Law Amending and Supplementing Certain Articles of the Construction Law No. 62/2020/QH14

LAW

AMENDMENTS AND SUPPLEMENTS TO CERTAIN PROVISIONS OF THE LAW ON URBAN DEVELOPMENT

On the basis of the Constitution of the Socialist Republic of Vietnam;

The National Assembly promulgates this Law to amend and supplement certain provisions of the Urban Development Law No. 50/2014/QH13 which has been amended and supplemented by Laws No. 03/2016/QH14, No. 35/2018/QH14, and No. 40/2019/QH14.

Article 1. Amendments and supplements to certain provisions of the Urban Development Law

1. Amendments and supplements to certain clauses of

as follows:

a) Amend and supplement Clause 1 as follows:

“1. Feasibility Study Report for Investment Construction Projects are documents presenting preliminary research contents on the necessity, feasibility, and effectiveness of investment construction projects, serving as the basis for decision-making or approval of investment construction projects.”

b) Amend and supplement Clause 4 as follows:

“4. Specialized Construction Management Department is the Ministry assigned the task of managing investment construction projects within its specialized construction sector according to the provisions of this Law.”

c) Amend Clause 10 as follows:

“10. Construction Project is a product constructed according to design, formed by human labor, building materials, equipment installed in the project, fixed in position with land, which may include parts below ground level, above ground level, below water level, and above water level.”

d) Amending and supplementing Clause 13 as follows:

“13. Specialized Construction Management Agency is the agency assigned to manage construction under the Specialized Construction Management Department, Provincial People's Committee; the agency assigned to manage construction under the District People's Committee; Industrial Park Management Board, Export Processing Zone Management Board, High-Tech Park Management Board, Economic Zone Management Board.”

đ) Supplementing Clause 15a after Clause 15 as follows:

“15a. Urban Development Investment Project is an investment construction project with mixed functions, a synchronized system of technical infrastructure and social infrastructure including housing or other construction works according to the urban planning approved by the competent authority for new construction or renovation and upgrading of the city.”

e) Abolishing Clause 29;

g) Amending and supplementing Clause 36 as follows:

“36. Review is the inspection and evaluation by the investment decision-maker, investor, and specialized construction management agency of necessary contents during the preparation and implementation of investment construction projects according to the provisions of this Law, including the review by the investment decision-maker and investor to decide on investment construction and approve construction designs; the review by the specialized construction management agency to supervise compliance with laws by all participants in construction activities.”

h) Supplementing Clause 46 after Clause 45 as follows:

“46. Hazardous Area in Construction Site is the limit of areas inside and around the construction site where dangerous factors that can cause damage to people, construction projects, property, equipment, and means of transportation due to construction activities may appear, determined according to technical standards and construction organization measures.”

2. Amendments and supplements to certain clauses of

as follows:

a) Amend and supplement Clause 1 as follows:

“1. Ensuring construction projects comply with planning, design, landscape protection, and environmental protection; being suitable with natural conditions, social conditions, and cultural characteristics of the locality; ensuring the stability of people's lives; combining economic and social development with national defense, security, disaster prevention, and climate change response.”

b) Amend and supplement Clause 6 as follows:

“6. Organizations and individuals participating in construction activities must have sufficient capacity conditions as prescribed; they are responsible for the quality of work performed according to the provisions of this Law.”

c) Amending and supplementing Clause 8 and supplementing Clause 9 after Clause 8 as follows:

“8. Clearly defining the state management function in investment construction activities with the investment decision-maker and investor's management function suitable for each type of capital used.

9. When formulating and implementing urban planning, investment construction, managing and operating construction projects, developing building materials, technical solutions and management measures must be implemented to ensure energy conservation, efficient resource utilization, and environmental protection.”

3. Amending and supplementing

as follows:

"Article 5. Types and Levels of Construction Projects

1. The type of construction project is determined based on the structural characteristics and usage functions of the project.

2. The level of construction projects is determined for each type of project, including:

a) The level of construction projects serving the management of investment construction activities stipulated in this Law is determined based on the scale, importance, and technical parameters of the project, including special level, Level I, Level II, Level III, and Level IV, except for cases provided for in point b of this clause;

b) The level of construction projects serving design construction is specified in technical standards and regulations. The level of construction projects serving other management contents is carried out according to relevant laws.

3. The Government shall provide detailed regulations on types of construction projects.

4. The Minister of Construction shall provide detailed regulations on levels of construction projects stipulated in point a of Clause 2 of this Article.”

4. Amending and supplementing

as follows:

"Article 7. Investor

1. The investor is determined before preparing the investment construction project proposal or when approving the project or other cases as prescribed by relevant laws.

2. Based on the source of funds used for the investment construction project, the determination of the investor is regulated as follows:

a) For projects using public investment capital, the determination of the investor is carried out according to the provisions of Clause 3 of this Article and the Public Investment Law;

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

c) For projects invested through the public-private partnership model (hereinafter referred to as PPP projects), the investor is the PPP project company established according to the Public-Private Partnership Investment Law.”

d) For projects using lawful investment capital of organizations and individuals not falling under the cases stipulated in points a, b, and c of this clause (hereinafter referred to as projects using other capital), where laws on investment provide that investors must be selected to implement such projects, the project proponent is the investor approved by the competent state agency. In cases where multiple investors participate, the investors may establish an organization or authorize one investor to act as the project proponent. If relevant laws provide for the selection and recognition of the project proponent, the selection and recognition of the project proponent must meet the conditions and comply with the provisions of those laws.

đ) For projects not falling under the cases stipulated in points a, b, c, and d of this clause, the project proponent is the organization or individual investing capital to construct the project.

3. Based on the specific conditions of public investment projects, the investment decision maker assigns the specialized Project Management Board for Investment Construction or the Regional Project Management Board for Investment Construction to act as the project proponent. In cases where there is no Project Management Board or where the existing Project Management Board does not have the necessary conditions to carry out the project, the investment decision maker assigns an agency or organization with experience and management capacity to act as the project proponent.

4. The project proponent is responsible before the law, the investment decision maker, and the competent state agency within the scope of their rights and obligations as prescribed by this Law and other relevant laws.

5. Amend and supplement

as follows:

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

6. Amend and supplement some clauses of

as follows:

a) Amend and supplement Clause 1 as follows:

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

b) Add Clause 4 after Clause 3 as follows:

“4. The State has policies to encourage research and application of advanced science and technology, application of information technology in investment construction activities; investment and certification of construction works using energy and resources efficiently, ensuring environmental protection requirements; development of eco-cities, smart cities, adapting to climate change, and sustainable development.”

7. Amend and supplement some points and clauses of

as follows:

a) Add point c after point b clause 2 as follows:

“c) Zoning plan for functional area construction.”

b) Amend and supplement Clause 3 as follows:

“3. The People's Committee of the district shall approve the tasks and detailed construction planning and rural planning within its administrative boundaries after receiving a written agreement from the construction planning management agency under the People's Committee of the province.”

8. Amend and Supplement

as follows:

“

Article 49. Classification of investment construction projects

1. Investment construction projects are classified based on scale, level of importance; service function, nature of the project, and purpose of management; source of capital used and form of investment.

2. Based on scale and level of importance, investment construction projects are classified into national key projects, group A projects, group B projects, and group C projects according to the criteria prescribed by laws on public investment.

3. Based on service function, nature of the project, and purpose of management, investment construction projects are classified into the following types of projects:

a) Civil construction investment projects;

b) Industrial construction investment projects;

c) Technical infrastructure construction investment projects;

d) Transportation construction investment projects;

đ) Agricultural and rural development construction investment projects;

e) National defense and security construction investment projects;

g) Housing construction investment projects, urban development construction investment projects, and other mixed-use construction investment projects.

