTVT (amended and supplemented by Point a of Clause 14, Article 1 of Circular No. 38/2023/TT-BGTVT).
11. Replace Appendix I attached to Circular No. 40/2019/TT-BGTVT with Appendix III attached to this Circular.
12. Repeal Point c of Clause 1, Article 29; Appendix XVII attached to Circular No. 40/2019/TT-BGTVT (supplemented by Clause 15, Article 1 of Circular No. 38/2023/TT-BGTVT).
1. Replacing certain contents of Circular No. 23/2018/TT-BGTVT as follows:
a) Replacing the phrase "Ministry of Transport" with the phrase "Ministry of Construction" in Clause 1, Clause 4, and Clause 5 of Article 5, Point b of Clause 1 and Point a of Clause 3 of Article 6, Clause 5 of Article 11, Clause 2 of Article 18, Clause 3 of Article 31, Point a, Point e, and Point f of Clause 4 of Article 32;
b) Replacing the phrase "Department of Traffic Safety (Ministry of Transport)" with the phrase "Department of Transport and Traffic Safety (Ministry of Construction)" in Point c of Clause 4 of Article 11;
c) Replacing the phrase "district level" with the phrase "commune level" in Point a of Clause 4 of Article 12; replacing the phrase "district level (city district level)" with the phrase "commune level" in Point a of Clause 4 of Article 23;
d) Replacing the phrase "commune, ward, district, province, centrally governed city" with the phrase "commune, ward, special administrative region, province, centrally governed city" in Point b of Clause 8 of Article 11, Point a of Clause 7 of Article 22.
2. Abolishing certain contents of Circular No. 23/2018/TT-BGTVT as follows:
a) Removing the phrase "district," from Appendix No. 2, Appendix No. 7 promulgated together with Circular No. 23/2018/TT-BGTVT;
b) Removing the phrase "district (city district)" from Appendix No. 3, Appendix No. 4, Appendix No. 5 promulgated together with Circular No. 23/2018/TT-BGTVT;
c) Removing the phrase "district/city district," from Appendix No. 6 promulgated together with Circular No. 23/2018/TT-BGTVT;
d) Removing the first and second items in Appendix No. 8 promulgated together with Circular No. 23/2018/TT-BGTVT.
Article 21. Replacing and abolishing certain phrases of Circular No. 26/2018/TT-BGTVT dated May 14, 2018, issued by the Minister of Transport on conditions, procedures, and formalities for connecting urban rail tracks and dedicated rail tracks to national rail tracks; connection of urban rail tracks (amended and supplemented by Circular No. 11/2023/TT-BGTVT dated June 28, 2023, issued by the Minister of Transport amending and supplementing certain articles of Circular No. 26/2018/TT-BGTVT dated May 14, 2018, issued by the Minister of Transport on conditions, procedures, and formalities for connecting urban rail tracks and dedicated rail tracks to national rail tracks; connection of urban rail tracks).
1. Replacing the phrase "Ministry of Transport" with the phrase "Ministry of Construction" in Clause 5 of Article 4 of Circular No. 26/2018/TT-BGTVT; Clause 1 of Article 7 of Circular No. 26/2018/TT-BGTVT (amended and supplemented at Clause 1 of Article 1 of Circular No. 11/2023/TT-BGTVT).
2. Removing the phrases "city district (district)" and "district (city district)," from Appendix 1, Appendix 2, Appendix 3, Appendix 4, Appendix 6; removing the phrase "district (city district)," from Appendix 5 promulgated together with Circular No. 26/2018/TT-BGTVT.
Article 22. Replacing and abolishing certain phrases of Circular No. 28/2018/TT-BGTVT dated May 14, 2018, issued by the Minister of Transport on connecting traffic lights on roads with signals on roads at level crossings, providing information to support warnings at intersections between roads and railways.
1. Replacing the phrase "General Department of Roads of Vietnam" with the phrase "Roads Administration of Vietnam" in Clause 1 of Article 10.
