Decree No. 42/2017/NĐ-CP on Amending and Supplementing Certain Provisions of Government Decree No. 59/2015/NĐ-CP dated June 18, 2015, on Project Management for Investment Construction.

DECREE

Regarding amendments and supplements to some articles of Decree No. 59/2015/NĐ-CP

dated June 18, 2015, on project management for construction investment

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Pursuant to the Law organize credit institutions, foreign bank branches are responsible for organizing the implementation of this Circular.organizations by the Government on June 19, 2015;

Pursuant to the Construction Law dated June 18, 2014;

Pursuant to the Law on Public Investment dated June 18, 2014;

Pursuant to the Urban Planning Law dated June 17, 2009;

Considering the proposal of the Minister of Construction;

The Government promulgates this Decree on amending and supplementing some articles of Decree No. 59/2015/NĐ-CP dated June 18, 2015, on project management for construction investment.

Article 1. Amending and supplementing some articles of Decree No. 59/2015/NĐ-CP dated June 18, 2015, on project management for construction
investment, including:

1. Amending and supplementing Clause 1 of Article 5 as follows:

"1. Construction investment projects are classified according to scale, nature, and the main type of works of the project. Projects according to the criteria prescribed by laws on public investment include: National key projects, group A projects, group B projects, and group C projects."

2. Amending and supplementing Clause 2 Article 7 as follows:

"2. The contents of the Preliminary Feasibility Study Report shall be carried out in accordance with Article 53 of the Construction Law 2014, including the following preliminary design scheme:

a) Preliminary information about the construction site; project scale; location, type, and level of the main works of the project;

b) Preliminary general layout plan of the project; drawings showing the preliminary design solutions for the main works of the project;

c) Preliminary information about the production line and technological equipment (if applicable)."

"The entity organizing the examination, issuance, and revocation of specialized bidding business certificates is a public service institution with training and enhancement functions under the management of ministries, ministerial-level agencies, provincial people's committees, or centrally governed municipalities."

"1. The authority to prepare, review the Preliminary Feasibility Study Report and decide on the investment policy shall be implemented in accordance with the laws on investment and public investment."

4. Amend and supplement Clause 2, Clause 3, Clause 5, and add Clause 8 to Article 10 as follows:

"2. For construction investment projects using state budget funds:

a) Except for projects specified in point c of this clause, the specialized agencies under the Ministry of Construction, the ministries managing specific construction sectors as stipulated in Article 76 of this Decree (hereinafter referred to collectively as specialized construction sector ministries) shall take the lead in reviewing the contents prescribed in Article 58 of the Construction Law 2014 for the following projects: Projects assigned by the Prime Minister; group A projects; group B and group C projects (except those requiring preparation of economic and technical reports) decided upon by central agencies, central bodies of political organizations, and political-social organizations (hereinafter referred to collectively as central agencies); projects constructed across administrative areas of two or more provinces;

b) Except for projects specified in point a of this clause, the Construction Departments, specialized construction sector departments as stipulated in Article 76 of this Decree (hereinafter referred to collectively as specialized construction sector departments) shall take the lead in reviewing the contents prescribed in Article 58 of the Construction Law 2014 for group B and group C projects constructed within the administrative area of a province;

c) Specialized construction sector departments directly under Hanoi City and Ho Chi Minh City shall take the lead in organizing the review of projects decided upon by the People's Committee of the city;

d) In cases where the agency leading the review of the project is a specialized agency under the decision-making body, that agency shall be responsible for compiling the review results and submitting them for approval; in other cases, the decision-making body shall consider and assign the specialized agency under it to compile the review results and submit them for approval.

3. For construction investment projects using state capital outside the budget:

a) Specialized agencies under specialized construction sector ministries shall take the lead in reviewing the basic design for the contents prescribed in Clause 2 of Article 58 of the Construction Law 2014 (excluding the technological design part) for projects assigned by the Prime Minister, group A projects; group B and group C projects (except those requiring preparation of economic and technical reports) decided upon by central agencies, state-owned economic groups, and state-owned corporations established by the Prime Minister (hereinafter referred to collectively as state-owned economic groups and state-owned corporations) or state-owned corporations directly under ministries deciding on investment; projects constructed across administrative areas of two or more provinces, except for projects specified in points c and d of this clause;
b) Specialized construction sector departments shall take the lead in reviewing the basic design for the contents prescribed in Clause 2 of Article 58 of the Construction Law 2014 (excluding the technological design part) for group B and group C projects constructed within the administrative area of a province, except for projects specified in points a, d, and e of this clause;

c) Specialized construction sector departments directly under Hanoi City and Ho Chi Minh City shall take the lead in organizing the review of the basic design of projects decided upon by the People's Committee of the city;

d) Specialized agencies under the decision-making body shall take the lead in organizing the review of technological design (if any) and other contents of the Feasibility Study Report as prescribed in Article 58 of the Construction Law 2014, compile the review results, and submit them for project approval; they shall also take the lead in reviewing projects mainly involving procurement of goods and provision of services but containing construction components comprising non-critical works and activities not affecting the investment objectives, operational safety, and usage, and having construction costs below VND 50 billion;

e) In cases where state-owned economic groups and state-owned corporations have the necessary capacity and request to organize their own reviews, the Minister of the specialized construction sector ministry shall decide on the delegation and authorization for state-owned economic groups and state-owned corporations to take the lead in organizing the review of construction investment projects for group B and group C projects with construction works from level II downwards decided upon by state-owned economic groups and state-owned corporations within the specialized construction sector managed by the specialized construction sector ministry.