4. Based on the source of capital used and form of investment, investment construction projects are classified into the following types of projects:

a) Public investment projects;

b) State capital projects outside public investment;

c) PPP projects;

d) Other capital projects.

5. Investment construction projects can use one or more different sources of capital; they can include one or more works of different types and levels.

6. The Government shall specify details of this Article.”

9. Amend and supplement

as follows:

“2. The division of investment construction projects into component projects and phased investment is regulated as follows:

a) An investment construction project is divided into component projects when each component project can operate and be exploited independently. After division, the component projects are managed as independent projects. For projects using public investment capital, the division into component projects is carried out in accordance with the laws on public investment. For other projects, the division into component projects is decided by the investment decision maker before preparing the project or deciding to invest in construction, ensuring the requirements set forth in the decision or approval of the investment proposal or relevant laws (if applicable), except where otherwise provided by law;

b) Phased investment is reflected in the Feasibility Study Report for Investment Construction and the Decision on Investment Construction, consistent with the progress and time frame of the project as specified in the decision or approval of the investment proposal.”

10. Amend and supplement

as follows:

“Article 52. Preparation of Investment Construction Projects

1. When conducting investment construction, the project proponent or the agency or organization assigned the task of preparing the project must prepare a Feasibility Study Report for Investment Construction, except in cases stipulated in clauses 3 and 4 of this Article. The content of the Feasibility Study Report for Investment Construction must be consistent with the requirements of each type of project. The preparation of the Feasibility Study Report for Investment Construction must comply with the provisions of this Law and other relevant laws.

2. Prior to preparing the Feasibility Study Report for Investment Construction, the preparation of a Preliminary Feasibility Study Report for Investment Construction is regulated as follows:

a) National key projects, group A projects using public investment funds; PPP projects as prescribed by laws on investment under the public-private partnership model; projects within the approval authority of the National Assembly and the Prime Minister as prescribed by the Investment Law must prepare a Feasibility Study Report for Investment Construction;

b) For projects not covered by point a of this clause, the preparation of a Feasibility Study Report for Investment Construction shall be decided by the investor;

The procedures for preparing and reviewing the Feasibility Study Report for Investment Construction shall be carried out in accordance with laws on public investment, laws on investment under the public-private partnership model, and other relevant laws;

The contents of the Feasibility Study Report for Investment Construction shall be implemented according to Article 53 of this Law, except for PPP projects;

3. Investment construction projects only need to prepare an Economic and Technical Report for Investment Construction in the following cases:

a) Construction works used for religious purposes;

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

4. Individual houses built by households and individuals do not have to prepare a Feasibility Study Report for Investment Construction or an Economic and Technical Report for Investment Construction.";

11. Supplement Clause 7 after

as follows:

"7. Preliminary environmental impact assessment in accordance with laws on environmental protection and other contents as prescribed by relevant laws.";

12. Supplement Point d1 after

as follows:

"d1) For housing investment projects and urban development investment projects, in addition to the contents prescribed in Points a, b, c, and d of this Clause, there must be information about types of housing, implementation of social housing requirements (if applicable). For urban development investment projects, there must be a description of the plan for synchronous construction of technical infrastructure and social infrastructure within the project and its connection with technical infrastructure and social infrastructure outside the project area, and the handover plan. The Government shall provide detailed regulations on this point;"

13. Amend and supplement

as follows:

"Article 56. Review of Feasibility Study Reports for Investment Construction and Economic and Technical Reports for Investment Construction

1. For national key projects using public investment funds, the review shall be conducted in accordance with laws on public investment.

2. For PPP projects, the review shall be conducted in accordance with laws on investment under the public-private partnership model. The review by specialized agencies on construction shall be carried out in accordance with Article 58 of this Law.

3. For investment construction projects not covered by Clauses 1 and 2 of this Article, the review shall be conducted as follows:

a) The investor is responsible for organizing the review of Feasibility Study Reports for Investment Construction and Economic and Technical Reports for Investment Construction, entrusting subordinate specialized agencies or organizations and individuals with appropriate expertise in relation to the nature and content of the project when there is no subordinate specialized agency (hereinafter referred to as the leading review agency) to conduct reviews of the contents prescribed in Article 57 of this Law;

b) For projects prescribed in Clause 1 of Article 58 of this Law, they must also be reviewed by specialized agencies on construction in accordance with the provisions of Clauses 2 and 3 of Article 58 of this Law, except for projects that only need to prepare an Economic and Technical Report for Investment Construction;

c) For projects requiring fire prevention and explosion control, environmental protection, national defense and security assurance, projects using restricted technology transfer or technologies with potential negative impacts on the environment, they must also be reviewed or approved by competent state agencies in accordance with relevant laws;

d) For projects required to comply with the provisions of Points b and c of this Clause, the investor may submit the dossier simultaneously to the specialized agency on construction and the competent state agency. The results of compliance with fire prevention and explosion control and environmental protection requirements as prescribed in Point c of this Clause shall be sent to the specialized agency on construction as the basis for concluding the review;

For the procedure of seeking opinions on fire prevention and extinguishing solutions in the basic design dossier in accordance with laws on fire prevention and extinguishing, the investor may send the dossier to the specialized agency on construction through a single-window interconnection mechanism. The specialized agency on construction shall be responsible for sending the dossier to the competent state agency to seek opinions as the basis for concluding the review;

đ) The leading review agency and the specialized agency on construction may invite organizations and individuals with relevant expertise and experience to participate in the review or require the investor to select organizations and individuals with the necessary qualifications to audit the necessary contents as the basis for the review. The selection of organizations and individuals for auditing to serve the review by the specialized agency on construction shall be carried out in accordance with the regulations of the Government. Fees for project review, construction design, and auditing costs shall be included in the total investment cost of the project;

e) The leading review agency shall be responsible for compiling the results of the implementation of the provisions of Points a, b, c, d, and đ of this Clause, submitting them to the investor decision-maker for project approval and investment construction decision;

4. The dossier for review prescribed in Clause 3 of this Article includes:

a) The investor's application;

b) Feasibility Study Report for Investment Construction or Economic and Technical Report for Investment Construction;

c) Relevant documents and texts;

5. The Minister of National Defense and the Minister of Public Security shall prescribe the authority and procedures for reviewing Feasibility Study Reports for Investment Construction and Economic and Technical Reports for Investment Construction in accordance with special management requirements for investment construction projects serving national defense and security.";

14. Amend and supplement

as follows:

“

Article 57. Review of the Feasibility Study Report for Investment Construction and the Economic-Technical Report for Investment Construction by the Investment Decision Maker

1. For investment construction projects specified in points a and c Clause 1 Article 58 of this Law, the investment decision maker shall review the following contents:

a) The conformity with planning, objectives, scale of investment and other requirements determined in the investment decision or approval of the investment construction proposal;

b) The conformity of the basic design solution with the design task; list of applicable standards;

c) Project implementation organization solutions, project management experience and capacity of the investor, land clearance plan, project implementation form;

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

đ) The conformity of the technology plan (if any);

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

2. For projects using state capital outside public investment not falling within the scope prescribed in point c Clause 1 Article 58 of this Law, the investment decision maker shall review the contents prescribed in Clause 1 of this Article and Clause 2 Article 58 of this Law.

3. For public investment projects, projects using state capital outside public investment only need to prepare the Economic-Technical Report, the investment decision maker shall review the following contents:

a) The conformity with planning, objectives, scale of investment and other requirements determined in the investment decision or approval of the investment construction proposal;

b) Compliance with the construction drawing design requirements to ensure safety of works and measures to ensure safety of adjacent works;

c) Preparation of the total investment ceiling, determination of the value of the total investment ceiling;

d) Project implementation organization solutions, land clearance plan, project implementation form;

đ) The conformity of the technology plan (if any);

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

4. For projects using other capital, the investment decision maker decides on the review content to ensure compliance with investment, business requirements and relevant laws.