2. Removing the phrase "district (town)" from Appendix II promulgated together with Circular No. 28/2018/TT-BGTVT.
1. Amend and supplement Article 5 as follows:
"Article 5. State agencies authorized to issue, reissue, revoke, and cancel the Certificate of Registration for Railway Vehicles.
1. The Vietnam Railway Administration shall organize the issuance, reissuance, revocation, and cancellation of the Certificate of Registration for Railway Vehicles on national railways.
2. Provincial People's Committees with dedicated railways and urban railways shall organize the issuance, reissuance, revocation, and cancellation of the Certificate of Registration for Railway Vehicles on dedicated railways and urban railways."
2. Replace the phrase "Ministry of Transport" with the phrase "Ministry of Construction" in Clause 2 of Article 6, Point b of Clause 4 and Point c of Clause 6 of Article 13, and Clause 7 of Article 16.
3. Repeal Appendix II promulgated together with Circular No. 14/2023/TT-BGTVT.
Article 24. Amend and supplement some articles of Circular No. 29/2023/TT-BGTVT dated September 29, 2023, issued by the Minister of Transport on level crossings and construction permits for essential works within the land reserved for railways.
"10. The registered port of the ship includes Haiphong, Da Nang, and Ho Chi Minh City. The ship owner selects one registered port to register the ship in accordance with the regulations."
"10. The road management agency is the specialized agency under the Ministry of Construction responsible for performing state administrative functions; specialized agencies under provincial people's committees and commune-level people's committees."
2. Amend and supplement Clause 4 of Article 37 as follows:
"4. Ensuring investment capital for construction, upgrading, renovation, management, and maintenance of level crossings:
a) For public level crossings on national railways funded by state capital, after the Vietnam Railway Administration issues the construction permit, upgrade, and renovation, upon completion of the level crossing, the investor shall hand over the project to the Ministry of Construction for organization of management, maintenance, and operation;
b) For public level crossings on national railways funded by state capital, after the provincial people's committee issues the construction permit, upgrade, and renovation, upon completion of the level crossing, the provincial people's committee shall organize management, maintenance, and operation;
c) For level crossings constructed with other sources of funding, after the provincial people's committee issues the construction permit, upgrade, and renovation, upon completion of the level crossing, the organization proposing the construction of the level crossing must ensure funds for management, maintenance, and protection of the level crossing."
3. Amend and supplement Article 41 as follows:
"Article 41. Authority to issue, extend, revoke, and cancel construction permits for level crossings; decision to abolish level crossings
1. The Vietnam Railway Administration shall issue, extend, revoke, and cancel construction permits for level crossings and make decisions to abolish level crossings for public level crossings on national railways managed and maintained by the Ministry of Construction.
2. Provincial People's Committees shall issue, extend, revoke, and cancel construction permits for level crossings and make decisions to abolish level crossings for dedicated level crossings built on national railways and public level crossings managed and maintained by provincial people's committees."
4. Supplement Clause 5 after Clause 4 of Article 57 as follows:
"5. Organize management, maintenance, and maintain operational status of public level crossings on national railways according to Clause 1, Clause 2, Clause 3, and Clause 4 of Article 30 of this Circular for level crossings for which they have issued construction permits, upgrades, and renovations."
5. Amend and supplement Clause 2 of Article 58 as follows:
"2. Manage, maintain, and maintain operational status of public level crossings on national railways according to Clause 1, Clause 2, Clause 3, and Clause 4 of Article 30 of this Circular, except for level crossings for which construction permits, upgrades, and renovations were issued by provincial people's committees."
6. Replace some contents of Circular No. 29/2023/TT-BGTVT as follows:
a) Replace the phrase "People's Committee of the district" with the phrase "People's Committee of the commune" at Point c of Clause 2 of Article 11, Point a of Clause 2 of Article 40, and Point d of Clause 2 of Article 49;
b) Replace the phrase "Ministry of Transport" with the phrase "Ministry of Construction" at Point c of Clause 2 of Article 11, and Point a of Clause 7 of Article 40;
c) Replace the phrase "connecting districts" with the phrase "connecting communes" in the guidance for filling out the Application Form in Appendix IX promulgated together with Circular No. 29/2023/TT-BGTVT;
d) Replace the phrase "belonging to the district" with the phrase "belonging to the commune" in the guidance for filling out the Application for Construction Permit in Appendix XIII and the guidance for filling out the Permit in Appendix XIV promulgated together with Circular No. 29/2023/TT-BGTVT.