Delegation and authorization must comply with the principles and conditions prescribed by law. The entity receiving delegated and authorized reviews shall be responsible for the results of the reviews conducted by itself. Review results must be sent to the specialized construction agency under the specialized construction sector ministry for monitoring and management in accordance with regulations.

5. For construction investment projects using other capital:

5. For investment projects using other capital:

a) The specialized construction management agency under the Ministry responsible for managing the relevant construction sector shall take the lead in organizing the review of the basic design regarding the contents as prescribed in Clause 2 of Article 58 of the Construction Law 2014 (excluding the technology design portion) of investment projects with Class I or higher works (excluding investment projects for residential buildings with less than 25 floors and a height not exceeding 75 meters); investment projects for public works, works significantly affecting the landscape, environment, and community safety to be constructed in the administrative areas of two or more provinces;
b) The provincial construction management agency shall take the lead in organizing the review of the basic design regarding the contents prescribed in Clause 2 of Article 58 of the Construction Law 2014 (excluding the technology design portion) of investment projects for residential buildings with less than 25 floors and a height not exceeding 75 meters; investment projects for public works, works significantly affecting the landscape, environment, and community safety for Class II and Class III works constructed in the administrative area of a province;

b) The provincial construction management agency shall take the lead in organizing the review of the basic design regarding the contents prescribed in Clause 2 of Article 58 of the Construction Law 2014 (excluding the technology design portion) of investment projects for residential buildings with less than 25 floors and a height not exceeding 75 meters; investment projects for public works, works significantly affecting the landscape, environment, and community safety for Class II and Class III works constructed in the administrative area of a province;
c) The investor decision-making body shall organize the review of all project contents as prescribed in Article 58 of the Construction Law 2014, excluding the basic design review contents carried out by the construction specialist agencies as provided in points a and b of this clause;

c) The investor decision-making body shall organize the review of all project contents as prescribed in Article 58 of the Construction Law 2014, excluding the basic design review contents carried out by the construction specialist agencies as provided in points a and b of this clause;

8. The competent state authority may implement the delegation and authorization of project reviews and basic design reviews in accordance with the principles and conditions stipulated in Clause 6 of Article 34 of the Government Organization Law and Articles 13 and 14 of the Local Administration Organization Law, specifically as follows:
8. The competent state authority may implement the delegation and authorization of project reviews and basic design reviews in accordance with the principles and conditions stipulated in Clause 6 of Article 34 of the Government Organization Law and Articles 13 and 14 of the Local Administration Organization Law, specifically as follows:

a) The construction specialist agency directly under the Ministry responsible for managing the relevant construction sector may delegate or authorize the provincial construction management agencies to review projects and basic designs of specific projects within their review jurisdiction after obtaining approval from the Minister of the relevant construction management sector;

b) Based on the specific conditions of the locality, the People's Committee of the province shall decide on the implementation of delegation or authorization to the construction management offices under the People's Committees of districts, Industrial Park Management Boards, Export Processing Zone Management Boards, High-Tech Park Management Boards, and Economic Zone Management Boards to review projects and basic designs for projects within the review jurisdiction of the provincial construction management agencies;

5. Amend and supplement Article 13 as follows:

“Article 13. Economic and Technical Investment Construction Report

Investment construction projects only require the preparation of an Economic and Technical Investment Construction Report in accordance with the provisions of Clause 2 of Article 5 of this Decree. The authority to review and approve the Economic and Technical Investment Construction Report shall be implemented as follows:

1. For projects requiring the preparation of an Economic and Technical Investment Construction Report using state budget funds:

a) The construction specialist agency directly under the Ministry responsible for managing the relevant construction sector shall take the lead in reviewing the contents prescribed in Clause 4 of Article 58 of the Construction Law 2014 for the Economic and Technical Investment Construction Report of projects with Class I or higher works decided upon by central-level agencies;

b) The provincial construction management agency shall take the lead in reviewing the contents prescribed in Clause 4 of Article 58 of the Construction Law 2014 for the Economic and Technical Investment Construction Report decided upon by the People's Committee of the province;

c) In accordance with the delegation of the People's Committee of the province, the construction management office under the People's Committee of the district shall take the lead in reviewing the contents prescribed in Clause 4 of Article 58 of the Construction Law 2014 for projects requiring the preparation of an Economic and Technical Investment Construction Report decided upon by the People's Committee of the district or commune;

d) The construction specialist agency directly under the investor decision-making body shall take the lead in organizing the review of the contents prescribed in Clause 4 of Article 58 of the Construction Law 2014 for projects requiring the preparation of an Economic and Technical Investment Construction Report decided upon by central-level ministries, agencies, or state-owned corporations, except for the projects specified in point a of this clause. The results of the review must be sent to the construction specialist agency under the Ministry responsible for managing the relevant construction sector for monitoring and management in accordance with regulations.

