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blue-check Regarding application of construction standards

Official letter No. 1143/BXD-KHCN dated April 8th, 2021 of the Ministry of Construction regarding application of technical regulations, national standards and foreign construction standards in construction activities
VietlawOnline

The Ministry of Construction notes that the construction design must comply with currently-applied national technical regulations. Read more

With regard to standards, they shall be applied on the principle of voluntariness, except for part or the whole of a specific standard which is invoked in a legal document or technical regulation, the application shall become mandatory (Article 23 of the Law on standards and technical regulations No. 68/2006/QH11status2 ).

Apart from national construction standards, investors may consider deciding to apply foreign construction standards according to Article 8 of Decree No. 15/2021/ND-CP.

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blue-check New regulations on management of construction projects

Decree No. 15/2021/ND-CP dated March 3rd, 2021 of the Government on elaborating certain regulations on management of construction projects
VietlawOnline

This Decree provides for these issues: Read more

- Preparation, appraisal, approval of projects, construction designs;

- Construction survey;

- Issuance of construction permits and construction order management;

- Building special works and carrying out construction projects abroad;

- Management of construction eligibility;

- Methods of construction project management.

This Decree mentions some new concepts of construction works such as: Main works of a construction project; Works with great impact on community safety and benefits; Work built by route; Energy Efficiency Building; Resource Efficiency Building; Green Building

This Decree takes effect from the date of its signing.

To replace Decree No. 59/2015/ND-CPstatus1 dated June 18th, 2015; Decree No. 42/2017/ND-CPstatus1 dated April 5th, 2017; Article 1, Article 4, Appendix I thru Appendix IX of Decree No. 100/2018/ND-CPstatus2 dated July 16th, 2018. Regulations of the Government, Ministries, ministerial-level agencies and local governments in contrary to this Decree shall be annulled.

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blue-check New regulations on quality management and maintenance of construction works

Decree No. 06/2021/ND-CP dated January 26th, 2021 of the Government elaborating on the implementation of several regulations on quality management, construction and maintenance of construction works
VietlawOnline

This Decree provides for new regulations on quality management, construction and maintenance of construction works. Read more

Accordingly, with regard to detached houses of families and persons, the investors may exercise the freedom of design if the total construction floor area of less than 250 m2 or less than 3 floors, or with less than 12m in height. However, if the houses have up to 6 floors or have basement, it is required to hire qualified and competent organizations and individuals to design; if the houses have 7 floors or more or with 02 basements or more, it must be subject to the construction design verification regarding the construction safety before applying for construction permits.

Large-scale and complex technical works must be subject to the inspection of the pre-commissioning test or test for completion by the competent regulatory authorities.

The period of warranty for construction works, construction items must not be less than: 24 months with the warranty coverage of 3% of contract value (for special-grade and grade-I construction works); 12 months with the warranty coverage of 5% of contract value (for construction works at other grades)

This Decree takes effect from the date of its signing and replaces Decree No. 46/2015/ND-CPstatus1 dated May 12th, 2015.

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blue-check Circular No. 17/2000/TT-BXD on costs of building materials is still effective

Official letter No. 5732/BXD-KTXD dated November 30th, 2020 of the Ministry of Construction regarding utilization of Circular No. 17/2000/TT-BXD
VietlawOnline

The Ministry of Construction says that at present time Circular No. 17/2000/TT-BXD guiding the classification of materials included in direct expenses is still effective. Read more

Accordingly, enterprises shall still apply the regulations of this Circular in order to make construction estimate.

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blue-check Regarding required procedures for inspection and acceptance before bringing works into operation

Official letter No. 5194/BXD-GD dated October 27th, 2020 of the Ministry of Construction regarding inspection and acceptance of the works of trade in services areas and high-rise apartment buildings
VietlawOnline

According to Article 31 of Decree No. 46/2015/ND-CPstatus1 , before bringing the works into operation, the investor has the complete these procedures: Read more

- Inspection and acceptance of fire safety;

- Certification of the completion of the environmental protection works;

- Approval of the inspection and acceptance result (of construction authority)

According to the Ministry of Construction’s opinions, if the procedures for inspection and acceptance of construction works are affected by the Covid-19 pandemic, it is necessarily to consider these affecting factors objectively in line with actual situation.

