Decree No. 123/2025/NĐ-CP detailing technical overall design and special mechanisms for certain railway projects

DECREE

Detailed regulations on overall technical design

and special mechanisms for certain railway projects

^__________

Pursuant to the Law on Government Organization dated February 18, 2025; 0In the year 2025;

Pursuant to the Law on Local Administration Organization dated February 19, 2025; 0In the year 2025;

Pursuant to the Law on Legislative Documents promulgation dated December 19, 2024 of the National Assembly regarding the investment orientation of the high-speed railway project from North to South; of the Government stipulating the functions, tasks, powers, and organizational structure of2 year 2025;

Pursuant to the Law on Issuing Legal Normative Documents dated February 19, 2025; the 11 year Pursuant to Resolution No. 187/2025/QH15 dated February 19, 2025 of the National Assembly on the investment orientation for the Lào Cai - Hà Nội - Hải Phòng high-speed railway project; Pursuant to Resolution No. 172/2024/QH15 dated November 30, 2024 of the National Assembly on the investment policy for the high-speed railway project from North to South;

This Decree specifies certain provisions and provides guidance on the content, procedures, formalities, and authorities for implementing special mechanisms and policies, particularly those stipulated in the National Assembly's Resolutions on railway projects, specifically: the 02 year Pursuant to Resolution No. 187/2025/QH15 dated February 19, 2025 of the National Assembly on the investment policy for the construction of the railway line from Lao Cai to Ha Noi to Hai Phong; 2. Resolution No. 187/2025/QH15 dated February 19, 2025 of the National Assembly on the investment orientation for the construction of the Lào Cai - Hà Nội - Hải Phòng railway line (hereinafter referred to as Resolution No. 187/2025/QH15);

Pursuant to Resolution No. 188/2025/QH15 dated February 19, 2025 of the National Assembly on piloting some special mechanisms and policies to develop urban railway systems in Hanoi and Ho Chi Minh City; the 02 year Detailed regulations on overall technical design and special mechanisms for certain railway projects

At the proposal of the Minister of Construction;

The Government issues this Decree This Decree provides detailed provisions and guidance on the content, procedures, formalities, and authorities for implementing special mechanisms and policies at the projects specified in the National Assembly Resolutions, specifically:.

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

a) Provisions concerning the establishment, rights, and responsibilities of the State Appraisal Council;

1. Resolution No. 172/2024/QH15 dated November 30, 2024 of the National Assembly on the investment policy for the high-speed railway project from North to South (hereinafter referred to as Resolution No. 172/2024/QH15):

a) Point a, b Clause 4 Article 3 regarding the planning of areas adjacent to railway stations;

b) Clause 9 Article 3 regarding the division of project components;

c) Point b Clause 10 Article 3 regarding project adjustments;

d) Clause 13 Article 3 regarding the use of FEED design instead of basic design in the feasibility study report for construction investment;

đ) Point a Clause 14 Article 3 regarding the proposal file for changing the purpose of forest land use to other purposes as part of the feasibility study report for construction investment of the project;

e) Clause 15 Article 3 regarding the establishment of total investment amount and tender package budget;

g) Clause 16 Article 3 regarding the implementation of activities before the investment decision;

h) Clause 19 Article 3 entrusting the Government to issue a Decree to provide detailed provisions on the content, procedures, formalities, and authorities for implementing special mechanisms and policies of the project.

7. For urban railway projects that have completed basic design and front-end engineering design (FEED) before this Decree takes effect, if there is a need to update or adjust the previously completed FEED, the consultancy shall propose supplementary tasks for surveying (if necessary).

2. Resolution No. 187/2025/QH15 dated February 19, 2025 of the National Assembly on the investment policy for the construction of the railway line from Lao Cai to Ha Noi to Hai Phong (hereinafter referred to as Resolution No. 187/2025/QH15):

a) Point a, b Clause 3 Article 3 regarding the planning of areas adjacent to railway stations;

b) Point b Clause 8 Article 3 regarding project adjustments;

c) Point a Clause 11 Article 3 regarding the proposal file for changing the purpose of forest land use to other purposes as part of the feasibility study report for construction investment of the project;

d) Clause 12 Article 3 regarding the establishment of total investment amount and tender package budget;

đ) Clause 15 Article 3 regarding the simultaneous implementation of feasibility study report preparation, review, approval, design construction deployment after basic design, tender documents, request documents;

e) Clause 16 Article 3 regarding the application of direct award for tenders under the project;

g) Clause 18 Article 3 entrusting the Government to issue a Decree to provide detailed provisions on the content, procedures, formalities, and authorities for implementing special mechanisms and policies of the project.

3. Implementation measures for the National Assembly Resolutions for railway projects are stipulated in this Decree include:

a) Provisions on the establishment, rights, and responsibilities of the State Appraisal Council;

b) Provisions on the preparation, review, approval, and decision to adjust urban railway projects, urban railway projects according to the TOD model following the procedures and formalities of group A projects managed by localities and not requiring the completion of procedures related to the investment policy decision according to relevant laws as stipulated in Clause 1, Point a Clause 2 Article 5 of Resolution No. 188/2025/QH15 dated February 19, 2025 of the National Assembly on piloting some special mechanisms and policies to develop urban railway systems in Hanoi and Ho Chi Minh City (hereinafter referred to as Resolution No. 188/2025/QH15);

c) Provisions on construction survey, preparation, review, approval of projects when using FEED design instead of basic design in the feasibility study report for construction investment; design construction deployment after FEED design; division of project components, establishment of total investment amount, tender package budget, pre-investment activity cost budget for urban railway projects, urban railway projects according to the TOD model as stipulated in Point b Clause 2, Clause 3, Clause 4 Article 5, Clause 4 Article 4 of Resolution No. 188/2025/QH15;

d) Selection of contractors to implement contracts based on FEED design: engineering-procurement-construction (EPC) contract; engineering-construction (EC) contract; engineering-procurement (EP) contract;

đ) Management of EPC, EC, EP contracts;

e) Qualification conditions for construction activities of organizations and individuals participating in the project;

g) Strengthening the Project Management Board;

Article 2. Applicability

1. This Decree applies to domestic agencies, organizations, and individuals; foreign organizations and individuals engaged in investment construction activities in Vietnam in implementing national railway projects of significant importance decided by the National Assembly under Resolution No. 172/2024/QH15, Resolution No. 187/2025/QH15; urban railway projects in Hanoi and Ho Chi Minh City pursuant to Resolution No. 188/2025/QH15.

2. For projects using official development assistance (ODA) funds and preferential foreign loans implemented according to this Decree and laws on managing and utilizing ODA funds and preferential loans from foreign sponsors. In cases where this Decree does not have provisions or has provisions different from those of the sponsor, the sponsor's provisions shall apply.

3. It is encouraged to apply the provisions of this Decree for national railway projects, urban railway projects, and urban railway projects following the TOD model using other lawful sources of capital.

Article 3. Explanation of Terms

In this Decree, the following terms are understood as follows:

1. Front-End Engineering Design (FEED), hereinafter referred to as FEED design, is a design step established according to international practices for projects with technological designs to concretize requirements regarding technical solutions, technical parameters of main equipment and materials used, construction solutions to implement the next design step.

2. Mid-term report is a report carried out during the preparation of the Feasibility Study Report for Investment Construction Projects to analyze and evaluate project input factors, propose options to select the optimal solution regarding technology, route direction, and control point locations, main works' positions along the route, primary standards applicable to the project, and anticipated division of project components.

3. Technical solution is a collection of operational methods, procedures, and principles of machinery, means, and equipment of the railway system; serving as a basis for determining applicable standards and organizing implementation to ensure synchronization in operation and exploitation.

4. Project preparation consulting support is an organization selected by the investor in accordance with the law to perform certain tasks within the investor's responsibilities and tasks required by the project management authority during the Feasibility Study Report for Investment Construction Project preparation phase, review, and approval of the project.

5. Surrounding station area planning is a plan established for areas adjacent to railway stations belonging to the North-South High-Speed Railway Project and the Lao Cai-Hanoi-Hai Phong Railway Investment Construction Project within the scope and boundaries determined by the provincial People's Committee. The surrounding station area planning is carried out according to regulations on functional district planning under urban and rural planning laws and the provisions of this Decree.

Article 4. Principles and general provisions on project implementation

2. Establishment, review, and approval of projects, construction designs; contractor selection; contract management must ensure transparency, compliance with anti-corruption, waste, and negative practice regulations.

3. Application of Building Information Modeling (BIM) for projects; encouragement of integration of data from Geographic Information Systems (GIS), Asset Information Management (AIM) systems, and Digital Twins, simulation, and evaluation of option selection, project operation management, modern technologies, and digital technologies in surveying, designing, and construction.

4. For projects that establish FEED design instead of basic design in the Feasibility Study Report for Investment Construction Projects, construction design shall be carried out in two steps including FEED design and subsequent construction design (detailed design according to international practices or construction drawings), ensuring technical requirements and applicable standards.

5. Projects shall be carried out concurrently, simultaneously, combining contents of preparatory work stages as prescribed in this Decree to accelerate project implementation, but it is necessary to ensure completion order and the overall consistency of the project.

6. Preparation of the Feasibility Study Report for Investment Construction Projects and planning of surrounding station areas, TOD area planning for urban railway lines must be closely coordinated to ensure spatial and traffic connections reasonably. In cases where FEED design implementation leads to changes in station boundaries, the investor needs to promptly notify the agency or organization responsible for planning surrounding station areas, TOD area planning to update and adjust accordingly.

7. Projects may hire foreign consultants to carry out project preparation support, project management, feasibility study report preparation and review, construction supervision, system safety assessment, legal advice, and other consulting services as decided by authorized persons.

8. In addition to construction surveying work; preparation and review of the Feasibility Study Report for Investment Construction Projects and other necessary preparatory work specified in Chapters II, III, and IV of this Decree; activities carried out earlier as stipulated in Clause 16, Article 3 of Resolution No. 172/2024/QH15 and Clause 4, Article 4 of Resolution No. 188/2025/QH15 shall be prepared, reviewed, and approved as follows:

a) The investor or the agency or organization entrusted with preparing the budget for activities carried out earlier shall submit the budget for review and approval by the competent authority.

b) Costs for work in compensation and resettlement support activities shall be implemented in accordance with the law on compensation and resettlement support.

c) The costs of the project investor, the Project Management Board (including construction costs for headquarters offices, on-site offices, procurement of equipment and facilities, training) to implement preparatory activities shall be determined by preparing a budget consistent with the assigned tasks, scope, and content of work to be carried out. These costs shall be advanced from the project management fee;

d) The budget for the costs of preparatory activities approved according to point a of this clause shall be updated into the total investment ceiling when authorized by the competent authority;

đ) Based on the decision approving the budget estimate, the agency responsible for preparing the budget estimate shall report to the competent authority to allocate funds from the central and local budgets in the medium-term public investment plan and the annual public investment plan;

9. Projects currently being implemented that fall within the list of projects applying special mechanisms, particularly as stipulated in Resolution No. 188/2025/QH15, may use counterpart funds to continue implementing project works in cases where there is a requirement to change, suspend ODA and preferential foreign loans to meet the project's schedule requirements. The implementation of procedures regarding project funding sources and project adjustments must comply with relevant laws;

Article 5. Principles for Applying Technical Standards and Regulations

1. Construction design must comply with applicable technical standards and regulations for the project. The application of international standards, regional standards, and foreign standards (hereinafter referred to as foreign standards) must ensure compatibility with related standards applied to the project and be suitable for actual conditions in Vietnam;

2. The selection and application of standards for railway projects as prescribed in this Decree shall be carried out as follows:

a) Standards applicable to high-speed railway projects along the North-South axis must be reviewed and approved by the investment decision-maker during the preparation of the Feasibility Study Report for investment and construction; they must be reflected in the project approval decision or in a separate document;

b) Standards applicable to the Lao Cai - Hanoi - Haiphong railway line shall be implemented according to the agreement between the two governments regarding the technical assistance project and must be appropriate to actual conditions in Vietnam;

c) Technical standards and regulations applicable to urban rail networks in Hanoi and Ho Chi Minh City shall be selected and applied by the People's Committee of the city through a written decision after obtaining the unified opinion of the Ministry of Construction. The Ministry of Construction shall provide comments on the content proposed by the People's Committee within a maximum period of 20 days from the date of receipt of complete files, documents, and request letters from the People's Committee;

d) During the implementation of the project, if necessary, the project investor may propose changes or additions to the applicable standards provided that such changes or additions do not alter the contents requiring project adjustments and must be approved by the project supervising agency;

3. For urban railway projects that have completed the Front End Engineering Design (FEED) before this Decree takes effect, if there is a need to update or adjust the FEED design during project implementation, it is necessary to review, update, and supplement the applicable standards for the project based on the principles set forth in this Article and to ensure economic and technical requirements of the project;

Chapter II
PROVISIONS SPECIFIC TO RAILWAY PROJECTS

HIGH-SPEED ON THE NORTH-SOUTH AXIS

Section 1
CONSTRUCTION STUDIES TO SERVE THE PREPARATION OF THE INVESTMENT FEASIBILITY REPORT

INVESTMENT FEASIBILITY CONSTRUCTION STUDIES

Article 6. Tasks and technical survey plans

1. The construction survey tasks serving the preparation of the Feasibility Study Report for investment in construction projects shall be prepared by the consulting firm supporting project preparation and submitted to the investor for approval.

2. Construction survey tasks must meet the requirements and level of detail according to each stage of the Feasibility Study Report for investment in construction projects as stipulated in Clause 2 of Article 12 and Clause 2 of Article 13 of this Decree, without exceeding the scope of surveys established for the technical design phase. The geological survey content for the mid-term report should be equivalent to the content for the basic design phase.