5. In cases where investment construction projects use restricted transfer technologies or investment construction projects that may have adverse environmental impacts using technologies as prescribed by laws on technology transfer, they must be reviewed or commented on by the competent authority managing the industry or sector according to the Government's regulations. The content and time of review or comments on technology shall be carried out in accordance with the laws on technology transfer. The results of the review or opinions of the competent authority managing the industry or sector shall be sent to the main reviewing agency of the investment decision maker for consolidation.”

15. Amended and supplemented

as follows:

“

Article 58. Review of the Feasibility Study Report for Investment Construction by the Construction Specialized Agency

1. The construction specialized agency shall review the Feasibility Study Report for Investment Construction for the following projects:

a) Public investment projects;

b) PPP projects;

c) Investment construction projects with a scale from Group B upwards or having works significantly affecting community safety and interests using state capital outside public investment;

d) Investment construction projects with a large scale or having works significantly affecting community safety and interests using other capital.

2. For investment construction projects specified in points a, b and c Clause 1 of this Article, the construction specialized agency shall review the following contents:

a) Compliance with laws on project investment construction preparation, basic design; conditions for construction activity capacity of organizations and individuals practicing construction;

b) Conformity of the basic design with construction planning, technical and specialized planning as prescribed by laws on planning or route scheme and location of works approved by competent state authorities;

c) Conformity of the project with the investment policy decided or approved by competent state authorities, with implementation programs, other project requirements as prescribed by relevant laws (if any);

d) Connectivity of regional technical infrastructure; ability to meet technical infrastructure requirements and responsibility allocation for management of works according to relevant laws for urban development investment construction projects;

đ) Conformity of the basic design solution for ensuring construction safety; implementation of fire prevention, explosion prevention and environmental protection requirements;

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

g) Compliance with laws on determining the total investment ceiling.

3. For investment construction projects specified in point d Clause 1 of this Article, the construction specialized agency shall review the contents prescribed in points a, b, c, d, đ and e Clause 2 of this Article.

4. The Government shall provide detailed regulations on large-scale investment construction projects and works significantly affecting community safety and interests.”

16. Amend and supplement

as follows:

Article 59. Time for Reviewing the Feasibility Study Report for Investment Construction

1. The time for reviewing the Feasibility Study Report for Investment Construction is calculated from the date when the reviewing agency or organization receives complete valid files.

2. The time for reviewing the Feasibility Study Report for Investment Construction of public investment projects is regulated as follows:

a) For national key projects, the review time shall be implemented according to laws on public investment;

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

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

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

3. For projects not covered by the provisions of Clause 2 of this Article, the time for reviewing the feasibility study report shall be determined by the investment decision maker. In cases where a specialized agency on construction must conduct a review, the time for such review shall be carried out in accordance with the provisions of Clause 2 of this Article; however, for national key projects that do not use public investment capital, the review period by the specialized agency on construction shall not exceed eighty days.

17. Amend and supplement

as follows:

"Article 60. Investment Decision Authority

1. For projects using public investment capital, the authority to decide on investment construction shall be implemented in accordance with the laws on public investment.

2. For construction investment projects of enterprises using state-owned capital, the authority to decide on investment construction shall be implemented in accordance with the laws on management and use of state-owned capital for production and business at enterprises and other relevant laws.

3. For PPP projects, the authority to decide on investment construction shall be implemented in accordance with the laws on investment under the public-private partnership model.

4. For projects using state-owned capital outside public investment, except for projects specified in Clause 2 of this Article and for projects using other capital, the owner or the representative of the owner decides on investment construction or implements according to relevant laws."

18. Supplement point d after

as follows:

"d) When adjusting the investment orientation leading to the need to adjust the project."

19. Amend and supplement

as follows:

“

Article 62. Forms of Project Management Organization for Construction Investment Projects

1. Based on the scale, nature, source of funds, and implementation conditions of construction investment projects, the investment decision maker decides to apply one of the following forms of project management organization:

a) Specialized project management board for construction investment, regional project management board for construction investment;

b) Project management board for a single project;

c) The investor uses its own professional department;

d) Consulting organization for project management.

2. Specialized project management boards and regional project management boards for construction investment may be applied to projects using public investment capital when the investment decision maker assigns them to manage and implement simultaneously or continuously projects within the same specialty or in the same area.

3. Project management boards and consulting organizations for project management must have sufficient capacity conditions as stipulated in Article 152 of this Law.

4. The Government shall provide detailed regulations on this matter."

20. Amend and supplement

as follows:

"1. The investor establishes a project management board for a single project to directly manage the project."

21. Amend and supplement

as follows:

"Article 71. Rights and Responsibilities of Agencies and Organizations Reviewing and Examining Feasibility Study Reports and Economic-Technical Reports for Construction Investment

1. The main reviewing agency has the following rights:

a) Request the investor, organizations, and individuals preparing and examining feasibility study reports and economic-technical reports for construction investment to provide, explain, and clarify information serving the review;

b) Request the investor to hire a consulting organization to conduct an examination or invite organizations and individuals with sufficient capacity and experience to participate in the review when necessary;

c) Preserve the review results, refuse to carry out requests that distort the review results or requests exceeding the capacity and scope of the review work as prescribed.

2. The main reviewing agency has the following responsibilities:

a) Review feasibility study reports and economic-technical reports for construction investment in accordance with this Law and compile opinions and review results from related agencies and organizations to submit to the investment decision maker for approval of the project and investment construction decision;

b) Bear responsibility before the law and the investment decision maker for the results of their work.

3. The specialized agency on construction has the following rights:

a) Request the investor, organizations, and individuals preparing and examining feasibility study reports and basic design to provide, explain, and clarify information serving the review;

b) Request local planning and architecture management agencies where the project is located to provide information on related planning when necessary;

c) Request the investor to hire a consulting organization to conduct an examination or invite organizations and individuals with sufficient capacity and experience to participate in the review when necessary;

d) Preserve the review results, refuse to carry out requests that distort the review results.

4. The specialized agency on construction has the following responsibilities:

a) Review feasibility study reports for construction investment in accordance with this Law;

b) Notify opinions and review results in writing to the investor and related agencies;

c) Bear responsibility before the law for the results of their work.

5. Examination organizations have the following rights:

a) Request the investor, organizations, and individuals preparing feasibility study reports and economic-technical reports for construction investment, basic design to provide, explain, and clarify information serving the examination;

b) Preserve the examination results, refuse to carry out requests that distort the examination results or requests exceeding the capacity and scope of the examination work.

6. Examination organizations have the following responsibilities:

a) Examine feasibility study reports and economic-technical reports for construction investment according to the requirements of the investor and this Law;

b) Explain and clarify examination results to serve the review process;

c) Bear responsibility before the law and the investor for the results of their work."

22. Amend and supplement some points and clauses of

as follows:

a) Amend and supplement point a, Clause 1 as follows:

"a) Approving or authorizing the approval of projects and final settlement of construction investment capital. For projects using public investment capital and PPP projects, the classification and authorization of project approval shall be carried out in accordance with the laws on public investment and laws on investment under the public-private partnership model;"

b) Repeal point d Clause 2.

23. Amend and supplement

as follows:

"Article 78. General Provisions on Design for Construction

1. Design for construction includes:

a) Preliminary design in the pre-feasibility study report for construction investment;"

b) The basic design in the Feasibility Study Report for investment construction or the construction drawing design in the Economic and Technical Investment Construction Report;

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

2. Construction design shall be carried out in one step or multiple steps as follows:

a) One-step design is the construction drawing design;

b) Two-step design includes the basic design and the construction drawing design;

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

d) Multiple-step design according to international practices.

3. The investment decision maker decides the number of construction design steps when approving the project and the investment construction decision.