If the construction specialist agency under the investor decision-making body does not have the necessary conditions to carry out the review work, it shall require the investor to submit the review to the construction specialist agency under the Ministry responsible for managing the relevant construction sector or the provincial construction management agency where the investment construction project is being implemented.

2. For projects requiring the preparation of an Economic and Technical Investment Construction Report using non-budget state funds:

a) The construction specialist agency under the Ministry responsible for managing the relevant construction sector shall take the lead in reviewing the contents prescribed in points c, d, đ, and e of Clause 4 of Article 58 of the Construction Law 2014 for the construction drawings and budget of the Economic and Technical Investment Construction Report of projects with Class I or higher works decided upon by central-level agencies, economic groups, or state-owned corporations;

b) The provincial construction management agency shall take the lead in reviewing the contents prescribed in points c, d, đ, and e of Clause 4 of Article 58 of the Construction Law 2014 for the construction drawings and budget of the Economic and Technical Investment Construction Report decided upon by the People's Committee of the province;
c) In accordance with the delegation of the People's Committee of the province, the construction management office under the People's Committee of the district shall take the lead in reviewing the contents prescribed in points c, d, đ, and e of Clause 4 of Article 58 of the Construction Law 2014 for the construction drawings and budget (excluding the technology design portion) for projects requiring the preparation of an Economic and Technical Investment Construction Report decided upon by the People's Committee of the district or commune;

d) The investor decision-making body shall organize the review of the contents prescribed in points a and b of Clause 4 of Article 58 of the Construction Law 2014 and the technology design portion (if any) for projects specified in clauses a, b, and c.

d) The investor decision-maker shall organize the review of the contents stipulated in points a and b, Clause 4, Article 58 of the Construction Law 2014 and the technological design section (if any) for the projects specified in items a, b, and c.
This provision;

d) The specialized agency under the investment decision maker shall take the lead in organizing the review of the contents stipulated in Clause 4 of Article 58 of the Construction Law 2014 for projects requiring preparation of the Economic and Technical Investment Report on construction investment decided by ministries, central agencies, economic groups, state-owned corporations, except for projects specified in point a of this clause. The review results must be sent to the specialized agency on construction under the Ministry managing the specialized construction sector for monitoring and management in accordance with regulations.

In case the specialized agency under the investment decision maker does not have the conditions to carry out the review work, it shall require the investor to submit the design drawings and construction budget for review at the specialized agency under the Ministry managing the specialized construction sector or the Department managing the specialized construction sector where the project is located.

3. For projects requiring preparation of the Economic and Technical Investment Report on construction investment using other capital:

a) The specialized agency on construction under the Ministry managing the specialized construction sector shall take the lead in organizing the review of the contents prescribed in points c and d of Clause 4 of Article 58 of the Construction Law 2014 for the construction design drawings (excluding the technology design part) of the Economic and Technical Investment Report on construction investment for class I and above construction works (excluding construction works within housing construction projects with a scale of less than 25 floors and a height not exceeding 75 meters); public works; works significantly affecting the landscape, environment, and community safety located in administrative areas of two provinces or more;

b) The Department managing the specialized construction sector shall take the lead in organizing the review of the contents prescribed in points c and d of Clause 4 of Article 58 of the Construction Law 2014 for the construction design drawings (excluding the technology design part) of the Economic and Technical Investment Report on construction investment for housing construction projects with a scale of less than 25 floors and a height not exceeding 75 meters; public works; works significantly affecting the landscape, environment, and community safety for class II and III works located in the administrative area of a province, except for projects specified in point a
of this clause;

c) The investment decision maker shall organize the review of all contents of the Economic and Technical Investment Report according to Clause 4 of Article 58 of the Construction Law
2014, excluding the review contents carried out by the specialized agency on construction as prescribed in points a and b of this clause.

4. The investment decision maker shall approve the construction design drawings and construction budget of the Economic and Technical Investment Report on construction investment.”

Article 15. Inspection labels for fire prevention and firefighting equipment

“1. The organization of design competition, selection of architectural design proposals proposed in the investment orientation or feasibility study report.