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blue-check Regarding application of design standards upon construction of general hospitals

Official letter No. 4869/BXD-KHCN dated October 7th, 2020 of the Ministry of Construction regarding guidelines on design standards for hospital works
VietlawOnline

According to opinions of the Ministry of Construction, from 2012 Vietnam construction standard on General hospital, symbolized TCXDVN 365:2007, has been transformed into the National standard system including the following 4 standards: Read more

1. TCVN 4470:2012 (applied to design general hospitals with more than 500 beds)

2. TCVN 9212:2012 (applied to design regional general hospitals)

3. TCVN 9213:2012 (applied to design district hospitals)

4. TCVN 9214:2012 (applied to design regional polyclinics)

Accordingly, from 2012 onwards, projects on construction of general hospitals must select to apply a suitable standard included in the aforesaid set of standards to made the design dossier.

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blue-check Regulations on appraisal of construction designs for exemption construction permit

Decree No. 113/2020/ND-CP dated September 18th, 2020 of the Government on elaboration of Point dd Clause 3 Article 3 of the Law on Amendments to the Construction Law regarding appraisal of construction designs implemented after fundamental design and construction permit exemption
VietlawOnline

According to Article 4 of this Decree, each investor of the construction works may submit a request for appraisal of construction designs following the fundamental design and review and assessment of fulfillment of construction permit requirements for granting construction permit exemption as prescribed in this Decree or follow procedures for appraisal of construction designs following the fundamental design separately from procedures for issuance of construction permit in accordance with the provisions in the Construction Law No. 50/2014/QH13status2 and Decree No. 59/2015/ND-CPstatus1 , as amended in Decree No. 42/2017/ND-CPstatus1 . Read more

This Decree comes into force from the date on which it is signed to December 31st, 2020 inclusively.

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blue-check It is allowable to supplement sub-constructors to ensure progress of EPC tender packages

Official letter No. 4065/BXD-KTXD dated August 20th, 2020 of the Ministry of Construction regarding issues relating to the implementation of Circular No. 30/2016/TT-BXD
VietlawOnline

According to the Ministry of Construction’s opinions, the application of standards to EPC tender packages shall comply with Article 6 of the Law on Construction No. 50/2014/QH13status2 . Accordingly, if in the course of deployment of designs or construction of tender packages, there are changes in applicable standards, the parties shall base on contract, bidding invitation dossier, bidding dossier according to the regulations at Article 6 of the Law on Construction and related regulations in order to adjust to be suitable. Read more

Regarding time limit for appraisal of technical designs of construction projects, investors and constructors shall base on the time limit regulated at Article 59 of the Law on Construction No. 50/2014/QH13status2 and Article 11 of Decree No. 59/2015/ND-CPstatus1 in order to reach agreement suitably, avoiding complaints, lawsuits.

The supplement of sub-constructors in the course of deployment of EPC tender packages, it is required to comply with the regulations at Article 47 of Decree No. 37/2015/ND-CPstatus2 . Accordingly, in case tasks of main contractor, general contractor fail to meet requirements for safety, quality and contract performance progress, investor may appoint sub-contractors.

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blue-check It is required to have the construction permit before commencement of construction of works

Official letter No. 3570/BXD-HDXD dated July 27th, 2020 of the Ministry of Construction regarding guidelines for issues relating to implementation of laws on construction
VietlawOnline

According to the regulations at point b Clause 1 Article 107 of the Law on Construction No. 50/2014/QH13status2 , construction permit is one of the conditions for investors to commence construction of works. Read more

For works requiring construction permits already constructed without the construction permit, it shall be subject to penalties according to the regulations at Decree No. 139/2017/ND-CPstatus2 .

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blue-check Regarding payment for lump-sum construction contract

Official letter No. 3271/BXD-KTXD dated July 7th, 2020 of the Ministry of Construction regarding payment for lump-sum contract
VietlawOnline

With regard to lump-sum construction contracts signed in line with the regulations of Decree No. 37/2015/ND-CPstatus2 , investors have to make payments for contractors in accordance with value of the signed contracts, except for the case of cutting work items in comparison with the design as request by the investor thereby the deduction of payment amount shall be made.

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