3. Construction survey tasks include the following contents:

a) Purpose of construction survey;

b) Scope of construction survey;

c) Requirements for applying technical standards and regulations on construction surveys; application of foreign standards (if any);

d) Preliminary volume of various types of construction survey works, construction survey budget estimate (if any);

đ) Timeframe for conducting construction surveys.

4. Adjusted construction survey tasks may be reviewed and approved by the investor in the following cases:

a) During the implementation of construction surveys, if the survey contractor discovers unusual factors that may directly affect design solutions or when changes in design tasks require additional construction survey tasks;

b) During the design process, if the project preparation consultant finds that the construction survey tasks or survey reports do not meet design requirements;

c) During construction, if unusual geological or hydrogeological factors are discovered that do not meet the approved construction survey tasks by the investor or the design consultant, which could impact the quality of construction works and construction methods.

5. The construction survey contractor shall prepare the technical survey plan. The project preparation consulting firm shall review the technical construction survey plan, confirm it, and submit it to the investor for approval.

6. The investor is responsible for organizing the review and approving the construction survey tasks and technical survey plans in writing or directly at the construction survey tasks and technical survey plans.

7. The technical survey plan includes the following contents:

a) Basis for preparing the technical survey plan;

b) Components and volume of construction survey works;

c) Survey methods, equipment, and laboratories used;

d) Applied technical standards and regulations on construction surveys;

đ) Implementation organization and quality control measures of the construction survey contractor;

e) Schedule;

g) Safety measures for personnel, equipment, technical infrastructure works, and other construction works within the survey area; environmental protection and landscape preservation measures within the survey area and restoration after completion of the survey.

Article 7. Contents and requirements for construction survey results

1. The content of the construction survey result report must comply with the provisions of construction laws, technical standards, and applicable standards, ensuring sufficient information for the mid-term report and the Feasibility Study Report for investment in construction, including:

a) Basis for implementing construction surveys;

b) Survey procedures and methods;

c) Overview of the location and natural conditions of the construction survey area, characteristics, scale, and nature of the works;

d) Volume of completed construction surveys;

đ) Survey results and data after testing and analysis;

e) Evaluation opinions, notes, recommendations (if any);

g) Conclusions and recommendations;

h) Attached appendices.

2. The construction survey result report for the mid-term report must contain sufficient information for preliminary analysis and assessment of environmental impacts, community effects, and land clearance impacts along the proposed railway route, serving as a basis for route and work selection.

3. The construction survey result report for the entire Feasibility Study Report for investment in construction projects must evaluate related changes in the geological strata, provide forecasts and recommend measures to control geological risks during construction and operation; determine areas for solid waste disposal sites for the project.

4. The content of the survey results must be integrated into the project's Building Information Modeling (BIM) model according to the agreed standards stated in the relevant parties' contract. Survey data in the BIM model must ensure accuracy and completeness, serving the Front End Engineering Design (FEED) process.

Article 8. Approval of the Construction Survey Result Report

1. The project investor shall be responsible for approving the Construction Survey Result Report in writing or directly at the Construction Survey Result Report. The project investor may engage consultants to support the preparation of the project to review the Construction Survey Result Report as the basis for approval.

3. The Construction Survey Result Report is a component of the completion dossier of the project and must be stored according to regulations.

Section 2
PREPARATION OF FEED DESIGN AND STUDY REPORT

INVESTMENT FEASIBILITY CONSTRUCTION STUDIES

Article 9. Tasks of FEED Design Preparation

1. For projects implementing FEED design instead of basic design in the Feasibility Study Investment Construction Report, the design task shall be prepared by the consultant supporting the project preparation and submitted for approval by the project investor.

2. The design task must comply with the investment construction policy, serving as the basis for preparing the FEED design.

3. The design task includes the following main contents:

a) Basis for preparing the design task;

b) Objectives and location of the construction project;

c) Requirements regarding scale, functional use, proposed standards, planning, landscape, and architecture of the project;

d) Technical requirements for the system equipment and facility technology options; construction works and other technical requirements;

đ) Cost requirements, direction of measures, overall construction plan, and project risk management;

e) Requirements for connection schemes and interfaces between project components and system equipment (hereinafter referred to as system interface); connection schemes between railway systems and adjacent areas; assessment of impacts on existing works;

g) Requirements for organization schemes, operation procedures, exploitation, maintenance, and repair of the works;

h) Requirements and guidance for subsequent construction design implementation after FEED design and guidance on construction, supervision, and acceptance (hereinafter collectively referred to as FEED design technical guidance);

i) Requirements for information level in the project's BIM model;

k) Other necessary requirements of the project.

4. The design task shall be modified and supplemented to meet actual conditions to ensure efficiency and project usage requirements. The project investor decides on the modification and supplementation of the design task in writing.

Article 10. Requirements and Specifications of FEED Design

1. The FEED design must meet the requirements set out in the approved design task; comply with the content of the approved investment policy.

2. The FEED design must comply with selected standards, regulations on the use of construction materials; ensure safety in construction, installation, and use; ensure environmental protection requirements, climate change response, fire prevention and explosion control, and other safety conditions.

3. Design solutions must have comparisons and evaluations to ensure feasibility and effectiveness.

4. The content of the FEED design must reflect the overall structure of the railway system and system interfaces; determine key information, parameters, dimensions, and materials of major works, project components, systems, and equipment; provide sufficient basis to determine the total investment amount, tender budget, and subsequent construction design implementation steps.

5. The accompanying project information model (BIM) in the FEED design must meet the information level requirements according to the consultancy contract for preparing the Feasibility Study Investment Construction Report, using original format along with open format.

6. The specifications of the FEED design dossier are specifically defined as follows:

a) The FEED design dossier is prepared for each work including design description, design drawings, FEED design technical guidance, and related documents;

b) FEED design drawings must have size and title block; each drawing title block must have the name and signature of the direct designer, design checker, design leader, and chief designer; signed and stamped by the consultant preparing the project and FEED design;

c) The form of the FEED design dossier is implemented according to the provisions of the contract signed between the project preparation consultant and the project investor; must ensure long-term retrieval and preservation.

Article 11. Preparation of the Feasibility Study Report for Investment Construction

1. Based on the approved design assignment, the project consultancy shall prepare the Feasibility Study Report for Investment Construction of the project, including: preparing the Mid-term Report according to the contents stipulated in Article 12 of this Decree and completing the entire Feasibility Study Report for Investment Construction of the project in accordance with the provisions of Article 13 of this Decree.

3. On the basis of the approved Mid-term Report, the project consultancy shall complete all contents of the Feasibility Study Report for Investment Construction to organize the appraisal and investment decision for the project.

4. The route plan and control point locations, as well as the main construction works' locations along the route, as approved in the Mid-term Report, serve as the basis for localities to implement land clearance work for the project.

5. In cases where certain component projects are prioritized for early implementation as determined in the Mid-term Report, the Feasibility Study Report for Investment Construction of such component projects shall be prepared concurrently with that of the entire project and submitted for appraisal and approval of the component project before the overall project is approved. The authority to appraise and approve the component project shall be carried out in accordance with the laws governing component projects. The content of the appraisal of the component project is stipulated in Article 18 of this Decree.

7. During the preparation of the Feasibility Study Report for Investment Construction, based on technical requirements and the need for construction materials, the project investor shall organize the preparation of geological survey files for construction materials serving the project in accordance with the laws on geology and minerals, serving as the basis for determining mineral deposits, reporting to the People's Committee to decide on adjustments to reserves, extension of exploitation periods, increase in capacity, or adjustments and supplements to the geological and mineral management plans in provincial planning.

Article 12. Contents of the Mid-term Report of the Feasibility Study Report for Investment Construction

1. General description of the Mid-term Report includes:

a) General information about the project and its location;

b) Analysis and evaluation of technological schemes, route schemes, and main construction work locations along the route;

c) Estimated total investment cost as stipulated in Article 22 of this Decree;

d) Preliminary assessment of economic and social effectiveness; project implementation schedule, risk factors;

đ) Proposal for selecting the optimal scheme: technological scheme, route direction, control point locations, main construction work locations along the route, and primary standards applicable to the project;

e) Proposal regarding the division of component projects, sub-projects, implementation schedule of component projects, and determination of component projects prioritized for early implementation before the overall project is approved (if any).

2. The Front End Engineering Design (FEED) file in the Mid-term Report mainly includes the following contents:

a) Analysis and evaluation of the economic and social efficiency in investment, operation, and risks associated with some technological schemes and equipment, serving as the basis for proposing the technological scheme for the project;

b) Description of the efficiency and feasibility of selecting the route direction and control point locations, main construction work locations along the route;

c) Scheme for connecting with important traffic nodes, functional zones, and urban areas;

d) Preliminary proposal for dividing component projects (if any);

đ) Drawings and accompanying descriptions include: overall structure description of the railway system; selected technological scheme; drawings showing the route direction and control point locations, main construction work locations along the route;

e) Construction Information Model (BIM).

Article 13. Contents of the Feasibility Study Report for Investment Construction

1. The general description of the Feasibility Study Report for Investment Construction includes the contents approved in the Mid-Term Report and the following contents:

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

b) Factors ensuring the implementation of the project regarding resource utilization, labor utilization, and implementation time;

c) Scheme for dividing the project into sub-projects and phased investment;

d) Proposal for the overall plan to select contractors, division schemes for EPC, EC, EP tender packages (if applicable);

đ) Management organization solutions for implementing the project;

e) Assessment of the project's impact related to land acquisition, including the total land demand of the project; types of land to be acquired, land use change requirements under the Land Law including rice fields, forest land (if applicable); estimated total number of people requiring resettlement; overall compensation, support, and resettlement plans to clear the site for the project (except in cases where compensation, support, and resettlement are carried out according to sub-projects);

g) Total investment amount of the project as stipulated in Article 23 of this Decree;

h) Capital mobilization capability, sources, and methods of capital mobilization; financial analysis, risks; operating and usage costs of the facility;

i) Economic and social effectiveness assessment of the project;

k) Training and technology transfer schemes;

l) Recommendations for coordination mechanisms, preferential policies, and support measures for implementing the project;

m) Other necessary contents.

2. The Front End Engineering Design (FEED) documentation includes the following contents:

a) General information about the project, construction location, route direction of the works;

b) List, scale, type, grade of works; service life of the works;

c) List of technical standards and main standards applicable to the project;

d) Requirements for availability, reliability, maintainability, and safety (RAMS);

đ) Determination of performance evaluation indices, transport capacity of the project; operation organization scheme for train runs;

e) Main technical information, parameters, and requirements for key systems and equipment including: vehicle system; information and signaling system; monitoring system; power supply and traction power system; ticketing system; train control center; environmental control system; maintenance and repair equipment at depots;

g) Main technical information, materials, dimensions, and requirements for linear works and works on the line: profile, longitudinal section, transverse section; architectural, structural, and electromechanical design solutions;

h) Other necessary drawings (if any);

i) FEED design technical guidelines;

k) Connection and interface schemes for infrastructure inside and outside the works; between different components of the works and equipment or equipment systems of the project;

l) Connection schemes between the railway system and the transportation system; urban areas, functional zones (if applicable);

m) Fire prevention, explosion protection, environmental protection, climate change response solutions; disaster prevention, rescue, and evacuation plans;

n) Report on the impact assessment on existing works (if any);

o) Operation and maintenance requirements;

p) Building Information Modeling (BIM);

q) Other necessary contents.

3. Documentation on fire prevention and explosion protection in accordance with laws on fire prevention and firefighting.

4. Documentation proposing the policy to change the purpose of using forest land to another purpose in accordance with forestry laws.

5. Documentation related to the overall plan for selecting contractors, tender package division schemes, EPC, EC, EP tender package budgets (if applicable).

6. Other relevant documents.

Section 3
REVIEW, APPROVAL, APPROVE,

Article 14. State Appraisal Council and its Standing Committee

1. The Ministry of Finance shall report to the Prime Minister for the establishment of the State Appraisal Council to appraise projects concurrently with the preparation of the Feasibility Study Report for investment construction.

2. The State Appraisal Council consists of the Chairman, Vice-Chairman, members of the Standing Committee, and other members of the Council appointed by the Prime Minister upon the proposal of the Ministry of Finance, including: government leaders; representatives from the leaders of the following ministries: Ministry of Finance, Ministry of Construction, Ministry of Agriculture and Rural Development, Ministry of Science and Technology, Ministry of Industry and Trade, Ministry of Education and Training, Ministry of Public Security, Ministry of National Defense; representatives from the leaders of the Government Inspectorate; representatives from the leaders of the State Audit Agency; representatives from the leaders of relevant ministries, sectors, localities, and related agencies.

3. The State Appraisal Council and its Standing Committee have the following powers:

a) To examine and decide on issues concerning the content, program, and work plan of the Council and its Standing Committee, and other related issues during the process of providing opinions and appraising projects;

b) To request the project owner to provide relevant documents during the process of providing opinions and appraising projects, and to settle the costs of examination and appraisal according to the budget and the progress of the appraisal work approved;

c) To request consulting organizations (or related agencies) to provide relevant documents during the process of examining and appraising projects.

4. The State Appraisal Council and its Standing Committee have the following responsibilities:

a) To be responsible to the Prime Minister for organizing the provision of opinions and appraisals according to the assigned tasks; regarding the content of opinions, results of appraisals, conclusions, and recommendations of the State Appraisal Council according to the operational regulations of the State Appraisal Council;

b) To assign members of the Council to coordinate with the project management agency during the preparation of the Feasibility Study Report for investment construction to participate in meetings and field surveys serving the appraisal work, and to review certain contents related to the preparation of the Feasibility Study Report for investment construction.