7. Repeal some contents of Circular No. 29/2023/TT-BGTVT as follows:
a) Remove the phrase "district roads" from Clause 1 of Article 3, Point c of Clause 1 of Article 6, Point c of Clause 5 of Article 30, Clause 3 of Article 41, Clause 1 and Clause 2 of Article 56, and Appendix I promulgated together with Circular No. 29/2023/TT-BGTVT;
b) Remove the phrase "district" from Clause 2 of Article 29;
c) Remove the phrase "District (Quarter)" and Column (5) in the table in Section B of Appendix V promulgated together with Circular No. 29/2023/TT-BGTVT;
d) Remove the phrase "district" in the guidance for filling out the Application Form in Appendix VII promulgated together with Circular No. 29/2023/TT-BGTVT.
Article 25. Replacing some contents of Circular No. 16/2024/TT-BGTVT dated May 30, 2024, issued by the Minister of Transport on certain matters regarding the selection of investors to implement investment projects for rest area construction works.
1. Replace the phrase "Ministry of Transport" with the phrase "Ministry of Construction" in Article 1 and Article 2.
2. Replace the phrase "People's Committee of district and commune levels" with the phrase "People's Committee of commune level" at Point 3, Section 1, Appendix II promulgated together with Circular No. 16/2024/TT-BGTVT.
3. Replace the phrase "district administrative unit" with the phrase "commune administrative unit" at Point 2, Section 3, and Point 6, Section 4, Appendix II promulgated together with Circular No. 16/2024/TT-BGTVT.
Article 26. Amending and supplementing some articles of Circular No. 38/2024/TT-BGTVT dated November 15, 2024, issued by the Minister of Transport on speed limits and safe distances for motor vehicles participating in road traffic.
1. Amend and supplement Clause 3, Article 10 as follows:
"3. The competent authority deciding to place warning signs for cases stipulated in Clause 2 of this Article includes:
a) Vietnam Highway Administration for expressways managed by the Ministry of Construction; expressways managed, operated, and exploited by enterprises assigned by the State; national highways and other roads under the management of the Ministry of Construction;
b) People's Committees of provinces and centrally governed cities for expressways, national highways, provincial roads, commune roads, village roads, urban roads, and public transport dedicated roads under their management."
2. Replace the phrase "People's Committee of district level" with the phrase "People's Committee of commune level" in Clause 4, Article 10.
Article 27. Replacing some contents of Circular No. 40/2024/TT-BGTVT dated November 15, 2024, issued by the Minister of Transport on disaster prevention, response, and aftermath mitigation work in the field of road transport.
1. Replace the phrase "Civil Defense Command Board of district level" with the phrase "Civil Defense Command Board of commune level" at Subpoint d, Clause 2, Article 7; Clause 6, Article 9; Clause 3, Article 11; Subpoint b, Clause 2 and Subpoint a, Clause 3, Article 14; Subpoint h, Clause 3, Article 16.
2. Replace the phrase "People's Committee of district level" with the phrase "People's Committee of commune level" in Clause 6, Article 9; Subpoint h, Clause 3, Article 16; Subpoint c, Clause 3, Article 17.
3. Replace the phrase "Ministry of Transport" with the phrase "Ministry of Construction" in Clause 4, Article 9; Subpoint a, Clause 1, Article 10; Subpoint c, Clause 2, Article 11; Subpoint a and Subpoint c, Clause 2, Article 13; Clause 3, Article 15; Subpoint b, Clause 1; Subpoint a, Clause 3 and Subpoint a, Clause 4, Article 17; Clause 1 and Subpoint d, Clause 4, Article 22; Clause 1, Article 23.