4. The construction design dossier implemented after the basic design includes the design description, design drawings, relevant construction survey documents, construction budget estimate, and technical guidelines (if any) as required by the investor.

5. The construction drawing design is prepared by the consulting design organization or the construction contractor for the entire project or individual project components or construction phases as required by the investor.

6. The Government shall provide detailed regulations on the steps of construction design, review, approval, and adjustment of construction design.

24. Amending and supplementing

as follows:

“

Article 82. Review and Approval of Construction Design Implemented After Basic Design

1. The investor is responsible for organizing the review of the construction design steps implemented after the basic design as stipulated in Clause 2 of this Article as the basis for approval, except where the investment decision maker has provided different provisions in the investment construction decision. For the remaining design steps, the investor decides on design control in accordance with the contract between the investor and the contractor and relevant laws.

2. The investor reviews the contents specified in Article 83 of this Law for the following design steps:

a) FEED design in cases where the Engineering-Procurement-Construction (EPC) contract form is implemented;

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

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

d) Other design steps immediately following the basic design in cases of multiple-step design according to international practices.

3. Construction projects specified in Clause 1 of Article 83a of this Law must also be reviewed by specialized agencies on construction regarding the construction design contents as stipulated in Clause 2 of Article 83a of this Law. The reviewing agency may invite organizations and individuals with sufficient qualifications and experience to participate in the review of construction design.

4. Construction projects requiring fire prevention, explosion protection, environmental protection, and national defense and security guarantees must be subject to comments or reviews by competent state authorities in accordance with relevant laws.

5. For construction projects specified in Clauses 3 and 4 of this Article, the investor may submit the dossier simultaneously to the specialized agency on construction and the competent state authority. The results of implementing the requirements for fire prevention, explosion protection, and environmental protection as stipulated in Clause 4 of this Article shall be sent to the specialized agency on construction as the basis for concluding the review.

6. Construction projects significantly affecting public safety and interests must be reviewed by organizations and individuals with sufficient qualifications for construction activities regarding the safety content of the construction design and compliance with technical standards and regulations as the basis for the review.

7. The investor is responsible for compiling the documents of the specialized agency on construction and related agencies; implementing any requirements (if any); approving the construction design in accordance with Clause 8 of this Article.

8. The investor approves the construction design steps implemented after the basic design as stipulated in Clause 2 of this Article. The investor may decide on the approval of the remaining design steps.

9. The Minister of National Defense and the Minister of Public Security shall provide regulations on the authority, procedures for reviewing and approving construction design suitable for special management requirements of the sector for construction projects serving national defense and security.

25. Amending and supplementing

as follows:

"Article 83a. Review of Construction Design Implemented After Basic Design by Investors

1. For construction projects using public investment capital, construction projects using state capital outside public investment, the investor shall review the following contents:

a) Compliance of the construction design with the design tasks, as stipulated in the design contract and relevant laws;

b) Suitability of the construction design with the production line and technological equipment requirements (if any);

c) Preparation of the construction project budget estimate; suitability of the construction project budget estimate value with the total investment amount; determination of the construction project budget estimate value.

2. For construction projects under PPP projects, the review of construction design shall be carried out in accordance with the provisions of Clause 1 of this Article and the contents stipulated in the PPP project contract.

3. For construction projects specified in Clause 6 of Article 82 of this Law and not falling within the scope of the provisions of Clause 1 of Article 83a of this Law, the investor shall organize the review and approval of construction design based on the provisions of Clause 1 of this Article and Clause 2 of Article 83a of this Law.

4. For construction projects not covered by the provisions of Clauses 1, 2, and 3 of this Article, the investor shall decide on the review contents ensuring compliance with the design task requirements, design contract, and relevant laws.

26. Supplementing Article 83a after

as follows:

“

Article 83a. Review of Construction Design Implementation Following Basic Design by Construction Expert Agencies

1. Construction expert agencies shall review the construction design stages specified in Clause 2, Article 82 of this Law for the following construction works:

a) Construction works using public investment capital;

b) Construction works using state capital outside public investment within projects with scale group B or higher or construction works significantly affecting safety and community interests;

c) Construction works under PPP projects;

d) Construction works significantly affecting safety and community interests using other capital constructed in areas without urban planning, functional area planning, or detailed rural settlement planning.

2. For construction works specified in points a and b of Clause 1 of this Article and construction works under PPP component projects using public investment capital, the contents to be reviewed by construction expert agencies include:

a) Compliance with legal provisions on the preparation and review of construction designs; conditions for the capacity of organizations and individuals participating in surveying, designing, and reviewing construction designs;

b) The suitability of the construction design with the basic design that has been reviewed by construction expert agencies;

c) Checking the results of the review by consulting organizations regarding the fulfillment of construction safety requirements, compliance with technical standards and legal provisions on the application of standards in design as required by Clause 6, Article 82 of this Law;

d) Compliance with legal provisions on the determination of construction budgets;

đ) Checking the implementation of requirements for fire prevention, explosion protection, and environmental protection;

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

3. For construction works specified in point d of Clause 1 of this Article and construction works under PPP projects not falling within the scope prescribed in Clause 2 of this Article, construction expert agencies shall review the contents specified in points a, b, c, đ, and e of Clause 2 of this Article.”

27. Amend and supplement

as follows:

Article 85. Rights and Obligations of Project Investors in Construction Design

1. Project investors have the following rights:

a) To carry out design and design review themselves when having sufficient conditions for construction activity capacity and appropriate professional qualifications for the type and level of construction works;

b) To select contractors for design and design review when not carrying out design and design review themselves;

c) To negotiate and sign contracts for design and design review; supervise and require contractors to fulfill signed contracts properly; suspend or terminate contracts according to the contract terms and relevant laws;

d) Other rights as stipulated in the contract and relevant laws.

2. Project investors have the following obligations:

a) To select contractors for design and design review with sufficient construction activity capacity and appropriate professional qualifications for the type and level of construction works;

b) To determine design tasks;

c) To provide full information and documents to design and design review contractors;

d) To fulfill signed contracts properly; compensate for losses caused by breach of design contracts;

đ) To review and approve construction designs according to the provisions of this Law;

e) To bear legal responsibility and accountability to the investment decision-makers for the results of their work;

g) To store construction design records;

h) Other obligations as stipulated in the contract and relevant laws.”

28. Amended and supplemented

as follows:

Article 87. Rights and Responsibilities of Construction Expert Agencies in Construction Design Review Work

1. Construction expert agencies have the following rights:

a) To request project investors, organizations, and individuals preparing and reviewing construction designs to provide, explain, and clarify information when necessary as a basis for review work as prescribed;

b) To request project investors to select consulting organizations to conduct reviews; invite organizations and individuals with sufficient capacity and experience to participate in reviews when necessary;

c) To retain review results, refuse to implement requests that distort review results or exceed the capacity and scope of review work.

2. Construction expert agencies have the following responsibilities:

a) To review construction designs according to the provisions of this Law;

b) To notify opinions and review results in writing to project investors and local state management agencies on construction to monitor and manage construction implementation;

c) To bear legal responsibility for the results of their work.”

29. Supplement Article 87a after

as follows:

Article 87a. Rights and Obligations of Construction Design Review Organizations

1. Review organizations have the following rights:

a) To request project investors, organizations, and individuals preparing construction designs to provide, explain, and clarify information as a basis for review work;

b) Preserve the examination results, refuse to carry out requests that distort the examination results or requests exceeding the capacity and scope of the examination work.

2. Review organizations have the following obligations:

a) To review construction designs within the scope requested by project investors;

b) To explain and clarify review results as a basis for project investor and construction expert agency review work;

c) Bear responsibility before the law and the investor for the results of their work."

30. Amended and supplemented

as follows:

Article 89. General Provisions on Issuing Construction Permits

1. Construction works must have construction permits issued by competent state agencies to project investors according to the provisions of this Law, except for cases prescribed in Clause 2 of this Article.