Article 15. Examination of the Feasibility Study Report for Investment Construction

3. Examination result reports are prepared for mid-term reports and when the entire Feasibility Study Report for Investment Construction of the project is completed.

1. The project management agency shall submit the dossier as prescribed in Clause 2 of this Article to the Standing Committee of the State Appraisal Council for opinions on proposals in the mid-term report regarding: route direction and control point positions; main works' positions along the route; technical solutions; major standards applicable to the project; priority component projects or sub-projects to be implemented first (if any).

2. The dossier requesting opinions from the Standing Committee of the State Appraisal Council includes:

a) Mid-term report;

b) Examination result report of the consulting organization;

c) Resolution of the National Assembly on the investment policy of the project;

d) Other related documents (if any).

3. The time limit for the Standing Committee of the State Appraisal Council to provide opinions shall not exceed ten working days from the date of receipt of the complete dossier.

4. Based on the opinions of the Standing Committee of the State Appraisal Council, the Prime Minister shall consider and approve the contents of the proposals stipulated in Clause 1 of this Article.

1. The investor prepares documents in accordance with Clause 2 of this Article and submits them to the supervising agency. The supervising agency sends one set of documents to report to the Prime Minister and simultaneously sends the documents to the State Examination Council for examination.

2. Documents for examination include:

a) Proposal to the Prime Minister;

b) Feasibility study report for investment construction;

c) Report on the results of the feasibility study review conducted by the consulting organization;

d) Approval document of the Prime Minister regarding the mid-term report;

đ) Resolution of the National Assembly on the investment policy of the project;

e) Draft Decision approving the project of the Prime Minister;

g) Other relevant documents (if any).

3. The State Examination Council conducts examination within thirty days from the date of receiving all documents.

4. Documents submitted to the Prime Minister by the State Examination Council include:

a) Documents as prescribed in Clause 2 of this Article;

b) Report on the examination by the State Examination Council;

c) Other related documents (if any).

5. The investor completes the project documents according to the requirements of the State Examination Council; submits the total investment cost documents for construction to the State Audit Agency for auditing as the basis for approving the project. The State Audit Agency sends the audit results to the Prime Minister within thirty days from the date of receipt of complete audit request documents.

6. The Prime Minister examines and decides on investment in accordance with regulations.

Article 18. Contents of examination for investment decisions on projects

a) Evaluation of project documents: legal basis, components, and content of documents as prescribed;

b) Compliance with investment objectives, scale, and other requirements determined in the approved investment policy;

c) Evaluation of Front End Engineering Design (FEED);

d) Evaluation of time, progress implementation; phased investment; division of component projects or sub-projects; tender package division and overall plan for selecting contractors (if applicable);

đ) Evaluation of project management organization, including: determination of the investor; project management form: relationships and responsibilities of related subjects during the project implementation process, organizational structure for managing and operating the project;

e) Evaluation of land use needs; conditions for transferring land, leasing land, and changing land use purposes in accordance with laws on land; compensation, support, site clearance, and resettlement plans (except in cases where compensation, support, and resettlement are carried out under component projects);

g) Evaluation of the proposal document for changing forest land use purposes to other purposes in accordance with forestry laws;

h) Evaluation of factors ensuring project effectiveness, including: total construction investment cost; sources of capital; risk analysis; financial efficiency, economic and social impact;

i) Verification of environmental procedures in accordance with environmental protection laws; ensuring national defense, security, and other factors;

k) Preliminary evaluation of operational costs, maintenance, repair, and major overhaul during the operation phase; training and technology transfer plans.

2. The specific provisions for evaluating FEED design at point c of Clause 1 are as follows:

a) Conditions for the capacity of organizations and individuals engaged in construction activities in accordance with regulations;

b) Compliance of the FEED design solution with the approved design tasks; list of standards applied;

c) Compliance of the FEED design with the content of the approved investment policy decision, national sector planning orientation;

d) Connectivity of transportation infrastructure in the area;

đ) Reviewing the results of the consulting organization's review to meet safety requirements for construction works, fire prevention and explosion control, and other contents required by the feasibility study report for investment construction;

e) Compliance with technical standards and applied standards;

g) Evaluation of technological design and technology transfer contents.

3. Specific provisions for evaluating the total construction investment cost at point h of Clause 1 are as follows:

a) Reviewing the results of the total construction investment cost review by the consulting organization; the adoption, explanation, and completion of the total construction investment cost by relevant agencies (if applicable);

b) Compliance of the total construction investment cost with the preliminary total construction investment cost that has been approved; method of determining the total construction investment cost;

c) Compliance of the contents of the cost components of the total construction investment cost with regulations and project requirements;

d) Reviewing and evaluating the appropriateness and completeness of the determination of the volume or scale of construction works, types and quantities of equipment according to the selected technological scheme for calculation in the total construction investment cost with the FEED design and the feasibility study report for investment construction of the project;

đ) Reviewing and evaluating compliance or conformity with legal regulations on the application and reference of construction norms, construction work prices, necessary tools issued and announced by competent state agencies, and the application and reference of data on costs of similar projects and necessary tools to determine the total construction investment cost;

e) Reviewing and evaluating the results of determining the total construction investment cost value in the feasibility study report for investment construction.

Article 19. Approval of investment construction projects

1. The decision to invest in construction by the investor shall be reflected in the Decision approving the investment construction project, including the following main contents:

a) Project name;

b) Construction location; route direction of the works;

c) Investor; project owner;

d) Consulting organization for project preparation; consulting organization for review;

đ) Type, group of projects; list; type, level of main works; design service life of the main works;

e) Project objectives;

g) Land area used;

h) Scale of investment construction: capacity scale, service capability; some key indicators, parameters;

i) List of major standards selected (the list of major standards may be approved separately according to a separate document);

k) Total investment amount for construction; value of cost items within the total investment amount for construction;

l) Division of component projects;

m) Plan, progress schedule; phased investment (if any);

n) Overall plan for selecting contractors (if any);

o) Tender package division plan; tender budget for EPC, EC, EP packages (in case of tender package division proposal);

p) Sources of investment capital and planned allocation of capital according to the project implementation plan and progress schedule;

q) Form of project management organization applied;

r) Requirements for resources, exploitation and utilization of natural resources;

s) Coordination mechanisms, preferential policies, support measures for project implementation.

2. In cases where component projects are approved in accordance with Clause 5, Article 11 of this Decree, the approval content for component projects shall correspond to the provisions of Clause 1 of this Article.

Article 20. Adjustment of Projects

1. Project adjustment shall be carried out in accordance with laws on construction and public investment.

2. The process of reviewing adjusted investment construction projects shall be implemented in accordance with Article 17 of this Decree. The feasibility study report for adjusted investment construction projects needs to supplement the following contents:

a) Reasons, objectives of project adjustment, compliance with conditions for project adjustment under public investment law;

b) Report from the project owner on the implementation process of the project, actual construction situation of the works of the project up to the time of proposing adjustment.

3. Review of adjustments shall be conducted for corresponding adjustment contents as stipulated in Article 18 of this Decree.

4. Approval of adjusted projects shall be carried out according to the authority prescribed in Clause 10, Article 3 of Resolution No. 172/2024/QH15 and public investment law.

5. In cases where the adjustment of component projects does not increase the total investment amount for construction and is not linked to the technology of the overall project, the adjustment of component projects shall be carried out according to the group of component projects and the level of works within the component projects.

Article 21. Detailed Design Implementation After FEED Design

1. For projects implementing FEED design instead of basic design in the feasibility study report for investment construction, detailed design implementation after FEED design is the construction drawing design or detailed design according to international practice, ensuring sufficient conditions for construction implementation of the works.

2. Detailed design implementation after FEED design is prepared for each part of the works, tender package, or the entire works.

3. During the preparation of detailed design implementation after FEED design, the project owner may decide to change certain contents to meet usage requirements while still being considered consistent with the approved FEED design provided that it complies with quality management, construction safety, and installation requirements specified in the FEED design and does not fall into any of the following situations:

a) Increasing the approved total investment amount;

b) Changing the overall technological scheme of the project;

c) Altering the route direction and control point locations, main work locations along the route already determined, except for minor adjustments.

4. The project owner reports to the supervising agency for written approval to control changes in detailed design implementation after FEED design in the following cases:

a) Changing technical specifications of equipment and means already determined in the FEED design;

b) Changing control point locations and main work locations along the route;

c) Changing architectural or structural solutions of main works.

5. The project owner decides on controlling detailed design implementation after FEED design, specifically:

a) The project owner organizes the preparation, review, and approval of detailed design implementation after FEED design for tender packages not falling under the cases stipulated in point b of this clause;

b) For tender packages implemented under EPC, EC, EP contracts: the EPC, EC, EP contractor organizes the preparation and approval of detailed design implementation after FEED design in accordance with the contractual agreement.

6. The detailed design implementation after FEED design documentation (including adjustment cases) prepared by the EPC, EC, EP contractor in accordance with point b of Clause 5 of this Article shall be approved after:

a) The detailed design implementation after FEED design documentation is concluded by the consulting organization for review selected by the EPC, EC, EP contractor in accordance with the law to comply with applicable standards and regulations; be consistent with the FEED design; meet safety requirements for the works and adjacent works;

b) The reviewed detailed design implementation after FEED design documentation, together with the review result report, is submitted to the project owner for comments on consistency with the FEED design and compliance with the signed contract requirements.

Section 4
COST MANAGEMENT

Article 22. Estimated total construction investment

1. The estimated total construction investment mentioned in Article 12 of this Decree includes compensation costs, support and resettlement costs; construction costs; equipment costs; project management costs; construction investment consulting costs; other costs and contingency costs.

2. The estimated total construction investment is determined based on the scale, capacity, or service capability according to the FEED design of the mid-term report and the unit cost of investment or construction cost, equipment cost from data of similar railway projects regarding project nature; applied technology; with analysis and evaluation to adjust for the calculation time point, construction location, and supplement necessary costs to suit the specific conditions of the project, including:

a) Compensation and resettlement support costs at mineral mines exploited as common construction materials serving the project; compensation and resettlement support costs in areas where construction waste is dumped and surface soil layers (collectively referred to as dumping areas) are included in the compensation and resettlement support costs.

b) The total value of project management costs, consulting costs, and other costs are estimated not exceeding 15% of the total construction and equipment costs of the project and do not include interest costs during construction, initial working capital, and certain necessary costs according to international agreements, foreign loan agreements (if any).

c) Contingency costs within the estimated total construction investment are calculated according to regulations, including provisions for price escalation factors for foreign costs.

Article 23. Total Construction Investment

1. The total construction investment is the entire construction investment cost of the project determined in accordance with the FEED design and other contents of the feasibility study report. The cost items include compensation, support, and resettlement costs; construction costs; equipment costs; project management costs; construction investment consulting costs; other costs and contingency costs.

2. Compensation, support, and resettlement costs (including compensation and resettlement support costs at mineral mines exploited as common construction materials serving the project and compensation and resettlement support costs in dumping areas) are determined based on the project's compensation, support, and resettlement plan and relevant state policies.

3. Construction costs (including costs related to technological solutions and construction methods if applicable) are determined based on the volume of construction work; type and category of construction work, structural units or parts of the project; or project components and structures, and construction prices (including detailed construction unit prices (comprehensive construction unit prices), comprehensive construction prices, construction cost data, construction cost rates) corresponding to them and some related costs, specifically:

a) The volume of construction work; type and category of construction work, structural units, parts of the project; project scale, component size are determined based on the FEED design and feasibility study investment report documents.

b) Comprehensive construction unit prices, comprehensive construction prices are established corresponding to the list and content of the volume of construction work; type and category of construction work, structural units, parts of the project.

Comprehensive construction unit prices, comprehensive construction prices are determined according to the prices published by competent state agencies, or determined based on market prices; or according to similar prices in completed projects; or compiled from detailed construction unit prices for a unit of measurement of the type and category of construction work, structural units, parts of the project.

c) In cases where construction costs cannot be determined according to comprehensive construction unit prices, comprehensive construction prices as stipulated in point b of this clause, then use construction cost rates, construction cost data to determine.

Construction cost rates are determined based on construction cost rates (in the construction investment cost rate) published by competent authorities consistent with the type of project; construction cost data are determined based on construction cost data of construction work; type and category of construction work, structural units, parts of the project; similar projects, structures, with evaluations, adjustments, calculations about the time of determining construction costs, project implementation locations; supplement necessary costs not included in the construction cost rates, construction cost data suitable for the specific conditions of the project, structure.

d) Apply and use the system of norms, construction prices of similar projects published by foreign organizations; or of projects belonging to similar ongoing railway projects worldwide to determine construction costs in the total construction investment for tasks that have but are not suitable or do not exist in the construction normative system, unit prices, construction prices issued by competent authorities.

4. Equipment costs (including construction equipment costs, technological equipment costs) are determined based on the quantity, type, and system of equipment; purchase prices, system prices, and related costs (including technology copyright fees if any), specifically:

a) Quantity, type, and system of equipment are determined based on the selected technological and technical equipment plan according to the FEED design and feasibility study investment report documents.

b) Based on the specific conditions of the project and available information, data to determine the equipment costs of the project as follows:

For types of equipment with sufficient sources of detailed information on volume, quantity, type of equipment, and corresponding prices, the cost of equipment shall be determined based on price information for equipment in the system of databases of competent state agencies; or by selecting appropriate prices that ensure competition among quotations from manufacturers or suppliers of equipment (except for types of equipment appearing on the market for the first time and being unique on the market); or by selecting prices of similar equipment in terms of capacity, technology, and origin on the market and of ongoing projects that can be converted appropriately to the calculation period; ensuring the requirements for supplying equipment for the project are met.