2. Large-scale public works with special architectural requirements must organize design competitions, selection of architectural design proposals including:

a) Class I and special-class public works;

b) Works with special architectural requirements include: Central railway stations at provincial level, civil aviation airports; urban bridges from class II and above, urban railway stations from class II and above; monuments, works representing the tradition, culture, and history of the locality; works of significant importance, focal points in cities and on main roads determined in the planning and design schemes, urban planning and architectural management regulations approved by competent authorities.

3. The Ministry of Construction shall provide detailed guidance on the Design Competition Committee; forms of design competition and proposal selection; procedures, formalities, rights, and responsibilities of relevant agencies, organizations, and individuals related to design competition and proposal selection for architectural design of construction works; and costs for design competition and proposal selection for construction works.

4. When having the necessary capacity to implement according to regulations, organizations and individuals with selected architectural design proposals shall be prioritized to undertake subsequent design steps of the project.”

7. Amend and supplement Clause 1, Clause 3 of Article 17 as follows:

“1. The Minister, Head of a central agency, Chairman of the People's Committee of a province or district, Chairman of the Board of Members, Chairman of the Board of Directors of economic groups, state-owned corporations decide to establish a specialized project management board, regional project management board (hereinafter referred to as the specialized project management board, regional project management board) to assign as the investor for some projects and simultaneously manage multiple projects funded by the state budget, non-state budget funds, and participate in consulting management of other projects when necessary.

Depending on the number, scale of managed projects, and specific organizational implementation conditions, the Minister may delegate authority to the Director General under the Ministry to establish a subordinate project management board to manage projects decided by the General Department.

3. Operation mechanism of the specialized project management board, regional project management board:

a) The specialized project management board, regional project management board established by
the Minister, Head of a central agency, Chairman of the People's Committee of a province or district is a special public service unit, applying the self-financing mechanism to ensure regular expenses as prescribed in Decree
No. 16/2015/NĐ-CP dated February 14, 2015 of the Government on the self-management mechanism of public service units;

b) The specialized project management board, regional project management board established by the authorized representative of economic groups, state-owned corporations is a member unit with independent accounting or a dependent accounting unit using the legal personality of the parent company to manage and implement projects. The specialized project management board, regional project management board is organized and established according to the resolution of the Board of Members, Board of Directors and operates on a self-funding mechanism or receives operational funding in the case of a dependent accounting unit of the
parent company.

c) The project management board of the specialized sector, the regional project management board shall have full legal personality, be entitled to use its own seal, open accounts at the state treasury and commercial banks in accordance with regulations; perform the functions, tasks, and powers of the investor and directly organize the management and implementation of assigned projects; bear legal responsibility before the law and the investment decision-maker for their activities; manage the operation, exploitation, and use of completed works when handed over by the investment decision-maker.

8. Amend and supplement Clause 1 of Article 21 as follows:

“1. The investor shall use its own legal personality and a specialized apparatus meeting the conditions and having the capacity to directly manage construction investment projects with a total investment value under VND 15 billion; in cases where it does not meet the conditions to implement, the investor may hire organizations or individuals with the required qualifications and capacity as stipulated in this Decree.”

9. Amend and supplement Clause 1 of Article 24 as follows:

“1. Authority to review design and budget estimate:

a) The specialized construction management agency under the Ministry in charge of managing the specialized sector shall organize the review of technical design and construction budget estimate (in three-step design) and construction drawing design and construction budget estimate (in two-step design) for special-class and class I projects (excluding residential buildings with less than 25 floors and a height not exceeding 75 meters); projects assigned by the Prime Minister; projects within specialized sector projects decided to invest in by itself; projects within projects invested in on administrative areas involving two or more provinces, except for projects specified in point c of this clause;

b) The specialized construction management agency under the provincial department shall organize the review of technical design and construction budget estimate (in three-step design) and construction drawing design and construction budget estimate (in two-step design) for residential buildings with less than 25 floors and a height not exceeding 75 meters; projects from class II downwards invested in on the administrative area of the province, except for projects specified in point a of this clause;

c) The specialized construction management agency under the municipal departments of Hanoi City and Ho Chi Minh City shall organize the review of technical design and construction budget estimate (in three-step design) and construction drawing design and construction budget estimate (in two-step design) for projects within projects decided to invest in by the municipal People's Committee.”