2. Cases exempted from construction permits include:

a) State secret works; emergency construction works;

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

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

d) Construction works for internal repair and renovation of buildings or external repair and renovation works not adjacent to roads in urban areas that require architectural management according to the regulations of competent state agencies; the content of repair and renovation does not change the function of use, does not affect the structural safety of the building, is consistent with the approved urban planning by competent state agencies, and meets fire prevention and explosion safety requirements and environmental protection requirements;

đ) Advertising construction works that are not required to obtain a construction permit under advertising laws; passive telecommunications infrastructure construction works as prescribed by the Government;

e) Construction works located on the territory of two or more provincial administrative units, construction works along non-urban routes that comply with urban planning or technical and specialized planning approved by competent state agencies;

g) Construction works that have been notified by the competent construction authority regarding the results of design review after basic design, meeting the conditions for approval of construction design and satisfying the conditions for issuing construction permits under this Law;

h) Individual houses with less than seven floors within urban development projects or housing investment projects with detailed planning at a scale of 1/500 approved by competent state agencies;

i) Class IV construction works, individual houses in rural areas with less than seven floors in areas without urban planning or functional area planning, or detailed rural residential area planning approved by competent state agencies; Class IV construction works, individual houses in mountainous, island, and coastal areas in regions without urban planning or functional area planning, except for construction works and individual houses built within conservation zones or historical-cultural relics;

k) The project investor constructing works specified in points b, e, g, h, and i of this clause, except for individual houses specified in point i of this clause, shall be responsible for submitting notices of commencement of construction and construction design documents as prescribed to the local state management agency for construction for management purposes;

3. Construction permits include:

a) New construction permits;

b) Repair and renovation permits;

c) Relocation permits for construction works;

d) Time-limited construction permits;

4. Construction works may be issued construction permits in phases when the implementation designs after basic designs for each phase have been reviewed and approved according to the provisions of this Law;

5. For investment projects involving multiple construction works, construction permits can be issued for one, some, or all works within the project when these works require simultaneous construction, ensuring the conditions, deadlines for issuing construction permits, and the project's synchronization requirements.";

31. Amend and supplement

as follows:

“2. In accordance with the land use purpose as stipulated by the Land Law.”;

32. Amend and supplement

as follows:

“a) In accordance with the land use purpose as stipulated by the Land Law and architectural management regulations issued by competent state agencies;”

33. Amend and supplement

as follows:

“Article 94. Conditions for Issuing Time-Limited Construction Permits

1. General conditions for issuing time-limited construction permits include:

a) Located in areas with approved and published district-level construction plans, functional district-level construction plans, or detailed plans, detailed functional district-level construction plans but not yet implemented and without decisions on land recovery by competent state agencies;

b) Consistent with the construction scale defined by the Provincial People's Committee for each area and the existence period of the construction work according to the implementation plan of the district-level construction plans, functional district-level construction plans, or detailed plans, detailed functional district-level construction plans approved by competent state agencies;

c) Consistent with the land use purpose determined in the legal land documents of the applicant for a time-limited construction permit;

d) When the existence period of the construction work recorded in the time-limited construction permit expires and the competent state agency makes a decision to recover the land, the investor commits to demolishing the construction work themselves; if they fail to do so, it will be forcibly demolished and they will bear all costs associated with the demolition. If the urban planning has not been implemented beyond this period, the investor may continue using the construction work until the competent state agency makes a decision to recover the land. Demolition support will be carried out according to the provisions of the Land Law;

2. Construction works issued time-limited construction permits must meet the conditions stipulated in Clause 1 of this Article and Clauses 3, 4, and 5 of Article 91 of this Law;

3. Individual houses issued time-limited construction permits must meet the conditions stipulated in Clause 1 of this Article and Points b, c, and d of Clause 1 of Article 93 of this Law;

4. For construction works and individual houses issued time-limited construction permits, if the construction planning period is extended due to adjustments and the existence period of the construction work recorded in the time-limited construction permit has expired, the issuing agency is responsible for notifying the extension of the construction work's existence period. If the investor continues to need to construct new works or renovate, a time-limited construction permit will be issued according to the adjusted construction planning period;

5. For construction works and individual houses falling under Point a of Clause 1 of this Article and having annual land use plans at the county level, new construction will not be issued time-limited construction permits, only permits for repair and renovation will be issued.

In case three years have passed since the announcement of the annual land use plan at the district level, the competent state authority has not issued a decision to reclaim land or permit a change in land use purpose according to the announced annual land use plan of the district without adjustment, cancellation, or with adjustment, cancellation but without announcing the adjustment or cancellation of the annual land use plan of the district, then the land user shall be entitled to request a time-limited construction permit in accordance with the provisions of Clause 2 and Clause 3 of this Article.”

34. Amend and supplement some points and clauses of

as follows:

a) Amend and supplement Point đ Clause 2 as follows:

“d) A copy or code number of the practice certificate of the organization for design and review of construction design, the practice certificate of the head or main designer and reviewer of the construction project issued in accordance with the regulations.”

b) Amend and supplement point b of Clause 4 as follows:

“b) A document expressing the necessity for construction and scale of the project from the specialized agency on beliefs and religions under the provincial People's Committee.”

c) Amending and supplementing Clause 6 as follows:

“6. The application dossier for a construction permit for advertising structures shall be carried out in accordance with the regulations of the law on advertising.”

35. Amend and supplement

as follows:

“4. For historical-cultural relics and scenic spots that have been classified, there must be a document approving the necessity for construction and scale of the project from the competent state management agency on culture.”

36. Amend and supplement some points and clauses of

as follows:

a) Amend and supplement point d clause 1 as follows:

“d) The competent authority issuing the construction permit shall be responsible for comparing the conditions stipulated in this Law and sending documents to seek opinions from state management agencies on related fields concerning the construction project in accordance with the law;”

b) Amend and supplement Point e of Clause 1 as follows:

“e) From the date of receiving a complete valid dossier, the competent authority issuing the construction permit must examine the dossier and issue the permit within twenty days for the issuance of a construction permit for projects, including time-limited construction permits, adjusted construction permits, and relocated construction permits, and within fifteen days for individual houses. If the permit issuance deadline is reached but further examination is required, the construction permit issuing authority must notify the investor in writing of the reasons, while reporting to the directly managing authority for consideration and instructions, but not exceeding ten days from the end date specified in this clause. The issuance of construction permits for advertising structures shall be carried out in accordance with the regulations of the law on advertising.”

c) Amending and supplementing Clause 5 as follows:

“5. The Government shall provide detailed regulations on the issuance of construction permits.”

37. Repeal

dated January 25,

as follows:

“2. The Provincial People's Committee shall issue construction permits for projects within its territory that require construction permits, except those specified in Clause 3 of this Article. The Provincial People's Committee may delegate or authorize the Department of Construction, Industrial Park Management Board, Export Processing Zone Management Board, High-Tech Park Management Board, Economic Zone Management Board, and District People's Committees to issue construction permits within their functions and management scope.

3. The District People's Committee shall issue construction permits for Class III and Class IV projects and individual houses within its jurisdiction.”

38. Amend and supplement

as follows:

“c) Notify the commencement date of construction in accordance with point e, Clause 1 of this Law;”

39. Amend and supplement

as follows:

“1. Commencement of construction of a project must meet the following conditions:

a) Having a construction site available for handover in full or in part according to the construction schedule;

b) Having a construction permit for projects requiring such permits as stipulated in Article 89 of this Law;

c) Having approved construction drawings for the project components to be commenced;

d) The investor having signed contracts with contractors for construction activities related to the project to be commenced in accordance with the law;

đ) Having measures to ensure safety and environmental protection during construction;

e) The investor having notified the local state management agency on construction about the commencement date of construction at least three working days before the commencement date.”