For types of equipment that are part of a system with quotation and bidding prices provided as a whole system, the cost of equipment shall be determined based on selecting appropriate prices that ensure competition among quotations or bidding prices for equipment systems from manufacturers or suppliers of equipment; or prices of similar equipment systems in terms of scale, capacity, technology, and origin on the market and of ongoing projects that can be converted appropriately to the calculation period; ensuring the requirements for supplying equipment for the project are met.

c) The purchase price of equipment, equipment systems (and related costs), cost data of similar construction works, sub-works published by foreign organizations; or of railway projects similar to those being implemented worldwide may be applied to determine the cost of equipment within the total investment limit for construction for work items that are not yet suitable or not included in the construction norms, unit prices, or prices issued by authorized bodies.

5. Project management costs shall be determined according to the prescribed percentage norms or by applying cost data for similar projects, similar railway projects worldwide that are currently being implemented, or by preparing a budget consistent with assigned tasks, scope, and content of work to be performed, project management organization form, project implementation time, scale, and characteristics of project management tasks according to the specific nature of the project. In cases where project management consultancy services are hired, project management costs only include the project management costs of the investor; consultancy service hiring costs are included in the consultancy service investment construction costs.

6. Construction investment consultancy costs:

a) Construction investment consultancy costs as prescribed; costs for consultancy support in preparing projects; costs for hiring project management consultancy services (in cases where consultancy services are hired); legal consultancy costs (if applicable); consultancy costs related to the exploitation of common construction materials from mineral resources serving the project; costs for system safety evaluation consultancy; other consultancy costs according to international practices and project conditions (if applicable) are included in the construction investment consultancy costs within the total investment limit of the project;

b) Data on costs of similar projects, similar railway projects worldwide that are currently being implemented may be applied to determine construction investment consultancy costs that have no prescribed normative ratios or have been prescribed but are not yet suitable, ensuring compliance with international practices;

7. Other costs:

a) Other costs as prescribed; costs related to the exploitation of common construction materials from mineral resources serving the project; other costs according to international practices and project conditions (if applicable) are included in other costs within the total investment limit of the project;

b) Data on costs of similar projects, similar railway projects worldwide that are currently being implemented may be applied to determine other costs that have no prescribed normative ratios or have been prescribed but are not yet suitable, ensuring compliance with international practices as the basis for approving the project.

8. Contingency costs:

Contingency costs within the total investment limit are calculated according to regulations. Among them, contingency costs for price escalation factors for foreign costs are calculated appropriately according to the degree of price fluctuation according to international practices (including exchange rate fluctuations).

9. The project preparation agency or the investor organizes the establishment, review, and approval of the budget for project preparation costs.

10. The application and use of cost data of similar projects mentioned in points d Clause 3, point c Clause 4, Clause 5, point b Clause 6, point b Clause 7 of this Article must be calculated and converted appropriately to fit the content, scope, nature of costs, calculation period, construction location, and specific conditions of the project and must be analyzed, evaluated, and clearly explained in the Feasibility Study Report for the project's investment construction.

11. Items of costs that are not yet prescribed in Vietnamese law or have been prescribed in Vietnamese law but are not yet suitable with the nature and conditions of implementing the project may be calculated and determined within the total investment limit for construction like similar railway projects worldwide in terms of their nature and implementation conditions.

12. The total investment limit for construction may be adjusted when the project is adjusted as stipulated in Clause 1 Article 20 of this Decree and in cases permitted by the National Assembly. The verification and review of the total investment limit for construction shall be carried out according to the provisions of Articles 15 and 18 of this Decree and the laws on construction.

Article 24. Budget for construction tender packages

1. The budget for EPC, EC, EP tender packages shall be determined based on the FEED design, investment cost items within the total project investment limit, and other contents in the Feasibility Study Report for Investment Construction, consistent with the scope, time frame, and content of the tender package; and approved in the Decision approving the project (in cases where there is a proposal to divide tender packages).

2. Based on the total investment limit, the overall plan for selecting contractors, and the approved budget for tender packages as stipulated in Clause 1 of this Article, the investor updates the price of EPC, EC, EP tender packages according to the laws on bidding (if necessary); organizes the establishment and approval of the plan for selecting contractors for other tender packages in accordance with the laws on bidding.

3. The budget for EPC, EC, EP tender packages may be adjusted in the cases specified in point a, Clause 4, Article 135 of the Construction Law.

4. The Minister of Construction shall consider and decide on the inclusion of special costs in the budget for construction tender packages (if necessary) to ensure consistency with the actual implementation of the tender package and international practices.

5. Apply the system of construction norms and construction prices as prescribed in Clause 15, Article 3 of Resolution No. 172/2024/QH15 to determine the budgets for other tender packages within the project outside those specified in Clause 1 of this Article.

Calculations and conversions must be consistent with the content, scope, nature of costs, timing of calculations, construction location, and specific conditions of the tender package, and must be clearly analyzed, evaluated, and explained in the budget.

Chapter III
SPECIFIC PROVISIONS FOR THE LAO CAI - HA NOI - HAI PHONG RAILWAY PROJECT

Section 1
ESTABLISHING, REVIEWING, APPROVING PROJECTS, DESIGN AND CONSTRUCTION

Article 25. Establishing Feasibility Study Reports for Investment Construction, Reviewing, Approving Investment Decisions

1. The Feasibility Study Report for Investment Construction at the Technical Assistance Project shall be established by the consulting firm selected by the financier in accordance with the financier's regulations, ensuring compliance with current Vietnamese regulations regarding the content of the Feasibility Study Report for Investment Construction.

2. The investor selects a consulting firm to establish the proposal file for changing the purpose of forest land use to another purpose in accordance with forestry laws to complete the Feasibility Study Report for Investment Construction of the project, submit it for review and approval of the investment decision for the project.

During the preparation of the Feasibility Study Report for Investment Construction, based on technical requirements and the need for construction materials, the investor shall organize the preparation of the material survey files serving the project in accordance with the laws on geology and minerals, serving as the basis for determining mineral deposits, reporting to the People's Committee to decide on adjusting reserves, extending the exploitation period, increasing capacity, or adjusting and supplementing the geological and mineral management plan in the provincial planning.

1. The investor prepares the documents in accordance with Clause 2 of this Article and submits them to the project management agency. The project management agency sends one set of documents to report to the Prime Minister and simultaneously sends the documents to the State Examination Council for examination.

2. Documents for examination include:

a) Proposal to the Prime Minister;

b) Feasibility study report for investment construction;

c) Report on the review of the feasibility study report for investment construction by the reviewing organization;

d) Resolution of the National Assembly on the investment policy of the project;

đ) Draft decision approving the project by the Prime Minister;

e) Other related documents (if applicable).

3. The State Examination Council conducts the examination within a period not exceeding twenty days.

4. The documents reported to the Prime Minister by the State Examination Council include:

a) The examination report of the State Examination Council;

b) The documents specified in Clause 2 of this Article;

c) Other related documents (if any).

5. The investor completes the project documents according to the requirements of the State Examination Council; submits the total investment cost documents for construction to the State Audit Agency for auditing as the basis for approving the project. The State Audit Agency sends the audit results to the Prime Minister within thirty days from the date of receipt of complete audit request documents.

6. The Prime Minister examines and decides on the investment according to the regulations.

Article 27. Content of examination, approval, and investment decision for construction

a) Evaluation of project documents: legal basis, components, and content of documents as prescribed;

b) Compliance with investment objectives, scale, and other requirements determined in the approved investment policy;

c) Evaluation of the basic design;

d) Evaluation of time, progress implementation; phased investment; division of component projects or sub-projects; tender package division and overall plan for selecting contractors (if applicable);

đ) Evaluation of project management organization, including: determination of the investor; project management form: relationships and responsibilities of related subjects during the project implementation process, organizational structure for managing and operating the project;

e) Evaluation of land demand; conditions for transferring land use rights, leasing land, and changing land use purposes in accordance with laws on land; compensation, support, clearance, and resettlement plans;

g) Evaluation of the proposal document for changing forest land use purpose to another purpose in accordance with forestry laws;

h) Evaluation of factors ensuring project effectiveness, including: total construction investment cost; sources of capital; risk analysis; financial efficiency, economic and social impact;

i) Verification of environmental procedures in accordance with environmental protection laws; ensuring national defense, security, and other factors;

k) Preliminary evaluation of operational costs, maintenance, repair, and major overhaul during the operation phase; training and technology transfer plans.

2. The content of the evaluation of the basic design at Point c Clause 1 is specifically defined as follows:

a) The compatibility of the basic design with the contents approved in the Investment Policy Decision and the orientation in the national industry planning;

b) The connectivity of transportation infrastructure in the area;

c) Verification of the results of the review by the reviewing organization meeting the requirements for construction safety, fire prevention and explosion protection, and other contents required by the feasibility study report for investment construction;

d) Compliance with technical standards and applicable standards;

đ) Evaluation of the contents related to technological design and technology transfer;

3. The content of the evaluation of the total investment cost at Point h Clause 1 is specifically defined as follows:

a) Reviewing the results of the total construction investment cost review by the consulting organization; the adoption, explanation, and completion of the total construction investment cost by relevant agencies (if applicable);

b) Compliance of the total construction investment cost with the preliminary total construction investment cost that has been approved; method of determining the total construction investment cost;

c) The compatibility of the contents of each component of the total construction investment cost under the Agreement signed between the two Governments with the provisions of Vietnamese law and the contents and requirements of the project;

d) Reviewing and evaluating the appropriateness and completeness of determining the volume or scale, capacity, service capability, type, and quantity of equipment according to the selected production line technology included in the calculation of the total construction investment cost compared to the project design;

đ) Reviewing and evaluating compliance or conformity with the provisions of laws on the application and reference to construction cost norms, construction project prices, and other necessary tools issued and announced by competent state agencies; the application and reference to data on costs of similar projects and other necessary tools to determine the total construction investment cost;

e) Checking and evaluating the determination of the total construction investment cost value in the feasibility study report for investment construction ensuring accuracy and comprehensiveness according to the regulations, compliance with the Agreement signed between the two Governments (if any), compliance with Vietnamese law, design requirements, construction conditions, market price levels, and project implementation plans;

4. The content of the decision approving the project as stipulated in Article 22 of Decree No. 175/2024/ND-CP.

Article 28. Adjustment of Projects

1. The adjustment of projects shall be carried out in accordance with the laws on construction and public investment.

2. The process of reviewing adjusted investment construction projects shall be conducted in accordance with Article 26 of this Decree. The feasibility study report for adjusted investment construction projects must include the following additional contents:

a) Reasons, objectives of project adjustment, compliance with conditions for project adjustment under public investment law;

b) Report from the project owner on the implementation process of the project, actual construction situation of the works of the project up to the time of proposing adjustment.

3. The review of adjustments shall be conducted for corresponding adjusted contents as stipulated in Article 27 of this Decree.

4. The approval of adjusted projects shall be carried out according to the authority prescribed in Clause 8, Article 3 of Resolution No. 187/2025/QH15 and the laws on public investment.

Article 29. Construction Design Implementation Following Basic Design

1. The project investor shall organize the preparation of construction design implementation following basic design concurrently with the preparation of the feasibility study report for the investment construction project.

2. Technical standards and technologies applied to construction design implementation following basic design shall be implemented in accordance with the provisions of the agreement signed between the two Governments regarding the preparation of the feasibility study report for the investment construction project.

3. The consultancy for project preparation shall have the responsibility to coordinate and provide timely information on project works to the consultancy organization preparing the construction design implementation following basic design to facilitate parallel and simultaneous implementation.

4. In cases where the construction design implementation following basic design is carried out according to the Front End Engineering Design (FEED), the content of the FEED includes explanations, drawings, technical instructions, and other documents, reflecting the following contents:

a) General information about the project, construction location, route direction of the works;

b) List and scale, type, grade of works, service life of works;

c) List of technical standards and standards applicable to the project;

d) Requirements for availability, reliability, maintainability, and safety (RAMS);

đ) Determination of performance evaluation indices, transport capacity of the project; operation organization scheme for train runs;

e) Main technical information and requirements for major systems and equipment including: transportation system; information and signaling system; monitoring system; power supply and traction power system; ticketing system; train control center; environmental control system; maintenance and repair equipment at depots;

g) Main technical information, materials, dimensions, and requirements for linear works and works on the line: profile, longitudinal section, transverse section; architectural, structural, and electromechanical design solutions;

h) Other drawings clarifying the designer's concept, regulations stated in applicable standards and specifications;

i) FEED design technical guidelines;

k) Connection and interface schemes for infrastructure inside and outside the works; between different components of the works and equipment or equipment systems of the project;

l) Connection schemes between the railway system and the transportation system; urban areas, functional zones (if applicable);

m) Fire prevention, explosion protection, environmental protection, climate change response solutions; disaster prevention, rescue, and evacuation plans;

n) Report on the impact assessment on existing works (if any);

o) Operation and maintenance requirements;

p) Building Information Modeling (BIM) model in accordance with the sponsor's regulations (if any);

q) Other necessary contents.

Article 30. Review and Approval of Construction Design Implementation Following Basic Design

1. The review and approval of construction design implementation following basic design shall be carried out in accordance with the provisions of Section 3 Chapter III of Decree No. 175/2024/NĐ-CP.

2. In cases where the construction design implementation following basic design is carried out according to the Front End Engineering Design (FEED), the content of the review by the specialized agency on construction includes:

a) The conditions for the capacity to engage in construction activities of organizations and individuals participating in construction activities;

b) The compatibility of the FEED design with the approved basic design of the project;

c) Inspection of the results of the review by the consultancy organization meeting the requirements for safety of the works and adjacent works;

d) Compliance with technical standards and application of standards in accordance with the laws on standards and technical regulations;

đ) Evaluation of factors ensuring fire and explosion safety;

e) Evaluation of contents related to technological design and technology transfer.