4. Replace the phrase "Department of Transport" with the phrase "Department of Construction" in Clause 4, Article 9; Subpoint a, Subpoint c, Clause 2 and Clause 3, Article 11; Subpoint b, Clause 2 and Subpoint c, Clause 3, Article 17; Clause 1, Article 22; Clause 2, Article 23.
Article 28. Replacing and abolishing some phrases of Circular No. 41/2024/TT-BGTVT dated November 15, 2024, issued by the Minister of Transport on the management, operation, exploitation, and maintenance of road infrastructure.
1. Replace the phrase "Ministry of Transport" with the phrase "Ministry of Construction" at Subpoint a, Clause 2 and Clause 5, Article 3; Subpoint a, Clause 2, Article 4; Clause 4, Article 7; Subpoint a, Clause 2, Clause 3, and Clause 4, Article 9; Subpoint a, Clause 2, Article 10; Subpoint a, Clause 3 and Clause 4, Article 15; Item 1.6, Part I, Appendix IV promulgated together with Circular No. 41/2024/TT-BGTVT.
2. Replace the phrase "Department of Transport" with the phrase "Department of Construction" in Clause 3, Article 5.
3. Remove the phrase "People's Committee of district level," in Clause 3, Article 5.
Article 29. Replacing and Revoking Certain Provisions of Circular No. 52/2022/TT-BGTVT dated December 30, 2022, issued by the Minister of Transport on Environmental Protection in Civil Aviation Activities
1. Replace the phrase "Ministry of Transport" with the phrase "Ministry of Construction" in Clause 2, Article 3; Clause 2, Article 4; Point h, Clause 3, Article 14; and Clause 3, Article 16.
2. Replace the phrase "Ministry of Agriculture and Rural Development" with the phrase "Ministry of Agriculture and Environment" in Clause 1, Article 15.
3. Remove the phrase "District Disaster Prevention and Control Command" in Point b, Clause 3, Article 14.
Article 30. Amending and Supplementing Certain Articles of Circular No. 64/2011/TT-BGTVT dated December 26, 2011, issued by the Minister of Transport on Measures for Energy Saving and Efficiency in Transportation Activities
1. Amending and supplementing Article 7 as follows:
"Article 7. Responsibilities of Departments
1. Department of Science, Technology, Environment, and Building Materials
a) Urging, supervising, and compiling the implementation status of laws on energy saving and efficiency in transportation activities, annually reporting to the Ministry's leadership on the results of implementation;
b) Advising and proposing the combination of financial resources to implement research projects applying science and technology, new energy applications to enhance energy efficiency in transportation activities according to current regulations.
2. Department of Transport and Traffic Safety
Advising and proposing mechanisms and policies to encourage the development of public transport; measures to regulate transport demand among different modes of transport; limiting vehicles with low capacity and high fuel consumption; promoting the development of transport modes using energy-saving and efficient methods.
3. Vietnam Vehicle Inspection Agency
a) Drafting and submitting to the Ministry of Construction for promulgation national technical standards on fuel consumption for certain types of transportation vehicles suitable for each period as stipulated in Point a, Clause 4, Article 33 of Decree No. 21/2011/NĐ-CP of the Government;
b) Organizing testing, certification of fuel consumption levels according to national technical standards for types of transportation vehicles produced, assembled, and imported.
4. Vietnam Highway Administration, Vietnam Civil Aviation Authority, Vietnam Maritime and Inland Waterway Administration, Vietnam Railway Administration:
a) Implementing energy-saving and efficient measures in organizing and managing transportation systems according to their respective levels;
b) Organizing inspections and supervision of the implementation of regulations on energy-saving and efficient use by units under their management; annually reporting to the Ministry of Construction on the results of implementation.
5. Provincial Construction Departments
a) Organizing traffic guidance and diversion to reduce congestion and travel distance; developing and enhancing the efficiency of public transport routes; promoting non-motorized transport (pedestrian streets; bicycle lanes...) based on local conditions;
b) Implementing energy-saving and efficient measures in organizing and managing transportation systems, vehicle management according to their respective levels; reporting to the Ministry of Construction on the results of implementing state management regulations on energy-saving and efficient use in transportation activities at the local level;
c) Conducting safety and environmental protection inspections; checking compliance with vehicle usage age limits prescribed by competent state authorities."