10. Amend and supplement Clause 1 of Article 25 as follows:

“1. Authority to review design and construction budget estimate:

a) The specialized construction management agency under the Ministry in charge of managing the specialized sector shall organize the review of technical design and construction budget estimate (in three-step design) and construction drawing design and construction budget estimate (in two-step design) for special-class and class I projects (excluding residential buildings with less than 25 floors and a height not exceeding 75 meters); projects from class III upwards within projects decided to invest in by economic groups and state-owned corporations under its management scope; projects assigned by the Prime Minister; and projects within projects decided to invest in by itself, projects within projects invested in on administrative areas involving two or more provinces, except for projects specified in points c and d of this clause;

b) The specialized construction management agency under the provincial department shall organize the review of technical design and construction budget estimate (in three-step design) and construction drawing design and construction budget estimate (in two-step design) for residential buildings with less than 25 floors and a height not exceeding 75 meters; projects from class III upwards invested in on the administrative area of the province, except for projects specified in points a and d of this clause;

c) The specialized construction management agency under the municipal departments of Hanoi City and Ho Chi Minh City shall organize the review of technical design and construction budget estimate (in three-step design) and construction drawing design and construction budget estimate (in two-step design) for projects within projects decided to invest in by the municipal People's Committee;

d) In cases where economic groups and state-owned corporations have the necessary qualifications and capacity and request to organize the review themselves, the Minister in charge of managing the specialized sector shall decide to delegate authority to economic groups and state-owned corporations to organize the review of technical design and construction budget estimate (in three-step design) and construction drawing design and construction budget estimate (in two-step design), and the technological design part (if any) for projects from class II downwards within projects decided to invest in by economic groups and state-owned corporations under the management scope of the Ministry in charge of managing the specialized sector.

Delegation of authority must comply with the principles and conditions prescribed by law. The entity receiving delegated authority shall be responsible for the results of the review conducted by itself. The results of the review must be sent to the specialized construction management agency under the Ministry in charge of managing the specialized sector for monitoring and management;

đ) The investment decision-maker shall organize the review of design and construction budget estimate for the remaining projects; organize the review of the design and budget estimate of the technological part (if any) for projects specified in points a, b, and c of this clause.
”

11. Amend and supplement Clause 1 of Article 26 as follows:

“1. Authority to review design and construction budget estimate:

a) The specialized construction management agency under the Ministry in charge of managing the specialized sector shall organize the review of technical design (in three-step design) and construction drawing design (in two-step design) for special-class and class I projects (excluding residential buildings with less than 25 floors and a height not exceeding 75 meters), public projects, projects significantly affecting the landscape, environment, and community safety within projects invested in on administrative areas involving two or more provinces;

b) The specialized construction management authority shall be primarily responsible for reviewing the technical design (in cases where there are three stages of design) and the construction drawing design (in cases where there are two stages of design) of residential buildings with a scale of less than 25 floors and a height not exceeding 75 meters; public buildings and construction projects significantly affecting the landscape, environment, and community safety at level II and III constructed within the administrative territory of a province, except for projects specified in point a of this clause;

c) The investment decision-maker shall organize the review of the design and construction budget estimates for the remaining projects; review the process design (if any) and construction budget estimates for projects specified in points a and b of this clause;

12. Amend and supplement Clause 5 and add Clauses 9 and 10 to Article 30 as follows:

“5. In cases where an investment project includes multiple construction projects of different types and levels, the leading review agency shall be the agency responsible for reviewing the main project with the highest level in the project.

9. The competent state agencies may implement the分级审批和授权设计、预算审查，具体依据《政府组织法》第三十四条第六款和《地方各级人民政府组织法》第十三条、第十四条的规定，确保符合相关原则和条件；
as follows:

a) Specialized construction management agencies under the Ministry of specialized construction management that have been delegated or authorized to review the design and construction budget estimates of specific projects within their review jurisdiction may delegate such tasks to provincial specialized construction management departments after obtaining approval from the Minister of specialized construction management;

b) Based on the specific conditions of the locality, the Provincial People's Committee decides to implement the delegation or authorization of design and construction budget review for projects within the review jurisdiction of the provincial specialized construction management department to the construction management offices under the County People's Committees, Industrial Park Management Boards, Export Processing Zone Management Boards, High-Tech Park Management Boards, and Economic Zone Management Boards;

10. For projects implemented under the EPC general contracting model, the Ministry of Construction shall specify detailed regulations on the review of construction design”.

13. Amend and supplement Article 47 as follows:

Article 47. Construction Planning Design Practice Certificate

1. Individuals eligible for certification to practice urban planning and construction design must hold a bachelor’s degree or higher in architecture, urban planning, or other relevant fields that meet the requirements of the planning project and satisfy the corresponding conditions for the following categories:

a) Category I: Have served as the lead designer or lead reviewer of at least five planning projects approved by the Prime Minister or ten planning projects (of which at least five are regional or overall planning projects) approved by the provincial People's Committee; all projects mentioned herein have been approved by the competent authority;

b) Category II: Have served as the lead designer or lead reviewer of at least six planning projects approved by the provincial People's Committee or twelve planning projects (of which at least three are overall village construction planning projects) approved by the county People's Committee; all projects mentioned herein have been approved by the competent authority;

c) Category III: Have participated in designing or reviewing at least one planning project approved by the Prime Minister, three planning projects approved by the provincial People's Committee, or five planning projects approved by the county People's Committee; all projects mentioned herein have been approved by the competent authority;

2. Scope of activities:

a) Category I: Eligible to serve as the project leader and lead designer of all planning projects;

b) Category II: Eligible to serve as the project leader and lead designer of all planning projects, except for inter-provincial regional planning projects;

c) Category III: Eligible to serve as the project leader of planning projects approved by the county People's Committee, and lead designer of planning projects approved by the provincial and county People's Committees;

d) Individuals who have not yet obtained a certificate to practice urban planning and construction design are eligible to participate in the preparation of all types of planning projects according to their specialty, but they are not eligible to assume the roles of project leader or lead designer”.