Section 2
COST MANAGEMENT

Article 31. Total Investment Cost for Construction

1. The total investment cost for construction is the entire investment cost for construction of the project determined according to the Agreement signed between the two Governments (if any) and the provisions of Vietnamese law, consistent with the basic design and other contents of the Feasibility Study Report on Investment Construction. Among these costs, certain costs included in the total investment cost for construction are as follows:

a) Compensation, support, and resettlement costs at mineral mines exploited for common construction materials serving the project and compensation, support, and resettlement costs in areas of waste disposal sites are included in the compensation, support, and resettlement costs.

b) Costs related to technological solutions and construction methods are included in the construction costs.

c) Technology copyright costs (if any) are included in the equipment costs.

d) Project preparation consulting costs, legal consulting costs (if any), project management consulting service fees (in case of hiring consultants), consulting costs related to the exploitation of mineral materials for common construction serving the project, system safety evaluation consulting costs, and other consulting costs according to international practices and project conditions (if any) are included in the investment construction consulting costs.

đ) Other costs related to the exploitation of mineral materials for common construction serving the project and other costs according to international practices and project conditions (if any) are included in other costs.

e) Contingency costs for price escalation factors within the contingency costs under the total investment cost for construction are calculated for both domestic and foreign cost escalation factors.

g) Items of costs as stipulated in the Agreement signed between the two Governments (if any) are calculated and determined in the total investment cost for construction; items of costs such as railway projects with similar characteristics and implementation conditions worldwide that are not provided for in Vietnamese law or are provided for but not suitable for the project's implementation conditions.

2. Construction costs (including costs related to technological solutions and construction methods if applicable) are determined based on the scale, volume of construction work, group type of construction work, structural unit, building component, and construction prices, construction cost rates, and corresponding cost data.

a) The scale of the project, sub-project, volume of construction work, group type of construction work, structural unit, and building component are determined based on the basic design and feasibility study report on investment construction.

b) For items of work that are not suitable or not provided for in the construction norms, unit prices, and construction prices issued by competent state agencies, the construction norms, construction prices of similar railway projects being implemented worldwide can be applied and used to determine the construction costs in the total investment cost.

c) For items that cannot be determined according to the provisions of point b of this clause, they may be determined based on the construction cost rates and cost data of similar railway projects being implemented worldwide.

3. Equipment costs of projects and sub-projects are determined based on capacity, service capability, quantity, number, and type of equipment; equipment systems and purchase prices of equipment, related costs (including technology copyright costs if any), equipment cost rates, and corresponding cost data.

a) Quantity, number, and type of equipment are determined based on the capacity and service capability of the equipment; equipment systems are determined based on the selected technical and technological schemes according to the basic design and feasibility study report on investment construction.

b) For items of work that are not suitable or not provided for in the construction norms, unit prices, and prices issued by competent state agencies, the purchase prices, equipment systems (and other related costs), equipment cost rates of similar railway projects being implemented worldwide can be applied and used to determine the equipment costs in the total investment cost.

4. Project management costs are determined according to the prescribed percentage rate or using cost data of similar projects, similar railway projects being implemented worldwide, or by preparing a budget consistent with the assigned tasks, scope, and content of work to be performed, project management organization form, project duration, scale, and specific features of project management according to the project's characteristics; In case of hiring project management consultants, project management costs only include the project management costs of the project owner; consultant management service fees are included in the investment construction consulting costs.

5. Certain consulting costs and other costs without prescribed percentage rates or with existing regulations but not suitable are applied and used based on similar cost data of similar projects being implemented worldwide; or by preparing a budget to determine these costs ensuring compliance with international practices and project implementation realities.

6. Contingency costs within the total investment ceiling for construction shall be calculated in accordance with the provisions. Among them, contingency costs for price escalation factors for foreign costs shall be calculated in line with the degree of price fluctuation corresponding to international practices (including exchange rate fluctuations).

7. The project preparatory agency or the investor shall organize the preparation, review, and approval of the budget estimate for project preparation costs.

8. When referring to applying data on costs of similar projects worldwide as stipulated in points b of Clause 2, point b of Clause 3, Clause 4, and Clause 5 of this Article, it must be calculated and converted appropriately based on the content, scope, nature of costs, time of calculation, construction location, and specific conditions of the project, and must be analyzed, evaluated, and clearly explained in the Feasibility Study Report for Investment Construction of the project.

9. Adjustments to the total investment ceiling for construction of the project shall be carried out in accordance with the provisions of Article 28 of this Decree and the laws on construction.

Article 32. Budget Estimate for Construction Contracts

1. The budget estimate for construction contracts (including the budget estimate for EPC, EC, and EP contracts determined based on the FEED design if applicable) is a component of the construction design dossier implemented after the basic design, prepared concurrently with the Feasibility Study Report for Investment Construction of the project as stipulated in Clause 1 of Article 29 of this Decree.

2. Apply and use the construction normative system and construction project prices as prescribed in Clause 12 of Article 3 of Resolution No. 187/2025/QH15 to determine the budget estimates for construction contracts under the project.

Calculations and conversions must be consistent with the content, scope, nature of costs, timing of calculations, construction location, and specific conditions of the tender package, and must be clearly analyzed, evaluated, and explained in the budget.

3. The Minister of Construction shall consider and decide on the inclusion of other special costs in the budget estimate for construction contracts (if necessary) to ensure alignment with the practical implementation of the project and international practices.

Section 3
SELECTION OF CONSULTANCY CONTRACTORS

Article 33. Selection of consultancy contractors participating in the project

1. The plan for selecting consultancy contractors for construction survey, technical design, FEED design, and review consultancy shall be approved concurrently with the project preparation process. The selection of consultancy contractors shall be conducted through direct assignment.

2. Based on the approved contractor selection plan, the project preparatory agency shall organize the preparation, review, and approval of tasks, tender documents, and request documents for related consultancy contracts to serve as the basis for direct assignment.

3. Direct assignment of construction survey consultancy, technical design consultancy, FEED design consultancy, and review consultancy shall be carried out concurrently during the preparation of the Feasibility Study Report for Investment Construction.

Chapter IV
SPECIFIC PROVISIONS FOR URBAN RAILWAY PROJECTS IN HANOI AND HO CHI MINH CITY

CONSTRUCTION SURVEY TO SERVE THE PREPARATION OF

Section 1
FEASIBILITY STUDY REPORT FOR INVESTMENT CONSTRUCTION

Article 34. Survey Tasks and Technical Survey Plans

1. For projects implementing FEED design instead of basic design in the Feasibility Study Report for Investment Construction, the construction survey task shall be prepared by the FEED design consultant or the construction survey contractor. In cases where a FEED design contractor or construction survey contractor has not been selected, or in other survey cases, the investor or the agency or organization entrusted by the competent authority to prepare the project (hereinafter referred to collectively as the project preparatory agency) may entrust a consulting firm to assist in project preparation (if any) or hire an organization or individual or assign an organization or individual under its jurisdiction that meets the required capacity criteria.

2. The construction survey task must meet the requirements and level of detail needed for the Feasibility Study Report for Investment Construction of the project as stipulated in Clause 2 of Article 41 of this Decree and shall not exceed the scope of survey work for technical design.

3. The content of the construction survey task shall be carried out in accordance with the provisions of Clause 3 of Article 6 of this Decree.

4. The adjusted construction survey task shall be reviewed and approved by the project preparatory agency in the cases specified in Clause 4 of Article 6 of this Decree.

5. The construction survey contractor shall prepare a technical survey plan consistent with the construction survey task as prescribed in Clause 7 of Article 6 of this Decree.

6. The project preparatory agency shall be responsible for organizing the inspection and approval of the survey tasks and technical survey plans in writing or directly approving them in the survey tasks and technical survey plans.

7. For urban railway projects that have already completed basic design and FEED design before the effectiveness of this Decree, if there is a need to update or adjust the completed FEED design, the project design consultant shall propose supplementary survey tasks (if necessary).

7. For urban railway projects that have completed basic design and front-end engineering and design (FEED) before this Decree takes effect, in cases where there is a need to update or adjust the already implemented FEED design, the consultancy shall propose supplementary tasks for surveying (if necessary).

Article 35. Content and requirements for construction survey results

1. The content of the report on construction survey results shall be carried out in accordance with the provisions of Clause 1, Article 7 of this Decree.

2. The report on construction survey results must reflect:

a) Sufficient information to serve as a basis for preliminary analysis and assessment of environmental impacts, effects on the local community, and land clearance impacts along the proposed railway route; determine areas for solid waste disposal sites serving the project;

b) An evaluation of related changes in the geological conditions of the area, providing forecasts and recommendations for measures to control geological risks during construction and operation.

3. The content of the survey results must be integrated into the project's Building Information Modeling (BIM) model according to applicable standards. Survey data in the BIM model must ensure accuracy and completeness, serving the Front End Engineering Design (FEED) design process. Advanced survey technologies are encouraged for building BIM and Geographic Information System (GIS) models.

Article 36. Approval of the report on construction survey results

1. The project preparation agency is responsible for approving the report on construction survey results in writing or directly at the construction survey result report. The project preparation agency may entrust consulting support for project preparation (if any) or hire a consulting organization with sufficient qualifications to review the construction survey result report as a basis for approval.

3. The Construction Survey Result Report is a component of the completion dossier of the project and must be stored according to regulations.

Section 2
PREPARATION OF FEED DESIGN AT THE INVESTMENT FEASIBILITY STUDY REPORT

INVESTMENT FEASIBILITY CONSTRUCTION STUDIES

Article 37. Tasks for preparing the FEED design

1. The FEED design tasks are prepared by the project preparation agency or entrusted to consulting support for project preparation or hired from a consulting organization with sufficient qualifications; the project preparation agency approves them.

2. The content of the design tasks shall be carried out in accordance with the provisions of Clause 3, Article 9 of this Decree.

3. The design tasks shall be modified and supplemented to meet actual conditions to ensure effectiveness and project investment construction requirements. The project preparation agency decides on the modification and supplementation of the design tasks.

Article 38. Requirements and formats for FEED design documentation

1. The FEED design must meet the requirements set forth in the approved design tasks.

2. The FEED design must comply with selected standards, regulations on the use of construction materials; ensure safety in construction, installation, and use; ensure environmental protection requirements, climate change response, fire prevention and explosion control, and other safety conditions.

3. Design solutions must have comparisons and evaluations to ensure feasibility and effectiveness.

4. The content of the FEED design must reflect the overall structure of the railway system and the interaction between system interfaces; determine key information, parameters, dimensions, materials of main works, systems, and equipment of the project; provide sufficient basis to determine the total investment amount, tender budget, and subsequent detailed design implementation steps.

5. The accompanying project information model (BIM) in the FEED design must meet the information level requirements according to the consultancy contract for preparing the Feasibility Study Investment Construction Report, using original format along with open format.

6. Formats for FEED design documentation:

a) The FEED design dossier is prepared for each work including design description, design drawings, FEED design technical guidance, and related documents;

b) FEED design drawings must have size and title block; each drawing title block must have the name and signature of the direct designer, design checker, design leader, and chief designer; signed and stamped by the consultant preparing the project and FEED design;

c) The form of the FEED design dossier is implemented according to the provisions of the contract signed between the project preparation consultant and the project investor; must ensure long-term retrieval and preservation.

Article 39. Preparation of the Feasibility Study Report for Investment Construction

1. For projects that prepare the FEED design instead of the basic design in the Feasibility Study Report for Investment Construction, based on the approved FEED design tasks by the project preparation agency, the project consultants implement the Feasibility Study Report for Investment Construction in phases: mid-term report according to the content stipulated in Article 40 of this Decree and complete the entire Feasibility Study Report for Investment Construction according to the content stipulated in Article 41 of this Decree.

2. The mid-term report is submitted by the project preparation agency to the investment decision-maker to carry out the following contents:

a) Entrust the specialized agency on planning to organize the review within ten days from the date of receiving all documents, submit to the People's Committee of the city for approval of the project route plan and location;

b) Examine and approve the technology and main standards applied to the project.

3. The investment decision-maker can decide to use the specialized machinery under their direct management, or hire organizations or individuals with sufficient qualifications to provide opinions for review as a basis for deciding the mid-term report proposals on technical solutions; standards applied to the project; division of project components (if any).

4. Based on the approved optimal solution, the project consultants proceed with the FEED design, complete the Feasibility Study Report for Investment Construction to submit for review and approval of the project, and make the investment construction decision.

5. The preparation of the Environmental Impact Assessment Report of the project is carried out in accordance with environmental protection laws concurrently with the preparation of the Feasibility Study Report for Investment Construction. The People's Committee of the city organizes the review; approves the results of the review of the Environmental Impact Assessment Report of the project five working days before the specialized agency on construction issues announces the project review results.

6. For urban rail transit projects that have already prepared the basic design and FEED design before this Decree takes effect, the investment decision-maker can decide on the division of project components during the preparation and adjustment phase of the Feasibility Study Report for Investment Construction.

Article 40. Contents of the Mid-Term Report of the Feasibility Study for Investment Construction

1. General description of the Mid-term Report includes:

a) General information about the project and its location;

b) Analysis and evaluation of technology options; preliminary operation organization plan;

c) Estimated total construction investment;

d) Risk factor assessment;

đ) Proposal to select the optimal technology option; main standards applicable to the project;

e) Proposal on dividing the project into components, progress schedule for each component project; preliminary division of tender packages (if any).