40. Amend and supplement

as follows:

“

Article 110. Construction Materials

1. The development, production, and use of construction materials must ensure safety, effectiveness, environmental friendliness, and rational use of resources.

2. Materials and components used for construction projects must comply with the approved design specifications and technical instructions (if any), ensuring quality in accordance with legal provisions on standards and technical regulations, as well as laws on product and commodity quality.

3. Construction materials used to produce, manufacture, and process semi-finished products must conform to the provisions of Clause 1 and Clause 2 of this Article.

4. Priority should be given to using local construction materials; construction materials and products manufactured domestically; and products with a high degree of localization.

5. The Government shall specify detailed regulations for this Article.

41. Amend and supplement

as follows:

“b) Negotiate and sign construction contracts; supervise and require contractors to strictly adhere to signed contracts; examine and approve construction methods and safety measures proposed by contractors;”

42. Amend and supplement

as follows:

“b) Prepare and submit to the project owner for approval construction methods, including specific safety measures and environmental protection measures;”

43. Amend and supplement

as follows:

“

Article 115. Safety in Construction Work

1. Contractors undertaking construction work have the responsibility to ensure safety for people, construction projects, assets, equipment, and means of transportation during the construction process, prevent fires and explosions, and protect the environment.

2. Project owners must organize supervision of contractors' compliance with safety regulations; suspend or halt construction when signs of violations of safety regulations are detected, or when incidents occur that endanger the safety of the construction project; cooperate with contractors to handle and rectify accidents or occupational injuries; promptly report to competent state authorities when construction incidents or occupational accidents resulting in fatalities occur.

3. Contractors undertaking construction work have the responsibility to identify hazardous areas during construction; organize the preparation and submission to the project owner for approval of safety measures for people, construction projects, assets, equipment, and means of transportation within hazardous areas during construction; periodically review safety measures to adjust them appropriately to the actual construction conditions on-site.

4. In cases where hazardous areas during construction significantly impact community safety, project owners are responsible for reporting to specialized agencies about approved safety measures for inspection during the construction process.

5. Machinery, equipment, and materials serving construction work that have strict safety requirements must be inspected before being put into use.

6. The Government shall specify details of this Article.”

44. Amend and supplement

as follows:

“

Article 118. Demolition of Construction Projects

1. Demolition of construction projects shall be carried out in the following circumstances:

a) To clear land for new construction projects or temporary construction projects;

b) Projects posing a risk of collapse affecting the community and neighboring structures; emergency demolition required to timely prevent, combat, and mitigate the consequences of natural disasters, catastrophes, epidemics, urgent tasks to ensure national defense, security, and foreign relations as decided by competent state authorities;

c) Projects located in areas prohibited from construction as stipulated in Clause 3, Article 12 of this Law;

d) Projects constructed contrary to urban planning regulations, or without a construction permit as required by law, or constructed contrary to the contents specified in the construction permit;

đ) Projects occupying public land or land legally owned by organizations or individuals; projects constructed contrary to approved design specifications for those exempted from construction permits;

e) Individual houses requiring demolition for reconstruction.

2. Demolition of construction projects must ensure safety, protect the environment, and follow the procedures as follows:

a) Develop plans and solutions for demolishing construction projects. For projects requiring a demolition decision or forced demolition decision, such decisions must be obtained;

b) Review and approve designs and plans for demolishing construction projects that significantly affect safety and community interests;

c) Organize the demolition of construction projects;

d) Supervise and inspect the demolition of construction projects.

3. Responsibilities of parties involved in the demolition of construction projects are as follows:

a) Project owners, property owners, managers, users of the project, or persons assigned to lead the demolition have the responsibility to implement according to the procedures stipulated in Clause 2 of this Article; they must either carry out the demolition themselves if they have the necessary capacity or hire qualified consulting organizations to prepare and review designs and plans for demolition and carry out the demolition work; they are liable under the law and must compensate for damages caused by their own fault;

b) Contractors responsible for carrying out the demolition must develop construction methods for demolition consistent with approved plans and solutions; carry out demolition according to the approved construction methods and demolition decisions (if any); monitor and measure the project; ensure safety for people, assets, the project, and adjacent structures; they are liable under the law and must compensate for damages caused by their own fault;

c) Authorities responsible for issuing demolition decisions are liable under the law for the consequences of not issuing decisions, issuing untimely decisions, or issuing decisions contrary to the law;

d) Organizations or individuals owning or using projects that must be demolished must comply with the demolition decisions of competent state authorities; failure to comply will result in forced demolition at their expense.

4. The Government shall provide detailed regulations on the demolition of construction works and the demolition of construction works in emergency situations.”

45. Amend and supplement

as follows:

“4. Construction works belonging to national key projects, large-scale construction works with complex technology; construction works significantly affecting safety and public interests; construction works using public investment capital must be inspected during the construction process and upon completion. The responsibility for organizing the inspection of the acceptance work is prescribed as follows:

a) The Council established by the Prime Minister shall organize the inspection of the acceptance work for construction works belonging to national key projects, large-scale construction works with complex technology;

b) The specialized agency on construction shall organize the inspection of the acceptance work carried out by the project owner for construction works not falling under the cases prescribed in point a of this clause.

5) The Government shall provide detailed regulations on the management of construction quality, acceptance, and resolution of construction defects for large-scale construction works with complex technology.”

46. Supplement some points and clauses of

as follows:

a) Supplement point c following point b of Clause 1 as follows:

“c) For urban development investment projects, the entire or part of the construction works within the project may be handed over for use before handover, but before handover, the investment must be completed to ensure the synchronization of technical infrastructure and social infrastructure according to the approved investment phases, design, and construction plans, ensuring connectivity with the common technical infrastructure of the area, consistent with the project content and approved planning.”

b) Supplement clause 5 after clause 4 as follows:

“5. For urban development investment projects, in addition to the provisions of Clauses 1, 2, 3, and 4 of this Article, the project owner shall be responsible for handing over technical infrastructure, social infrastructure, and other construction works as prescribed by the Government.”

47. Amend and supplement some clauses of

as follows:

a) Amend and supplement Clause 1 as follows:

“1. Requirements for the maintenance of construction works are prescribed as follows:

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

b) The maintenance procedures must be organized and approved by the project owner before putting construction works and construction work components into use; they must be suitable for the purpose of use, type, and grade of construction works and components, and equipment installed in the construction works;

c) Maintenance must ensure safety for people, property, and construction works.”

b) Amend and supplement Clause 4 and supplement Clause 5 following Clause 4 as follows:

“4. Large-scale construction works with complex technology, construction works significantly affecting safety and public interests must be organized to conduct periodic safety assessments of construction works during operation and use.

5. The Government shall provide detailed regulations on the maintenance, periodic safety assessment of construction works during use, and the responsibility for announcing the expiration of the service life of construction works.”

48. Amend and supplement

as follows:

“Article 130. Emergency construction works

1. Emergency construction works include:

a) New construction works or repairs and renovations carried out promptly to prevent, combat, and mitigate the consequences of natural disasters, catastrophes, epidemics, urgent tasks to ensure national defense, security, and diplomacy as decided by competent authorities;

b) New construction works or repairs and renovations that must be implemented quickly to meet the urgent requirements for ensuring energy security, water resources, environmental emergencies, and developing technical infrastructure systems as decided by the Prime Minister.

2. Heads of Ministries, central agencies, Chairpersons of People's Committees at all levels with authority decide on the construction of works specified in point a of Clause 1 of this Article within their jurisdiction. Those entrusted with managing and implementing construction works have the full authority to make decisions in investment and construction activities to organize the implementation of construction works to ensure progress and quality, and they bear responsibility for their decisions. For emergency construction works using public investment capital, the procedures and processes for making investment decisions shall be carried out in accordance with the laws on public investment.