14. Amend and supplement Clause 1 of Article 48 as follows:

“1. Fields covered by certificates for practicing construction design include:

a) Building architectural design;

b) Structural design of construction projects;

c) Electrical and mechanical design of construction projects;

d) Water supply and drainage design;

đ) Ventilation and air conditioning design;

e) Fire prevention and explosion protection design of construction projects”.

15. Amend and supplement Clause 2 of Article 49 as follows:

“2. Conditions for issuing a certificate to practice construction supervision:

a) Category I: Have served as the chief supervisor or directly supervised construction work related to the content of the requested certificate for at least one Class I project or two Class II projects of the same type as the requested certificate;

b) Category II: Have served as the chief supervisor or directly supervised construction work related to the content of the requested certificate for at least one Class II project or two Class III projects of the same type as the requested certificate;

c) Category III: Have directly supervised construction work related to the content of the requested certificate for at least one Class III project or two Class IV projects of the same type as the requested certificate
for the requested certificate”.

16. Amend and supplement Article 50 as follows:

“1. Conditions for issuing a certificate to practice construction inspection:

a) Category I: Have served as the lead inspector or lead designer for at least one Class I project or two Class II projects of the same type as the requested certificate;

b) Category II: Have served as the lead inspector or lead designer for at least one Class II project or two Class III projects of the same type as the requested certificate;

c) Class III: Has participated in inspection or design of at least two Class III projects or three Class IV projects of the same type as the project for which the practice certificate is being applied for.

2. Scope of activities:

a) Class I: Is authorized to lead quality inspections, determine causes of damage, causes of incidents, and service life of parts and projects of all levels of the same type as those listed on the practice certificate; is authorized to lead quality inspections of construction materials, construction products, and construction components.

b) Class II: Is authorized to lead quality inspections, determine causes of damage, causes of incidents, and service life of parts and projects from Class II downwards of the same type as those listed on the practice certificate; is authorized to lead quality inspections of construction materials, construction products, and construction components.

c) Class III: Is authorized to lead quality inspections, determine causes of damage, causes of incidents, and service life of parts and projects of Class III and Class IV of the same type as those listed on the practice certificate; is authorized to lead quality inspections of construction materials, construction products, and construction components.

17. Amend and supplement Article 51 as follows:

“Article 51. Qualification Conditions for Individuals Responsible for Occupational Safety Work

Individuals responsible for occupational safety work or serving as dedicated staff for occupational safety during construction project implementation must comply with the regulations on practice conditions stipulated in laws on safety and labor hygiene.

18. Amend and supplement Article 54 as follows:

“Article 54. Practice Certificate for Project Management

1. Individuals holding the position of Project Management Director must have a practice certificate for project management that corresponds to the type and scale of the project as specified in this Article.

2. Individuals with professional qualifications in the construction field corresponding to the requirements of the project may be issued a practice certificate for project management when they meet the following corresponding conditions for each class:

a) Class I: Have served as Project Management Director for one Group A project or two Group B projects of the same type.

b) Class II: Have served as Project Management Director for one Group B project or two Group C projects of the same type.

c) Class III: Have directly participated in managing one Group C project of the same type.

3. Scope of activities:

a) Class I: Is authorized to serve as Project Management Director for all groups of projects corresponding to the type of project listed on the practice certificate.

b) Class II: Is authorized to serve as Project Management Director for Group B and Group C projects corresponding to the type of project listed on the practice certificate.

c) Class III: Is authorized to serve as Project Management Director for Group C projects and other projects requiring preparation of Economic and Technical Investment Construction Reports corresponding to the type of project listed on the practice certificate.

19. Amend and supplement Article 57 as follows:

“Article 57. General Provisions on Construction Activity Capability Certificates

1. Organizations participating in the following areas must hold a construction activity capability certificate:

a) Construction surveying;

b) Urban planning;

c) Design and review of construction project designs;

d) Preparation and review of investment construction projects;

đ) Project management consultancy;

e) Construction of construction projects;

g) Supervision of construction works;

h) Construction inspection;

i) Construction cost management.

2. Common conditions for obtaining a construction activity capability certificate:

a) Possess a business registration certificate or establishment decision from the competent authority as prescribed by law;

b) Key personnel positions must be held by individuals under contract with the organization applying for the construction activity capability certificate;

c) For special nature projects such as nuclear power plants, chemical production facilities, explosive material production facilities, key personnel positions must not only hold the appropriate practice certificates but also receive specialized training in the specific fields of these projects.