2. The Front-End Engineering Design (FEED) design dossier regarding the route scheme and location of works along the route includes the following contents:

a) Current status map at a scale of 1/500 based on the national coordinate system VN2000;

b) Route profile, station, urban rail depot plan at a scale of 1/500 fully displaying the centerline including coordinates, location of works along the route, red-line boundary of related road works, cross-section showing the location of urban rail works, horizontal protection zone boundaries, railway safety zone boundaries, and land acquisition scope boundaries, including land for urban rail structure, construction and connection purposes, interface between project components and systems, connection between the railway system and adjacent areas to determine land allocation for urban rail construction;

c) Community consultation results.

3. The FEED design dossier regarding the selection of technology options includes:

a) Description of the technology selection option with the following main contents: vehicle system; information and signaling system; monitoring system; power supply and traction power system; ticketing system; train control center; environmental control system; maintenance and repair equipment at the depot;

b) Framework of standards applicable to the project;

c) Main technical parameters table of the project;

d) Supporting appendices.

4. Information Modeling of the Works (BIM).

Article 41. Contents of the Feasibility Study for Investment Construction

1. The general description of the Feasibility Study Report for Investment Construction includes the contents approved in the Mid-Term Report and the following contents:

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

b) Factors ensuring the implementation of the project regarding resource utilization, labor utilization, and implementation time;

c) Scheme for dividing the project into components, phased investment; scheme for dividing EPC, EC, EP tender packages (if any);

d) Proposal for overall contractor selection plan (if any);

đ) Management organization solutions for implementing the project;

e) Assessment of the project's impact related to land acquisition, land use change requirements under the Land Law including rice fields, forest land (if any); overall compensation, support, and resettlement plan for land clearance for the project (except in cases where compensation, support, and resettlement are carried out according to the component project);

g) Total project investment as stipulated in Article 47 of this Decree;

h) Capital mobilization capability, sources, and methods of capital mobilization; financial analysis, risks; operating and usage costs of the facility;

i) Economic and social effectiveness assessment of the project;

k) Training and technology transfer schemes;

l) Recommendations for coordination mechanisms, preferential policies, and support measures for implementing the project;

m) Other necessary contents.

2. The FEED design dossier includes descriptions, drawings, technical instructions, and other documents, reflecting the following contents:

a) General information about the project, construction location, route direction of the works;

b) List and scale, type, grade of works, service life of works;

c) List of technical standards and main standards applicable to the project;

d) Requirements for availability, reliability, maintainability, and safety (RAMS);

đ) Determination of performance evaluation indices, transport capacity of the project; operation organization scheme for train runs;

e) Main technical information and requirements for major systems and equipment including: transportation system; information and signaling system; monitoring system; power supply and traction power system; ticketing system; train control center; environmental control system; maintenance and repair equipment at depots;

g) Technical information, main materials, and requirements for route works and works along the route: route profile, longitudinal section, cross-section; architectural, structural, and electromechanical design solutions;

h) Other necessary drawings (if any);

i) FEED design technical guidelines;

k) Connection and interface schemes for infrastructure inside and outside the works; between different components of the works and equipment or equipment systems of the project;

l) Scheme for connecting the railway system with public transport systems, existing and future urban areas within the TOD area planning (if any);

m) Fire prevention, explosion protection, environmental protection, climate change response solutions; disaster prevention, rescue, and evacuation plans;

n) Report on the impact assessment of existing works;

o) Operation and maintenance requirements;

p) Building Information Modeling (BIM);

q) Other necessary contents.

3. Documentation on fire prevention and explosion protection in accordance with laws on fire prevention and firefighting.

4. Dossiers related to the overall contractor selection plan, tender package division schemes, EPC, EC, EP tender package estimates (if any).

5. Other relevant documents.

6. For PPP projects, the contents of the Feasibility Study for Investment Construction shall be implemented in accordance with laws on public-private partnership investment, while the FEED design dossier shall be implemented in accordance with the provisions of this Decree.

Section 3
REVIEW, APPROVAL, APPROVE,

Article 14. State Appraisal Council and its Standing Committee

Article 42. Review of Feasibility Study Report for Investment Construction Projects

1. The project preparation agency shall select consulting organizations to conduct parallel reviews concurrently with the process of preparing the feasibility study report for investment construction projects.

2. The content of the review must meet the requirements of the examination work as stipulated in Article 43 of this Decree.

3. The report on the results of the review shall be prepared for the mid-term report and the feasibility study report for investment construction projects.

Article 43. Examination of Feasibility Study Report for Investment Construction Projects

For projects using FEED design instead of basic design, the examination of the feasibility study report for investment construction projects shall be specified as follows:

1. The examination of the feasibility study report for investment construction projects includes the examination by the investment decision maker and the examination by the specialized agency on construction in accordance with the laws on construction for group A projects managed by localities as provided for in point a, Clause 2, Article 5 of Resolution No. 188/2025/QH15 and the provisions of this Decree.

2. The People's Committee of the city shall entrust the specialized agency under its direct management or the specialized agency on construction under its direct management to act as the main examining agency for the feasibility study report for investment construction projects in accordance with the contents specified in Clause 6 of this Article and compile and submit to the People's Committee of the city for approval of the project.

4. The examination content of the specialized agency on construction includes:

a) Compliance with legal regulations on project investment planning, basic design; conditions for the operational capacity of organizations and individuals involved in construction activities;

b) Suitability of the FEED design of urban rail transit projects with the approved route plan and location of the works along the route; suitability of the FEED design of urban rail transit projects according to the TOD model with the approved TOD area planning;

c) Traffic connectivity and technical infrastructure capability in the area;

d) Checking the results of the review by the consulting organization regarding compliance with safety requirements; fire prevention and explosion protection requirements; implementation of environmental protection regulations;

đ) Compliance with technical standards and application of standards as prescribed by laws on standards and technical regulations;

e) Compliance with legal regulations on determining the total investment cost.

5. The examination content of the total investment cost at point e, Clause 4 of this Article is specified as follows:

a) Completeness and validity of the documents submitted for examination of the total investment cost; legal bases for determining the total investment cost;

b) Suitability of the method for determining the total investment cost;

c) Compliance of the contents of the cost components of the total construction investment cost with regulations and project requirements;

d) Compliance with legal regulations on the application and reference to construction cost norms, construction project prices, and other necessary tools issued and announced by competent state agencies, and the application and reference to data on costs of similar projects and other necessary tools to determine the total investment cost.

6. The examination content of the specialized agency under the direct management of the investment decision maker includes:

a) Suitability of planning, objectives, and scale of investment;

b) Compliance of the FEED design content with the design tasks; list of applicable standards;

c) Project implementation solutions, the sponsor’s project management experience and capability, land clearance plans, project implementation forms;

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

đ) Evaluation of design technology and technology transfer contents;

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

7. The examination and determination of the total investment cost at point d, Clause 6 of this Article is specified as follows:

a) Completeness and validity of the documents submitted for examination of the total investment cost; checking the results of the review of the total investment cost by the consulting organization;

b) Completion and supplementation of the documents submitted for examination of the total investment cost based on the recommendations of the specialized agency on construction as stipulated in Clause 5 of this Article and explanations;

c) Suitability and completeness of the determination of the volume or scale of the works, items of works, types and quantities of equipment according to the selected production line technology for calculation in the total investment cost compared to the FEED design and the feasibility study report of the project;

d) Determination of the total investment cost value ensuring accuracy and comprehensiveness in accordance with regulations, suitable to design requirements, construction conditions, market price levels, and project implementation plans;

đ) Analysis of reasons for increases or decreases and evaluation of the assurance of project investment efficiency according to the determined total investment cost value after examination.

8. For PPP projects, the examination of the feasibility study report for investment construction projects shall be carried out in accordance with the laws on investment through public-private partnership, except for the examination of FEED design and total investment which shall be implemented in accordance with the provisions of this Article.

9. The total investment of the project after being completed according to the examination results stipulated in this Article shall be sent by the People's Committee of the city to the State Audit Agency for auditing the total investment documents in accordance with Clause 4, Article 10 of Resolution 188/2025/QH15.

Article 44. Approval of Investment Construction Projects

1. The investment decision of the investor on construction investment shall be reflected in the approval decision for the investment construction project, including the following main contents:

a) Project name;

b) Construction location; route direction of the works (for linear construction projects);

c) Investor; project owner;

d) Project consultancy services, FEED design consultancy services; organization for technical review;

đ) Type, group of projects; list; type, level of main works; design service life of the main works;

e) Project objectives;

g) Land area used;

h) Scale of investment construction: capacity scale, service capability; some key indicators, parameters;

i) List of major standards selected (the list of major standards may be approved separately according to a separate document);

k) Total investment amount; value of cost items within the total investment amount;

l) Division of component projects;

m) Overall plan for selecting contractors (if applicable);

n) Tender package division plan; tender estimate for EPC, EC, EP packages (in case of tender package division proposal);

o) Implementation plan, progress schedule for each phase, major components of the project, phased investment (if applicable), project duration (if applicable);

p) Sources of investment capital and planned allocation of capital according to the project implementation plan and progress schedule;

q) Form of project management organization applied;

r) Requirements for resources, exploitation and utilization of natural resources;

s) Training and technology transfer plans;

t) Coordination mechanisms, preferential policies, support measures for project implementation.

2. The approval of the project by the competent authority for PPP projects shall be carried out in accordance with the laws on public-private partnership investment.

3. In cases where component projects are approved in accordance with Clause 5, Article 11 of this Decree, the content of the approval of the component project shall be as stipulated in Clause 1 of this Article, except for Point l of Clause 1 of this Article.

Article 45. Adjustment of Projects

1. Except for the cases specified in Point c, Clause 2, Article 5 of Resolution No. 188/2025/QH15, the adjustment of projects shall be carried out in accordance with the laws on construction, laws on public investment, and laws on public-private partnership investment corresponding to the sources of funds used for the project.

2. The People's Committee of the city decides on the adjustment of the project in accordance with Point a, Clause 2, Article 5 of Resolution No. 188/2025/QH15.

3. The examination of the adjusted investment construction project shall be carried out in accordance with Article 43 of this Decree for the adjusted contents.

4. The feasibility study report for the adjusted investment construction project needs to supplement the following contents:

a) Reasons, objectives of project adjustment, compliance with conditions for project adjustment under public investment law;

b) Report from the project owner on the implementation process of the project, actual construction situation of the works of the project up to the time of proposing adjustment.

Article 46. Design Implementation After Project Approval

1. For projects that use FEED design instead of basic design in the feasibility study report for investment construction, the establishment and control of the design implementation after FEED by the project owner shall be carried out in accordance with the provisions of Article 21 of this Decree.

2. In cases where the project implements basic design in the feasibility study report for investment construction and the design implementation after basic design is FEED design, the tasks, requirements, and contents of the FEED design shall be implemented in accordance with the provisions of Articles 37 and 38, and Clause 2, Article 41 of this Decree.

3. The specialized agency under the People's Committee of the city is the competent authority to examine the FEED design implementation after basic design of the project.

4. The content of the examination by the specialized agency includes:

a) The conditions for the capacity to engage in construction activities of organizations and individuals participating in construction activities;

b) The compatibility of the FEED design with the approved basic design of the project;

c) Checking the results of the technical review by the consulting organization to meet the requirements for safety of the works; safety in fire prevention and explosion prevention;

d) Compliance with technical standards and applicable standards;

đ) Evaluation of the contents related to technological design and technology transfer;

Section 4
COST MANAGEMENT

Article 47. Total Investment Amount for Construction

1. The estimated total investment amount for construction of the mid-term report shall be determined in accordance with the provisions of Article 22 of this Decree.

2. The total investment amount for construction of the project shall be determined in accordance with the provisions of Article 23 of this Decree.

3. The total investment amount for construction of the project may be adjusted when the project is adjusted in accordance with Clause 1 of Article 45 of this Decree and other cases permitted by the competent authority. The review and examination of the total investment amount for construction shall be carried out in accordance with the provisions of Articles 42 and 43 of this Decree and the laws on construction.

Article 48. Budget for Construction Tender Packages

1. The budget for EPC, EC, EP tender packages shall be determined based on the FEED design, investment cost items within the total project investment limit, and other contents in the Feasibility Study Report for Investment Construction, consistent with the scope, time frame, and content of the tender package; and approved in the Decision approving the project (in cases where there is a proposal to divide tender packages).

2. Based on the total investment limit, the overall plan for selecting contractors, and the approved budget for tender packages as stipulated in Clause 1 of this Article, the investor updates the price of EPC, EC, EP tender packages according to the laws on bidding (if necessary); organizes the establishment and approval of the plan for selecting contractors for other tender packages in accordance with the laws on bidding.

3. The budget for EPC, EC, EP tender packages may be adjusted in the cases specified in point a, Clause 4, Article 135 of the Construction Law.

4. The People's Committee of the city shall examine and decide on the supplementation of special costs in the budget for construction tender packages (if necessary), ensuring consistency with practical implementation and international practices.

5. The system of construction norms and building prices as prescribed in Clause 4, Article 5 of Resolution No. 188/2025/QH15 shall be applied to determine the budgets for other tender packages within the project, excluding those specified in Clause 1 of this Article.

Calculations and conversions must be consistent with the content, scope, nature of costs, timing of calculations, construction location, and specific conditions of the tender package, and must be clearly analyzed, evaluated, and explained in the budget.

Article 49. Operating and Maintenance Costs for Projects

1. When determining operating and maintenance costs for projects, the following shall be applied and utilized:

a) Systems of operation and maintenance norms and unit prices published by foreign organizations or similar urban railway projects worldwide, which are converted appropriately based on the content, scope, nature of costs, calculation time, construction location, and specific conditions of the project, where the systems of operation and maintenance norms and unit prices issued by the competent authority are not available or are not suitable for the project;

b) Cost items such as those in similar urban railway projects worldwide when Vietnamese laws have not provided regulations or have provided but are not suitable for the project.