2. Replace the phrase "Ministry of Transport" with the phrase "Ministry of Construction" in Clause 2 and Clause 3, Article 6; replace the phrase "Department of Transport" with the phrase "Department of Construction" in Clause 2, Article 6.
Article 31. Effective date
Article 32. Responsibilities of Agencies
Article 32. Responsibilities of agencies
1. Ministry of Construction
a) Guide the People's Committee of the province to implement tasks as prescribed in this Circular;
b) Carry out inspection and supervision over tasks that have been delegated to local authorities in accordance with the law.
2. People's Committees at all levels
a) The People's Committee of the province shall be responsible for allocating resources and conditions to organize the implementation of tasks as prescribed in this Circular; direct and guide the People's Committee of the commune to perform their duties and powers as prescribed. In case of difficulties or issues arising during the implementation process, report to the Ministry of Construction for timely resolution and removal;
b) The People's Committee of the commune shall be responsible for organizing the implementation of assigned tasks and powers as stipulated in this Circular.
1. Documents and papers issued and granted by competent authorities before July 1, 2025, which remain valid or within their validity period, shall continue to be applied and used according to the law until they expire or are amended, supplemented, replaced, abolished, revoked, or recalled by the authority receiving the functions, tasks, and powers or by the competent authority.
1. Documents and papers issued and granted by competent authorities before July 1, 2025, which remain valid or within their usage period, shall continue to be applied and used in accordance with the law until their expiration or modification, supplementation, replacement, abolition, revocation, or recovery by the authority receiving the functions, tasks, and powers or by the competent authority.
2. Regarding administrative procedures and files related to two-level government:
Administrative procedures and files of units under the local government at the district level that are being processed for individuals, organizations, and businesses, if not completed by July 1, 2025, or completed before July 1, 2025 but require further handling due to subsequent issues, the Chairman of the People's Committee of the province has the authority and responsibility to assign units under the local government at the commune level where the individual resides or where the organization or business's transaction office is located to continue processing to ensure uninterrupted work and no impact on normal social activities, citizens, and businesses; in cases where the content of the administrative procedures and files involves two or more newly formed communes or is complex, the Chairman of the People's Committee of the province has the authority and responsibility to directly handle or assign specialized agencies or other administrative agencies under his own People's Committee to continue processing to ensure uninterrupted work and no impact on normal social activities, citizens, and businesses.
3. Regarding administrative procedures and files related to the delegation of tasks and powers:
Administrative procedures and files received by the competent authority before July 1, 2025, shall continue to be handled by the authority that received them according to the legal regulations at the time of receipt. If the file is returned for completion, it shall be sent to the agency designated in this Circular to continue processing the administrative procedure according to this Circular.
4. Transitional provisions for the content stipulated in Article 6 of this Circular:
a) For water supply projects with a service area spanning the administrative boundaries of two or more communes, the People's Committee of the province is the competent authority in the agreement to implement water supply services already signed with the water supplier;
b) For water supply projects with a service area within the administrative boundary of one commune, the People's Committee of the commune is the competent authority in the agreement to implement water supply services already signed with the water supplier.
5. Transitional provisions for the content stipulated in Article 10 of this Circular.
a) The classification level of construction projects within investment construction projects decided upon before July 1, 2025, shall be determined according to the legal provisions at the time of the investment decision.
b) In cases where construction projects or works have been submitted to specialized construction agencies for feasibility study reports or design approval before July 1, 2025, and meet the conditions for approval, the classification of the project and its application in managing investment construction activities shall be determined according to the legal regulations at the time of submission for approval;
c) In cases where construction works have design changes before July 1, 2025, without altering the level of importance, capacity scale, or structural scale, the project classification shall be determined according to the legal regulations at the time of investment decision; in cases where construction works have design changes before July 1, 2025, altering the level of importance, capacity scale, or structural scale, the project classification shall be determined according to this Circular.
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Place of Receipt: - The Minister of Construction; - Deputy Ministers of Construction; |
KT. THE MINISTER
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