3. The construction activity capability certificate is valid for a maximum period of five years. Organizations must apply for renewal when the certificate expires or when there is a need. In cases where there are changes to the content of the construction activity capability certificate, the renewal procedures must be completed within twenty days from the date of change.

4. The Ministry of Construction will uniformly manage construction activity capability certificates nationwide through the issuance and management of certificate capability number codes; publicly listing organizations that have been granted construction activity capability certificates on its official website.

20. Amend and supplement Article 66 as follows:

Article 66. Construction Site Supervision Organization's Capability Certificate

1. Class I:

a) Must have at least ten individuals with Class I supervision practice certificates corresponding to the type of project for which the capability certificate is being applied for;

b) Must have at least fifteen individuals within the quality management system of the construction site supervision organization who have the relevant professional expertise corresponding to the type of project for which the capability certificate is being applied for;

c) Must have supervised construction of at least one Class I project or two Class II projects of the same type as the project for which the capability certificate is being applied for.

2. Level II:

a) Must have at least ten individuals with Class II supervision practice certificates corresponding to the type of project for which the capability certificate is being applied for;

b) Must have at least fifteen individuals within the quality management system of the construction site supervision organization who have the relevant professional expertise corresponding to the type of project for which the capability certificate is being applied for;

c) Must have supervised construction of at least one Class II project or two Class III projects of the same type as the project for which the capability certificate is being applied for.

3. Level III:

a) Must have at least five individuals with Class III supervision practice certificates corresponding to the type of project for which the capability certificate is being applied for;

b) Must have at least ten individuals within the quality management system of the construction site supervision organization who have the relevant professional expertise corresponding to the type of project for which the capability certificate is being applied for.

4. Scope of Activities:

a) Class I: Is authorized to supervise construction of all levels of projects of the same type as those listed on the capability certificate;

b) Class II: Is authorized to supervise construction of projects from Class II downwards of the same type as those listed on the capability certificate;

c) Class III: Is authorized to supervise construction of projects from Class III downwards of the same type as those listed on the capability certificate.

21. Add Article 66a after Article 66 as follows:

"Article 66a. Certification of capacity for construction inspection organizations

1. Level I:

a) Having at least 10 individuals with Class I construction inspection practice certificates that match the type of project for which the capacity certification is being applied for;

b) Having at least 15 individuals within the quality management system of the construction inspection organization who have expertise and vocational skills matching the type of project for which the capacity certification is being applied for;

c) Having conducted construction inspections on at least one Class I project or two Class II projects of the same type.

2. Level II:

a) Having at least 10 individuals with Class II construction inspection practice certificates that match the type of project for which the capacity certification is being applied for;

b) Having at least 10 individuals within the quality management system of the construction inspection organization who have expertise and vocational skills matching the type of project for which the capacity certification is being applied for;

c) Having conducted construction inspections on at least one Class II project or two Class III projects of the same type.

3. Level III:

a) Having at least five individuals with Class III construction inspection practice certificates that match the type of project for which the capacity certification is being applied for;

b) Having at least five individuals within the quality management system of the construction inspection organization who have expertise and vocational skills matching the type of project for which the capacity certification is being applied for.

4. Scope of Activities:

a) Class I: Authorized to inspect the quality, determine the causes of damage, causes of incidents, and service life of parts and projects of all levels of the same type as those listed in the capacity certification; authorized to inspect the quality of construction materials, products, and components;

b) Class II: Authorized to inspect the quality, determine the causes of damage, causes of incidents, and service life of parts and projects from Class II downwards of the same type as those listed in the capacity certification; authorized to inspect the quality of construction materials, products, and components;

c) Class III: Authorized to inspect the quality, determine the causes of damage, causes of incidents, and service life of parts and projects of Class III and IV of the same type as those listed in the capacity certification; authorized to inspect the quality of construction materials, products, and components".

22. Amend and supplement Article 74 as follows:

"1. Foreign contractors shall have the following rights:

a) The right to request relevant authorities to guide the preparation of documents for obtaining construction operation permits and other issues related to the contractor's activities as stipulated in this Decree;

b) The right to report and lodge complaints about violations committed by organizations and individuals performing tasks according to the provisions of this Decree;

c) The right to protect their legitimate business interests in Vietnam according to the tender permit issued;

d) The right to directly handle import and export procedures, temporary import for re-export, temporary export for re-import, and liquidation of goods related to the awarded contract at customs offices according to Vietnamese laws on import and export management.

2. Foreign contractors have the following obligations:

a) Registering the address, telephone number, fax, email of the project management office and the representative responsible for implementing the contract with relevant agencies according to the regulations of the provincial People's Committee where the awarded project is located. For contractors implementing packages of planning, investment project preparation, construction survey, and design contracts, they may register the above contents in another locality not necessarily where the awarded project is located.