2. The People's Committee of the city shall examine and decide on the application period for the systems of operation and maintenance norms and unit prices and cost items mentioned in Clause 1 of this Article, ensuring that the determination of operating and maintenance costs for projects is economical, effective, and consistent with the actual operation and maintenance of the project.

Chapter V
URBAN RAILWAY STATION BUFFER ZONE PLANNING

Article 50. Planning for Railway Station Buffer Zones

1. Based on the location and scale of railway stations within its jurisdiction, the provincial People's Committee shall determine the scope, boundaries, and characteristics of railway station buffer zones as the basis for organizing the preparation, examination, and approval of buffer zone plans to implement land fund exploitation projects under the TOD model, and manage investment and construction projects in the area.

2. Railway station buffer zone planning must ensure the following principles:

a) Ensuring the integration and connectivity between railway systems, public transportation, and urban technical infrastructure;

b) Optimizing land use to effectively exploit urban space and promote socio-economic development;

c) Ensuring the capacity to meet and integrate with social infrastructure and technical infrastructure outside the buffer zone boundaries.

Article 51. Preparation, Examination, and Approval of Railway Station Buffer Zone Plans

1. The procedures for preparing and examining tasks and plans for railway station buffer zone planning shall be carried out according to the provisions of the law on urban and rural planning regarding functional district zoning planning.

2. The provincial People's Committee is the competent authority responsible for organizing the preparation, examination, and approval of tasks and plans for railway station buffer zone planning.

3. During the examination and approval process of railway station buffer zone plans, the provincial People's Committee may decide to adjust land use functions differently from the general urban and rural planning and previously approved land use plans; it may also decide on economic and technical indicators, population indicators, and land use planning indicators such as building density, height, land use coefficient, and other spatial requirements different from national technical standards, but must ensure compliance with technical infrastructure and social infrastructure systems.

4. Areas requiring detailed planning and overall site planning within the railway station buffer zone must be identified in the approved functional district zoning plan based on their nature, scale, and management requirements.

5. The preparation, examination, and approval of detailed planning and overall site planning shall be carried out in accordance with the provisions of the law on urban and rural planning.

Article 52. Adjustment and updating of the planning area around railway stations

1. The adjustment of the planning area around railway stations, detailed planning, and overall land use planning that have been approved shall be implemented in accordance with the laws on urban and rural planning.

2. In cases where adjustments to the railway project lead to changes in the boundaries of railway station buildings, the project investor shall send information about the scope and boundaries of the adjusted railway station to the provincial People's Committee where the railway station building is being constructed for organization to update and adjust the planning area around the railway station.

3. Contents of approval or adjustment of the planning area around railway stations shall be updated when comprehensively adjusting the general urban and rural planning in accordance with the provisions of the law.

Chapter VI
CONTRACT MANAGEMENT, MANAGEMENT OF CONSTRUCTION CAPACITY

BUILDING RIGHTS AND OBLIGATIONS OF PROJECT PARTICIPANTS

Section 1
MANAGEMENT OF EPC, EC, EP CONTRACTS

Article 53. Selection of EPC, EC, EP contractors based on FEED design

The selection of EPC, EC, EP contractors based on FEED design shall be carried out under a special mechanism permitted by the competent authority, in accordance with the laws on bidding, construction, and other relevant laws, and the provisions of this Decree, ensuring suitability with the specific conditions of each tender package.

Article 54. Contract price and adjustment of EPC, EC, EP contracts

1. The form of contract price for EPC, EC, EP contracts shall be decided by the person authorized to approve the plan for selecting contractors based on the scope of work, scale, nature, and complexity of the tender package, the duration of implementation, supply conditions, risk allocation during implementation, and other specific conditions of the tender package.

2. Lump-sum EPC, EC, EP contracts may be considered for application to tender packages related to technology rights.

3. Adjustments to lump-sum EPC, EC, EP contracts shall be implemented in accordance with Clause 2, Point c, Clause 3, Article 143 of the Construction Law and the following situations:

a) Changes or adjustments to the FEED design permitted by the competent authority affecting the implementation of the contract;

b) Changes to the requirements of the project investor regarding the content, scope of work, and quality of products of the contract;

c) Changes or adjustments to the contract implementation period decided by the investment authority permit.

Section 2
MANAGEMENT OF CONSTRUCTION ACTIVITY CAPACITY, COMPLETION

SPECIALIZED PROJECT MANAGEMENT ORGANIZATION MODEL

Article 55. Conditions for construction activity capacity of organizations participating in projects

1. Organizations participating in designing and reviewing construction designs of works must hold one of the types of construction activity capacity certificates at level I as stipulated in Decree No. 175/2024/NĐ-CP: road transport works design and review; railway transport works design and review; bridge-tunnel transport works design and review. For station buildings and other similar structures, organizations participating in designing and reviewing construction designs must hold a construction activity capacity certificate in the field of civil and industrial building works design and review (scope of activities as specified in Section 3.1 of Appendix VIII of Decree No. 175/2024/NĐ-CP).

2. Organizations participating in construction works of projects must hold one of the types of construction activity capacity certificates at level I as stipulated in Decree No. 175/2024/NĐ-CP: road transport works construction; railway transport works construction; bridge-tunnel transport works construction. For station buildings and other similar structures, organizations participating in construction works must hold a construction activity capacity certificate in the field of civil and industrial building works construction (scope of activities as specified in Section 5.1 of Appendix VIII of Decree No. 175/2024/NĐ-CP).

3. In addition to the above fields, organizations participating in construction activities must meet the requirements for construction activity capacity as stipulated in Decree No. 175/2024/NĐ-CP.

Điều 56. Điều kiện năng lực hoạt động xây dựng của cá nhân tham gia thực hiện dự án

1. Cá nhân đảm nhận chức danh chủ nhiệm, chủ trì thiết kế, thẩm tra thiết kế xây dựng cần đáp ứng các yêu cầu sau:

a) Có một trong các loại chứng chỉ hành nghề thiết kế xây dựng hạng I theo quy định tại Nghị định số 175/2024/NĐ-CP: công trình đường bộ; công trình đường sắt; công trình cầu - hầm;

b) Đã tham gia thiết kế, thẩm tra thiết kế hoặc đã làm chủ nhiệm hoặc chủ trì thiết kế, thẩm tra thiết kế của ít nhất 01 công trình đường sắt cấp I trở lên hoặc 02 công trình đường sắt cấp II trở lên.

2. Cá nhân đảm nhận chức danh giám đốc quản lý dự án phải có chứng chỉ hành nghề quản lý dự án hạng I hoặc đáp ứng các yêu cầu sau:

a) Có một trong các loại chứng chỉ hành nghề hạng I theo quy định tại Nghị định số 175/2024/NĐ-CP: thiết kế xây dựng công trình đường bộ; thiết kế xây dựng công trình đường sắt; thiết kế xây dựng công trình cầu - hầm; giám sát công tác thi công xây dựng;

b) Đã tham gia quản lý dự án của ít nhất 01 dự án nhóm A công trình giao thông hoặc 02 dự án nhóm B trở lên công trình giao thông.

3. Cá nhân là thành viên Ban quản lý dự án, được giao phụ trách các lĩnh vực chuyên môn của dự án phải có bằng đại học chuyên môn đào tạo phù hợp và có thời gian kinh nghiệm tham gia hoạt động xây dựng từ 07 năm trở lên.

4. Đối với cá nhân người nước ngoài hoặc người Việt Nam định cư ở nước ngoài giữ các chức danh: chủ nhiệm khảo sát xây dựng; chủ nhiệm, chủ trì thiết kế, thẩm tra thiết kế xây dựng; tư vấn giám sát thi công xây dựng công trình; giám đốc quản lý dự án; chủ nhiệm, chủ trì lập thiết kế quy hoạch về xây dựng; chủ trì lập, thẩm tra và quản lý chi phí đầu tư xây dựng thuộc các dự án theo quy định tại Nghị định này phải đáp ứng yêu cầu sau:

a) Có giấy phép năng lực hoặc chứng chỉ hành nghề do cơ quan, tổ chức nước ngoài cấp (nội dung hành nghề liên quan đến lĩnh vực do mình đảm nhiệm), có thời gian kinh nghiệm tham gia hoạt động xây dựng từ 07 năm trở lên và đã chủ trì thực hiện công việc tương ứng tối thiểu 02 công trình cùng loại;

b) Đối với những cá nhân thuộc những quốc gia mà quy định pháp luật không yêu cầu về giấy phép năng lực hoặc chứng chỉ hành nghề (có tài liệu chứng minh kèm theo bản dịch tiếng Việt được chứng thực theo quy định của pháp luật Việt Nam) thì phải có bằng đại học chuyên ngành đào tạo phù hợp với lĩnh vực do mình đảm nhiệm, có thời gian kinh nghiệm tham gia hoạt động xây dựng từ 07 năm trở lên và đã chủ trì thực hiện công việc được giao đối với 01 công trình cùng loại có cấp công trình tương ứng với cấp I trở lên hoặc 02 công trình cùng loại có cấp công trình tương ứng với cấp II theo quy định của pháp luật Việt Nam về phân cấp công trình;

c) Cá nhân người nước ngoài hoạt động xây dựng ở Việt Nam từ 12 tháng trở lên thì chứng chỉ hành nghề, giấy phép năng lực hoặc bằng đại học (trong trường hợp thuộc những quốc gia mà quy định pháp luật không yêu cầu về giấy phép năng lực hoặc chứng chỉ hành nghề) phải hợp pháp hóa lãnh sự và bản dịch tiếng Việt được chứng thực theo quy định của pháp luật Việt Nam.

5. Ngoài những lĩnh vực nêu trên thì các cá nhân tham gia hoạt động xây dựng phải đảm bảo các yêu cầu về năng lực hành nghề hoạt động xây dựng được quy định tại Nghị định số 175/2024/NĐ-CP.

Điều 57. Kiện toàn mô hình tổ chức Ban Quản lý dự án chuyên ngành

1. Bộ trưởng Bộ Xây dựng, Chủ tịch Ủy ban nhân dân thành phố Hà Nội và Thành phố Hồ Chí Minh quyết định việc kiện toàn các Ban Quản lý dự án chuyên ngành về chức năng, nhiệm vụ, quyền hạn; cơ cấu tổ chức và hoạt động; mô hình quản lý dự án; cơ sở vật chất; mức lương; chế độ đãi ngộ; cơ chế thu hút nguồn nhân lực; kinh phí hoạt động và các nội dung cần thiết khác để đảm bảo đủ năng lực thực hiện quản lý dự án đầu tư xây dựng; phù hợp với thời gian thực hiện, khai thác, vận hành, chuyển giao công nghệ và các yếu tố đặc thù của dự án.

2. Việc quyết định số lượng cấp phó khi kiện toàn Ban Quản lý dự án chuyên ngành được xác định dựa trên mô hình quản lý dự án, đảm bảo đáp ứng yêu cầu nhiệm vụ và quản lý dự án hiệu quả. Số lượng cấp phó được phép vượt quá quy định hiện hành về số lượng cấp phó của đơn vị sự nghiệp công lập.

Mục 3
QUYỀN VÀ TRÁCH NHIỆM CÁC BÊN THAM GIA DỰ ÁN

Điều 58. Quyền và nghĩa vụ của cơ quan chủ quản, chủ đầu tư

1. Cơ quan chủ quản, chủ đầu tư thực hiện các quyền, trách nhiệm và nghĩa vụ theo quy định của pháp luật về đầu tư công, quy định của pháp luật khác có liên quan và các quy định tại các khoản 2, 3, 4 Điều này.

2. Cơ quan chủ quản có các quyền và trách nhiệm sau:

a) Được yêu cầu tư vấn hỗ trợ chuẩn bị dự án xem xét một số nội dung của Báo cáo giữa kỳ, Báo cáo nghiên cứu khả thi trước khi trình hồ sơ đến Hội đồng thẩm định;

b) Được yêu cầu các cơ quan, tổ chức có liên quan phối hợp, cung cấp thông tin, số liệu phục vụ công tác thẩm định, phê duyệt thiết kế FEED điều chỉnh;

c) Tổ chức thẩm định, phê duyệt thiết kế FEED điều chỉnh theo quy định của Nghị định này;

d) Theo dõi, kiểm tra công tác chuẩn bị dự án theo kế hoạch, yêu cầu của dự án.

3. Chủ đầu tư có các quyền sau:

a) Được tiếp xúc, trao đổi thông tin, yêu cầu cơ quan, tổ chức, doanh nghiệp trong và ngoài nước có liên quan phối hợp, cung cấp thông tin, số liệu phục vụ công tác lập dự án, bảo đảm nguyên tắc công khai, minh bạch theo quy định;

b) Được giao tư vấn hỗ trợ chuẩn bị dự án thực hiện lập nhiệm vụ khảo sát, nhiệm vụ thiết kế và một số nội dung thuộc thẩm quyền;

c) Được giao chi phí quản lý bước chuẩn bị dự án;

d) Được ký hợp đồng lao động với chuyên gia trong nước, chuyên gia nước ngoài để thực hiện một số các công việc trong giai đoạn chuẩn bị dự án.

4. Chủ đầu tư có nghĩa vụ:

a) Phê duyệt các hồ sơ khảo sát, thiết kế và các tài liệu khác phục vụ công tác chuẩn bị dự án theo quy định;

b) Kiểm tra, giám sát quá trình khảo sát, lập Báo cáo nghiên cứu khả thi đầu tư xây dựng, bảo đảm thực hiện đúng quy định và tiến độ theo yêu cầu;

c) Chịu trách nhiệm về cơ sở pháp lý, nội dung của hồ sơ Báo cáo nghiên cứu khả thi đầu tư xây dựng khi trình thẩm định, phê duyệt dự án;

d) Bàn giao đầy đủ hồ sơ và phối hợp cung cấp các thông tin cần thiết với chủ đầu tư triển khai dự án trong trường hợp chủ đầu tư không là chủ đầu tư cho giai đoạn thực hiện dự án.