3. The Prime Minister decides special mechanisms for each work specified in point b of Clause 1 of this Article including surveying, designing construction works; tendering methods, and other special mechanisms within his authority to accelerate the progress of implementation and investment construction. Those entrusted with managing and implementing construction works have the responsibility to organize the implementation of special mechanisms as decided by the Prime Minister and carry out related work during the investment and construction process in accordance with relevant laws.

4. After completing the construction of emergency construction works, those entrusted with constructing emergency construction works must perform the following tasks:

a) Inspect and re-evaluate the quality of the constructed works and implement warranty services;

b) Complete the final documentation of the completed works and store records and documents in accordance with the laws on construction;

c) Settle accounts for the works in accordance with the laws.

5. Those entrusted with managing and using construction works must prepare plans for managing and using construction works or demolishing works to return the land if the emergency construction works do not comply with the construction planning as stipulated by this Law.”

49. Amend and supplement

as follows:

"Article 131. Construction of temporary works

1. Temporary construction works are construction works built for a limited period to serve the following purposes:

a) Construction of main works;

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

2. For construction works specified in point b of Clause 1 of this Article, approval from the People's Committee of the province or the People's Committee of the district regarding the location, scale of construction, and duration of existence of the temporary works must be obtained.

3. The project investor and the construction contractor shall organize the review and approval of design, budget estimates, and implementation of temporary construction works. In cases where the construction work significantly affects safety and public interests, the design must be reviewed for safety conditions and submitted to the specialized agency on construction at the local level for monitoring and inspection in accordance with regulations.

4. Temporary construction works must be demolished when the main works of the investment construction project are put into operation or when the duration of existence of the temporary works has expired. If the temporary construction works specified in point a of Clause 1 of this Article comply with the planning requirements and ensure the necessary safety requirements, the project investor may request approval from the People's Committee of the province or the People's Committee of the district to continue using them."

50. Amend and supplement

as follows:

"2. The State manages investment construction costs through the issuance, guidance, and supervision of the implementation of legal provisions; stipulates the application of necessary tools in the management of investment construction costs."

51. Amend and supplement

add Clause 5 and Clause 6 after

as follows:

"3. The application or reference to the system of construction norms prescribed in Clause 1 of this Article shall be regulated as follows:

a) For projects using state capital, the project investor bases their management of investment construction costs on the regulations on cost management and applies the system of construction norms issued to determine and manage investment construction costs;

b) For projects using state capital outside of public investment, PPP projects, the project investor bases their management of investment construction costs on the regulations on cost management and refers to the system of construction norms issued to determine and manage investment construction costs;

c) For projects using other capital, the project investor refers to the system of construction norms issued to determine and manage investment construction costs.

4. The construction price index reflects the degree of fluctuation in construction prices over time and serves as a basis for determining, adjusting total investment amounts, construction budgets, construction contract prices, and managing investment construction costs.

The Ministry of Construction publishes the national construction price index; the People's Committee of the province publishes the construction price and construction price index in the locality.

5. The Government stipulates the periodic review, update, and adjustment of the system of construction norms that have been issued.

6. The Minister of Construction stipulates the determination of new construction norms, adjustment of construction norms not in line with the special requirements of the works; stipulates the determination of the construction price index for works located in two or more provincial administrative units."

52. Amend and supplement

as follows:

"1. Payment and settlement of investment construction projects shall be carried out in accordance with the provisions of the law on investment capital management. Payment and settlement of projects using public investment capital shall be carried out in accordance with this Law and the provisions of the law on public investment. The project investor is responsible under the law for the accuracy and legality of unit prices, quantities, and values proposed for payment and settlement in the payment and settlement documents."

53. Amend and supplement some clauses of

as follows:

a) Amend and supplement Clause 3 and Clause 4 as follows:

“3. The professions and individuals engaged in construction activities must have a practice certificate in accordance with the provisions of this Law, including project management directors for investment construction projects; heads and leaders of planning design construction; heads of construction survey; heads and leaders of construction design and review; construction supervision consultants; leaders of cost estimation, review, and management for investment construction projects. Practice certificates are classified into Class I, Class II, and Class III.

4. Organizations participating in construction activities must have a capacity certificate in accordance with the provisions of this Law, including project management consulting for investment construction projects; construction survey; planning design construction; construction design and review; construction works; construction supervision consulting for construction works. Capacity certificates of organizations are classified into Class I, Class II, and Class III. The Construction Specialized Agency under the Ministry of Construction shall issue Class I capacity certificates; Provincial Construction Departments and social-professional organizations meeting the conditions prescribed by the Government shall issue the remaining classes of capacity certificates.”

b) Amend and supplement Clause 5 as follows:

“5. The Government shall provide detailed regulations on the capacity conditions of organizations and individuals participating in construction activities; regulations on examination programs, contents, and forms for issuing practice certificates; regulations on issuance, reissuance, conversion, and revocation of practice certificates; regulations on conditions, authorities, procedures, and formalities for issuing and revoking construction operation permits for foreign organizations and individuals.”

54. Amend and supplement some Points and Clauses of

as follows:

a) Amending and supplementing Point b Clause 1 as follows:

“b) Individuals assuming the position of project management director for investment construction projects, and those responsible for specialized fields in project management work must have appropriate expertise, training, work experience, and a practice certificate suitable to the scale and type of project.”

b) Amending and supplementing Point d Clause 2 as follows:

“d) Individuals assuming the position of project management director for investment construction projects, and those responsible for specialized fields in project management work must have appropriate expertise, training, work experience, and a practice certificate suitable to the scale and type of project.”

55. Amend and supplement

as follows:

“2. Individuals assuming the position of head or leader of construction design and review must have the ability to practice construction design and a practice certificate suitable to the requirements of the type and level of the project.”

56. Amend and supplement

as follows:

“2. The site commander must have appropriate expertise and the ability to practice construction works.”

57. Amend and supplement the opening paragraph of

as follows:

“Individuals practicing independently in planning design construction, construction survey, construction design, project management consulting for investment construction projects, construction supervision consulting, and cost estimation, review, and management for investment construction projects must meet the following conditions:”

58. Amend and supplement

as follows:

“Article 159. Management of Construction Activity Capacity

1. Information on the capacity of organizations and individuals who have been issued certificates must be publicly posted on the electronic information website managed by the authority issuing the certificate and integrated into the Ministry of Construction’s electronic portal.

2. The authority issuing the certificate has the responsibility to post information about the capacity of organizations and individuals on its managed electronic information website, and simultaneously send such information to the Construction Specialized Agency under the Ministry of Construction for integration onto the Ministry of Construction’s electronic portal. The time limit for posting capacity activity information is not more than five working days from the date of issuing the certificate. The time limit for integrating information on the Ministry of Construction’s electronic portal is not more than three working days from the date of receiving the information from the authority issuing the certificate.

3. The Ministry of Construction and Provincial Construction Departments have the responsibility to inspect and handle violations in compliance with the regulations on capacity conditions for project owners, organizations, and individuals participating in construction activities.”

59. Amend and supplement

as follows:

“6. Management of the issuance, reissuance, adjustment, conversion, revocation of licenses, certificates, certifications, and other results of administrative procedures in investment construction activities.”

60. Amend and supplement

as follows:

"Article 161. Responsibilities of the Government

1. To unify state management over construction investment activities nationwide; to delegate and decentralize state management responsibilities to ministries, sectors, localities, and specialized construction management agencies; to direct ministries, sectors, and localities to implement laws on construction; to direct the resolution of important, complex, and difficult issues during the process of managing construction investment activities.

2. To promulgate or submit to competent authorities for promulgation normative legal documents on construction; to promulgate, direct the development and implementation of policies, strategies, and plans to ensure effective construction investment, increase labor productivity, conserve energy and resources, and promote sustainable development; to stipulate the implementation of construction investment projects funded by domestic organizations, individuals in foreign countries, and the establishment and management of national information systems and databases on construction activities."