After completing the registration of the above contents, the contractor shall notify this information directly or through postal services to the Ministry of Construction, Ministry of Public Security, Ministry of Finance, State Bank of Vietnam, and the provincial People's Committee where the construction project is located, according to the guidance of the Ministry of Construction;

b) Registering the use of the project management office stamp with the provincial police department where the construction project is located. Foreign contractors may only use this stamp for work serving the implementation of the contract in Vietnam according to the tender permit. Upon completion of the contract, foreign contractors must return the stamp to the issuing authority;

c) Registering and paying taxes according to Vietnamese laws, implementing accounting systems, opening accounts, and making payments according to the guidelines of the Ministry of Finance and the State Bank of Vietnam to serve business operations under
the contract;

d) Implementing labor recruitment, using Vietnamese and foreign workers according to Vietnamese laws on labor;

Only allowed to bring into Vietnam specialized economic and technical managers and highly skilled personnel that Vietnam cannot adequately provide;

Foreign nationals working for foreign contractors in Vietnam must comply with Vietnamese laws on entry-exit, temporary residence or permanent residence registration, and application for work permits according to Vietnamese laws on labor;

f) Implementing joint venture contracts signed with Vietnamese contractors or using Vietnamese subcontractors identified in the application for a Construction Operation Permit;

g) Purchasing insurance according to Vietnamese laws for the contractor's work including: Professional liability insurance for investment construction consulting contractors; property and goods insurance for procurement contractors; various types of insurance for construction contractors and other insurance schemes according to Vietnamese laws;

h) Inspecting the quality of imported materials and equipment provided under the awarded contract;

i) Inspecting the safety of construction equipment and transportation means related to the contractor's business activities according to Vietnamese laws;

j) Adhering to Vietnamese laws on standards, quality management of construction projects, occupational safety, and environmental protection as well as other relevant Vietnamese laws;

l) Implementing reporting requirements as stipulated in the Construction Operation Permit;

l) When completing the project, foreign contractors must prepare completion documentation for the project; be responsible for warranty services; settle accounts for imported materials and equipment; handle surplus materials and equipment within the construction contract according to import and export regulations; re-export construction materials and equipment that have been registered under the temporary import-reexport regime; terminate the contract; and simultaneously notify relevant state management agencies about the conclusion of the contract and the cessation of operations of the project management office.

23. Amend and supplement Clause 1 of Article 75 as follows:

“1. A tendering and subcontracting contract may only be signed when the foreign contractor has obtained a Construction Business License issued by the competent state authority; guide foreign contractors to comply with the provisions of this Decree and other relevant laws; assist foreign contractors in preparing documents related to the contracted project that they must declare in the tender application and other procedures as required by Vietnamese law.”

24. Amend and supplement Clause 8 of Article 76 as follows:

“8. Ministries managing specialized construction projects, People's Committees of provinces and centrally governed cities, economic groups, and state-owned corporations have the responsibility to submit regular annual reports on the management of investment construction activities to the Ministry of Construction for consolidation and monitoring. The Ministry of Construction will provide guidance on the content, format, and time frame for these reports.”

Article 2. Abolish the following provisions:

1. The provisions at Clauses 6 and 7 of Article 34, Clause 3 of Article 69, and Appendix I issued together with Decree No. 59/2015/NĐ-CP dated June 18, 2015 on project management for investment construction.

2. The provision at Clause 3 of Article 38 of Decree No. 117/2007/NĐ-CP dated July 11, 2007 on production, supply, and consumption of clean water.

Article 3. Transitional Provisions

1. For investment construction projects and design, construction cost estimates of project components submitted for review by the competent authority before the effective date of this Decree, they shall continue to be implemented according to the provisions of Decree No. 59/2015/NĐ-CP dated June 18, 2015 on project management for investment construction; if adjustments to the project, design, and construction cost estimates of these projects are made after the effective date of this Decree, then all provisions of this Decree must be fully complied with.
3. Build-Operate-Transfer Contract (hereinafter referred to as BOT Contract) is a contract signed between the competent state agency and the investor, project enterprise to construct infrastructure works; after completion of the works, the investor, project enterprise has the right to operate the works for a certain period of time; at the end of the period, the investor, project enterprise transfers the works to the competent state agency.

2. Competence certificates and practice certificates for construction activities issued by the competent authority according to regulations prior to the effective date of this Decree shall continue to be valid until their expiration dates. Organizations and individuals who have submitted applications before the effective date of this Decree but have not yet received competence certificates and practice certificates for construction activities shall continue to update and supplement their applications (if necessary) in accordance with the provisions of this Decree to proceed with the issuance of the certificates.

Article 4. Effectiveness and Implementation

1. This Decree takes effect from June 1, 2017.

2. Ministers, heads of ministerial-level agencies, heads of government agencies, and chairpersons of provincial people's committees directly under the central government are responsible for implementing this Decree./.