Điều 59. Quyền và nghĩa vụ của tư vấn lập dự án, tư vấn thẩm tra

1. Tổ chức tư vấn lập dự án có các quyền sau:

a) Yêu cầu chủ đầu tư và các bên liên quan cung cấp thông tin, tài liệu cho công tác lập Báo cáo nghiên cứu khả thi đầu tư xây dựng;

b) Từ chối thực hiện yêu cầu ngoài phạm vi nhiệm vụ thiết kế và hợp đồng tư vấn lập Báo cáo nghiên cứu khả thi đầu tư xây dựng;

c) Được thuê thầu phụ thực hiện một số công việc của Báo cáo nghiên cứu khả thi đầu tư xây dựng theo quy định của Hợp đồng;

d) Các quyền khác theo quy định của Hợp đồng và quy định của pháp luật có liên quan.

2. Tổ chức tư vấn lập dự án có các nghĩa vụ sau:

a) Phối hợp với tư vấn hỗ trợ chuẩn bị dự án, nhà thầu khảo sát xây dựng để thực hiện song song, đồng thời công tác khảo sát và thiết kế xây dựng;

b) Chịu trách nhiệm trước pháp luật và chủ đầu tư về chất lượng hồ sơ, tính chính xác, đầy đủ của Báo cáo nghiên cứu khả thi đầu tư xây dựng; chịu trách nhiệm về chất lượng công việc của nhà thầu phụ;

c) Giải trình, làm rõ các cơ sở tính toán, cơ sở lựa chọn giải pháp thiết kế, giải pháp công nghệ theo yêu cầu của tổ chức tư vấn thẩm tra và cơ quan thẩm định;

d) Thực hiện giám sát tác giả về thiết kế FEED theo quy định;

đ) Các nghĩa vụ khác theo quy định của Hợp đồng tư vấn và quy định của pháp luật có liên quan.

3. Tổ chức tư vấn thẩm tra có các quyền sau:

a) Yêu cầu tư vấn lập dự án cung cấp, giải trình, làm rõ các thông tin làm cơ sở cho công tác thẩm tra;

b) Bảo lưu kết quả thẩm tra, từ chối thực hiện yêu cầu làm sai lệch kết quả thẩm tra hoặc các yêu cầu vượt quá năng lực, phạm vi công việc thẩm tra.

a) Thẩm tra thiết kế xây dựng theo phạm vi yêu cầu của Hội đồng thẩm định nhà nước, chủ đầu tư;

b) Giải trình, làm rõ kết quả thẩm tra làm cơ sở cho công tác thẩm định của Hội đồng thẩm định nhà nước, cơ quan chuyên môn về xây dựng, cơ quan chuyên môn trực thuộc người quyết định đầu tư;

c) Chịu trách nhiệm trước pháp luật và chủ đầu tư về kết quả công việc do mình thực hiện.

Điều 60. Quyền và nghĩa vụ của Ban quản lý dự án đầu tư xây dựng

1. Ban quản lý dự án đầu tư xây dựng có các quyền sau:

a) Thực hiện quyền quản lý dự án theo ủy quyền của chủ đầu tư, được đề xuất phương án, giải pháp tổ chức quản lý dự án;

b) Được thuê tổ chức tư vấn quản lý dự án tham gia quản lý dự án theo phạm vi xác định tại hợp đồng;

c) Được ký hợp đồng lao động với chuyên gia trong nước, chuyên gia nước ngoài, lao động kỹ thuật là công dân nước ngoài để thực hiện một số các công việc có tính chất đặc thù hoặc các vị trí công việc mà người lao động Việt Nam chưa đáp ứng được. Việc ký hợp đồng với người nước ngoài không phải thực hiện các thủ tục theo quy định tại khoản 2 Điều 1 Nghị định số 70/2023/NĐ-CP ngày 18 tháng 9 năm 2023 về việc sửa đổi Điều 4 Nghị định số 152/2020/NĐ-CP ngày 30 tháng 12 năm 2020 của Chính phủ quy định về người lao động nước ngoài làm việc tại Việt Nam.

2. Ban quản lý dự án đầu tư xây dựng có các nghĩa vụ sau:

a) Tổ chức quản lý dự án bảo đảm yêu cầu về tiến độ, chất lượng, chi phí, an toàn và bảo vệ môi trường;

b) Xác định rõ nội dung các công việc yêu cầu thuê chuyên gia tham gia quản lý dự án;

c) Báo cáo công việc với chủ đầu tư trong quá trình quản lý dự án;

d) Các nghĩa vụ khác theo quy định của pháp luật.

Điều 61. Quyền và nghĩa vụ của các bên tham gia hợp đồng EPC, EC, EP

1. Quyền và nghĩa vụ của các bên tham gia hợp đồng EPC, EC, EP theo quy định của hợp đồng, của pháp luật khác có liên quan và các quy định tại khoản 2, 3 Điều này.

2. Quyền và nghĩa vụ của chủ đầu tư:

a) Phê duyệt hồ sơ mời thầu, hồ sơ yêu cầu và ký hợp đồng EPC, EC, EP trong đó có các tiêu chí về ưu tiên sử dụng sản phẩm, hàng hóa, dịch vụ mà trong nước có thể sản xuất, cung cấp được; các yêu cầu về cam kết của nhà thầu đối với chuyển giao công nghệ, đào tạo nguồn nhân lực (chỉ áp dụng đối với dự án theo Nghị quyết số 172/2024/QH15);

b) Được quyền tiếp cận, kiểm tra quá trình thiết kế, chế tạo, lắp đặt, thử nghiệm thiết bị;

c) Được phép thuê tổ chức tư vấn để quản lý hợp đồng, từ khâu soạn thảo, đàm phán, ký kết, thực hiện đến thanh lý hợp đồng;

d) Giao tổ chức tư vấn quản lý dự án, tư vấn quản lý hợp đồng thực hiện một số nội dung thuộc thẩm quyền;

đ) Tổ chức thiết lập, quản lý môi trường dữ liệu chung (CDE) phục vụ áp dụng BIM xuyên suốt quá trình lập Báo cáo nghiên cứu khả thi đầu tư xây dựng, thực hiện dự án, kết thúc xây dựng đưa công trình vào vận hành, khai thác; bàn giao dữ liệu, mô hình BIM cho đơn vị quản lý vận hành để phục vụ quản lý, vận hành, khai thác, bảo trì công trình.

3. Quyền và nghĩa vụ của nhà thầu EPC, EC, EP:

a) Lập thiết kế bản vẽ thi công hoặc thiết kế chi tiết theo thông lệ quốc tế phù hợp với thiết kế FEED đã được người quyết định đầu tư quyết định khi phê duyệt dự án; thẩm định/trình thẩm định, phê duyệt theo quy định tại Nghị định này;

b) Được quyền đề nghị chủ đầu tư, đại diện chủ đầu tư giao xem xét chấp thuận các nhà thầu phụ ngoài danh sách các nhà thầu kèm theo hợp đồng EPC, EC, EP;

c) Có trách nhiệm đào tạo, chuyển giao công nghệ liên quan đến dự án cho chủ đầu tư, đơn vị quản lý, vận hành;

d) Sử dụng, cập nhật và phát triển mô hình BIM từ giai đoạn thiết kế, đảm bảo tính liên tục và chính xác của thông tin trong suốt quá trình thiết kế, thi công và bàn giao công trình; cung cấp mô hình BIM hoàn công cho chủ đầu tư đảm bảo đầy đủ thông tin cần thiết cho giai đoạn vận hành, khai thác và bảo trì công trình.

Chương VII
ĐIỀU KHOẢN THI HÀNH

Điều 62. Trách nhiệm thi hành

1. Bộ Xây dựng có các trách nhiệm sau:

a) Chịu trách nhiệm trước Chính phủ thực hiện thống nhất quản lý nhà nước về những nội dung thuộc phạm vi điều chỉnh của Nghị định này. Hướng dẫn, kiểm tra các bộ, ngành, cơ quan, tổ chức có liên quan thực hiện các quy định của Nghị định này;

b) Tổ chức kiện toàn Ban quản lý dự án chuyên ngành bảo đảm đủ năng lực thực hiện quản lý đầu tư xây dựng dự án;

c) Chủ trì xây dựng kế hoạch, chương trình đào tạo tạo nguồn nhân lực cho cơ quan quản lý nhà nước, đơn vị quản lý dự án, đơn vị vận hành, khai thác để quản lý, thực hiện dự án;

d) Chỉ đạo tổ chức thu thập thông tin, dữ liệu chi phí phục vụ việc công bố suất vốn đầu tư, giá xây dựng tổng hợp theo thẩm quyền. Kinh phí được bố trí từ ngân sách nhà nước.

2. Bộ Tài chính có trách nhiệm:

b) Bố trí ngân sách để thực hiện các hoạt động thực hiện trước theo khoản 16 Điều 3 Nghị quyết số 172/2024/QH15.

3. Ủy ban nhân dân cấp tỉnh có trách nhiệm:

a) Thực hiện các nhiệm vụ được giao tại Nghị quyết số 172/2024/QH15 ngày 30 tháng 11 năm 2024, Nghị quyết số 187/2025/QH15 ngày 19 tháng 02 năm 2025 và Nghị quyết số 188/2025/QH15 ngày 19 tháng 02 năm 2025 của Quốc hội;

b) Kiện toàn tổ chức được giao triển khai thực hiện quản lý đầu tư dự án đường sắt đô thị, dự án đường sắt đô thị theo mô hình TOD bảo đảm đủ năng lực thực hiện quản lý đầu tư xây dựng dự án;

c) Tổ chức lập, thẩm định, phê duyệt Quy hoạch vùng phụ cận ga đường sắt; cập nhật, điều chỉnh quy hoạch có liên quan theo quy định của Nghị định này;

d) Chỉ đạo tổ chức thực hiện các nhiệm vụ bồi thường, hỗ trợ tái định cư khu vực mỏ và khu vực dự án; quản lý, giám sát quá trình thực hiện và quản lý mỏ sau khi hoàn thành dự án;

đ) Giao tổ chức, cá nhân khai thác khoáng sản phục vụ dự án; chịu trách nhiệm kiểm soát, công bố giá vật liệu tại mỏ cấp cho dự án;

e) Phối hợp, hỗ trợ chủ đầu tư, các tổ chức, cá nhân có liên quan trong quá trình tổ chức khai thác khoáng sản làm vật liệu xây dựng thông thường phục vụ dự án, gồm: các thủ tục cấp mỏ, nâng công suất mỏ; các thủ tục liên quan đến tài nguyên, môi trường và các thủ tục khác thuộc phạm vi quản lý của địa phương;

g) Hàng năm hoặc khi có yêu cầu, chỉ đạo các chủ đầu tư, cơ quan chuyên môn trực thuộc cung cấp thông tin, tổng hợp số liệu có liên quan phục vụ việc công bố suất vốn đầu tư, giá xây dựng tổng hợp.

4. Bộ Xây dựng, Ủy ban nhân dân thành phố Hà Nội, Thành phố Hồ Chí Minh có trách nhiệm chỉ đạo:

a) Chỉ đạo tổ chức thu thập dữ liệu hệ thống định mức kinh tế - kỹ thuật của các nước trên thế giới để chuyển đổi, hoàn thiện hệ thống định mức xây dựng phục vụ việc quản lý chi phí các công trình thuộc các dự án nêu tại Điều 1 Nghị định này; chỉ đạo tổ chức thu thập thông tin, dữ liệu và xây dựng hệ thống định mức kinh tế - kỹ thuật phục vụ việc ban hành định mức xây dựng và định mức bảo dưỡng, vận hành, bảo trì các công trình thuộc dự án nêu tại Điều 1 Nghị định này;

b) Bố trí ngân sách để thực hiện trách nhiệm nêu tại khoản a Điều này và để vận hành tạm công trình (nếu có);

c) Chỉ đạo hoạt động truyền thông trước, trong đầu tư và sau khi vận hành dự án;

d) Ủy ban nhân dân thành phố Hà Nội, Thành phố Hồ Chí Minh bố trí ngân sách để thực hiện các hoạt động thực hiện trước theo khoản 4 Điều 4 Nghị quyết số 188/2025/QH15.

5. Chủ đầu tư, các đơn vị tư vấn, các nhà thầu và các tổ chức, cá nhân có liên quan có trách nhiệm cung cấp thông tin, dữ liệu phục vụ việc xây dựng hệ thống định mức, phục vụ công tác quản lý nhà nước quy định tại điểm d khoản 1 và điểm a khoản 4 Điều này.

Điều 63. Hiệu lực thi hành

1. Nghị định này có hiệu lực thi hành kể từ ngày ký ban hành.

2. Trường hợp có các quy định khác nhau về cùng một vấn đề giữa Nghị định này và các Nghị định của Chính phủ thì áp dụng quy định tại Nghị định này. Trường hợp Nghị định của Chính phủ ban hành sau ngày Nghị định này có hiệu lực thi hành có các cơ chế, chính sách thuận lợi hơn quy định của Nghị định này thì Bộ Xây dựng, Ủy ban nhân dân thành phố Hà Nội, Thành phố Hồ Chí Minh được quyết định việc áp dụng.

3. Các Bộ trưởng, Thủ trưởng cơ quan ngang bộ, Thủ trưởng cơ quan thuộc Chính phủ, Chủ tịch Ủy ban nhân dân tỉnh, thành phố trực thuộc trung ương chịu trách nhiệm thi hành Nghị định này.