61. Amend and supplement some clauses of

as follows:

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

"2. To promulgate and organize the implementation of normative legal documents within its authority on construction; to promulgate national technical standards on construction and technical guidance documents on construction within its authority and criteria for construction works that use energy and resources efficiently, ecological cities, and smart cities.

3. To organize and manage construction planning, project management activities, project evaluation, and design construction; to stipulate the determination and management of construction investment costs, construction contracts, norms, and construction prices."

b) Amend and supplement Clause 5 as follows:

"5. To manage the issuance, reissuance, adjustment, conversion, recovery of permits, certificates, certifications, and other administrative procedure results in construction investment activities within its authority."

c) Amend and supplement Clause 9 as follows:

"9. To guide and inspect the implementation of safety and labor hygiene management, environmental protection during construction; to implement safety and labor hygiene management, environmental protection during construction under specialized management."

d) Amend and supplement Clause 11 as follows:

"11. To establish and manage the national information system and database on construction activities; to manage and provide information serving construction investment activities."

62. Amend and supplement some points and clauses of

as follows:

a) Amend and supplement Clause 1 as follows:

"1. The specialized construction management agency, within its scope of authority, shall have the following responsibilities:

a) To coordinate with the Ministry of Construction in implementing state management over construction investment activities; to be responsible for construction quality management and safety, labor hygiene, and environmental management during construction of works under specialized management according to this Law;

b) To study and promulgate, guide, and inspect the implementation of technical standards, technical norms, economic-technical norms for special construction tasks of the sector according to the guidelines of the Ministry of Construction and regulations of the Minister of Construction; to organize training and professional capacity enhancement for construction investment staff of subordinate agencies and units;

c) To monitor, inspect, and compile the situation of supervising and evaluating construction investment activities of specialized works under its management according to legal provisions;

d) To coordinate and support other relevant ministries, agencies, organizations, and People's Committees at all levels in implementing specialized construction investment projects within their management scope."

"a) Deposits of microfinance organizations at credit institutions, branches of foreign banks, except deposits at credit institutions under special control according to Clause 9, Article 174 of the Law on Credit Institutions;"

"a) To perform state management functions according to assigned tasks and powers; to promulgate documents within its authority; to direct the organization and implementation of construction planning and investment planning within its assigned management scope;"

c) Amend and supplement point c clause 2 as follows:

"c) To compile the situation, conduct inspections, and evaluate construction investment activities; to be responsible for construction quality management and safety, labor hygiene, and environmental management during construction of works under its assigned management scope;"

63. Amend and supplement some points of

as follows:

a) Amend and supplement point a, Clause 1 as follows:

"a) To implement state management over construction investment activities according to the central government's delegation; to manage construction order on the territory according to planning, design, and construction permits as prescribed by the central government; to promulgate documents within its authority; to direct the organization and implementation of construction planning and investment planning; to delegate and authorize district People's Committees, industrial park management boards, export processing zone management boards, high-tech park management boards, and economic zone management boards to organize the preparation, review, and approval of tasks, detailed construction planning schemes, and detailed construction planning of functional areas;"

b) Amend and supplement point c clause 1 as follows:

"c) To study and promulgate, guide, and inspect the implementation of technical standards, technical norms, economic-technical norms for special construction tasks of the locality according to the guidelines of the Ministry of Construction and the regulations of the Minister of Construction; to regularly report on the management of construction investment activities of the locality to the Ministry of Construction for compilation and monitoring;"

c) Amend and supplement point d clause 1 as follows:

"d) To direct specialized agencies to promptly inform about construction norms, construction prices, and construction price indices monthly, quarterly, or annually, ensuring timely updates with market construction price fluctuations."

64. Replace phrases in some articles as follows:

a) Replace the phrase "state budget capital" with the phrase "public investment capital" in clause 1 Article 67;

b) Replace the phrase "state capital" with the phrase "public investment capital" in point a clause 1 and clause 2 Article 8;

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

d) Replace the phrase "construction cost management consulting" with the phrase "construction cost management" in the title of Article 156.

65. Repeal

Article 2. Amend and supplement

Amending and supplementing Article 17 as follows:

"Article 17. Forms of housing development, investment projects for housing construction

1. Forms of housing development include:

a) Housing development according to an investment project for housing construction;

b) Housing development according to an investment project for urban area construction;

c) Housing development by households or individuals.

2. Investment projects for housing construction as prescribed in this Law include:

a) Projects for new construction or renovation of individual or clustered housing structures;

b) Projects for housing construction in rural areas with a synchronized infrastructure system;

c) Projects for mixed-use land development where part of the land area is allocated for housing construction;

d) Projects for construction of facilities with mixed purposes for living and business.

3. The construction of urban areas as prescribed in Point b Clause 1 of this Article must comply with regulations on housing under laws on housing and related laws."

Article 3. Implementation Provisions

1. This Law shall take effect from January 1, 2021, except as provided in Clause 2 of this Article.

2. The following provisions of this Law shall take effect from August 15, 2020:

a) The provision at Clause 13 Article 1 regarding the authority to review the economic and technical report on investment construction by the investor;

b) The provision at Clause 30 Article 1 regarding exemption from construction permit for construction works that have been notified by the competent construction authority about the results of design review after basic design and meet the conditions for approval of construction design;

c) The provision at Clause 37 Article 1 regarding the abolition of the Ministry of Construction's authority and delegation of the provincial People's Committee to issue construction permits for special-class construction works;

d) The provisions at Point d and Point đ Clause 3 of this Article.

3. Transitional Provisions:

a) Zoning plans for functional areas with planning tasks approved before the effective date of this Law shall continue to be implemented in accordance with the Construction Law No. 50/2014/QH13 which has been amended and supplemented by Laws No. 03/2016/QH14, No. 35/2018/QH14, and No. 40/2019/QH14; if not yet implemented, they shall be implemented in accordance with this Law;

b) Investment projects for construction decided or approved for investment before the effective date of this Law shall not be required to prepare a feasibility study report for investment construction as prescribed in this Law;

c) Investment projects for construction approved before the effective date of this Law shall not need to be re-approved; activities not yet carried out shall be conducted in accordance with this Law; for ongoing projects, management of construction investment costs shall continue to be conducted in accordance with existing laws prior to the effective date of this Law;

d) Construction works that have been reviewed by the competent construction authority for post-basic design implementation before August 15, 2020 and require a construction permit under the Construction Law No. 50/2014/QH13 which has been amended and supplemented by Laws No. 03/2016/QH14, No. 35/2018/QH14, and No. 40/2019/QH14 shall continue to obtain construction permits in accordance with the regulations;

đ) Construction works requiring design review or adjustment review after basic design implementation at the competent construction authority from August 15, 2020 to December 31, 2020, the competent construction authority shall cooperate with local construction management authorities to review and assess compliance with conditions for construction permit exemption under the Construction Law No. 50/2014/QH13 which has been amended and supplemented by Laws No. 03/2016/QH14, No. 35/2018/QH14, and No. 40/2019/QH14 as prescribed in Clause 30 Article 1 of this Law; if a construction permit has already been issued, there is no need to adjust the permit;

e) Construction works that have obtained a construction permit, if the design is adjusted after basic design implementation from January 1, 2021, must adjust the construction permit in accordance with this Law, except when design review is required at the competent construction authority as prescribed in this Law;

g) Construction works that commenced construction at the time when laws exempted construction permits but now fall under the requirement for construction permits under this Law may continue construction;

h) The Government shall provide detailed regulations on Points a, b, c, đ, e, and g of this Clause.

This Law was passed by the National Assembly of the Socialist Republic of Vietnam, the 14th term, ninth session, on June 17, 2020.