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blue-check Regarding procedures for grant of permit for construction of an office building within factory campus

Official letter No. 1311/BXD-HDXD dated April 22nd, 2021 of the Ministry of Construction regarding guidelines on grant of construction permit
VietlawOnline

According to the Ministry of Construction’s opinions, the investment in construction of an office building within a factory campus must fully comply with regulations on procedures for execution of construction projects according to regulations of laws on construction, investment and other related laws. Read more

Process and procedures for grant of construction permits are regulated at Article 102 of the Law on Construction No. 50/2014/QH13status2 (amended at Clause 36 Article 1 of Law No. 62/2020/QH14 ).

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blue-check Some new Decrees pertaining to construction

Official letter No. 1059/BXD-HDXD dated March 31st, 2021 of the Ministry of Construction regarding request for guidelines on implementation of the Law amending, supplementing to the Law on Construction
VietlawOnline

So far, the Government has promulgated some new Decrees to regulate in details the amended Law on Construction No. 62/2020/QH14, including: Read more

- Decree No. 06/2021/ND-CP dated January 26th, 2021 regulating in details quality management, construction and maintenance of construction works;

- Decree No. 10/2021/ND-CP dated February 9th 2021 on management of construction investment cost;

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

Enterprise may additionally refer to the aforesaid Decrees to manage construction investment cost and construction quality.

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blue-check There are Decrees guiding the application of 2020 Law on Construction

Official letter No. 1058/BXD-HDXD dated March 31st, 2021 of the Ministry of Construction regarding guidelines for application of the Law amending, supplementing a number of articles of the Law on Construction
VietlawOnline

Now, Decrees guiding the application of the amended Law on Construction No. 62/2020/QH14 are all promulgated, including: Decree No. 06/2021/ND-CP, Decree No. 10/2021/ND-CP and Decree No. 15/2021/ND-CP . Read more

In which, there are guidelines on these contents:

- Definitions of large-scale construction projects, works with great impact on community safety and benefits, etc.

- Competence to appraise, approve estimates for costs for project preparation, estimates for preparation affairs to prepare construction design after fundamental design, etc.

- Determining danger sites in construction projects, competence to organize pre-commissioning tests, etc.

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blue-check Regarding some issues relating to investment on construction, installation of rooftop solar system

Official letter No. 121/BXD-HDXD dated January 14th, 2021 of the Ministry of Construction regarding opinions about issues relating to investment on construction, installation of rooftop solar system
VietlawOnline

According to opinions of the Ministry of Construction, except for the construction of detached houses, with regard to construction works in combination with installation of solar system, depending on construction scale, the investor has to formulate, appraise, and approve feasibility study Report or construction investment economic-technical Report and organize the management of the project according to the Law on Construction No. 50/2014/QH13status2 , Law No. 62/2020/QH14 and constructional documents. Read more

The use of construction cost norms is required to comply with regulations on application of or reference to the system of construction norms of construction works regulated at Clause 3 Article 136 of the Law on Construction No. 50/2014/QH13status2 and Clause 51 Article 1 of Law No. 62/2020/QH14. With regard to construction activities do not have norms, the norms shall be determined by elaborating construction estimate norms according to the regulations at Article 15 of Decree No. 68/2019/ND-CPstatus1 .

In addition, it should note that with regard to contents about electricity specialization, it is required to obtain guidelines of the Ministry of Industry and Trade.

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blue-check Regarding guidelines on construction permit

Official letter No. 13/BXD-HDXD dated January 4th, 2021 of the Ministry of Construction regarding guidelines on construction permit
VietlawOnline

Currently, a construction permit already granted must be modified if there are adjustments to the design resulting in changes in one of the following contents (Article 98 of the Law on Construction No. 50/2014/QH13): Read more

(i) Change of the external architecture of the work, for works in urban centers or areas subject to architecture management requirements;

(ii) Change of one of the following factors: construction location and area; size, height and number of stories of the work and other factors affecting its main force-bearing structure;

(iii) Adjustment to the interior design of the work resulting in a change of its utility and affecting safety, fire and explosion prevention and fighting or environmental protection.

Accordingly, if after obtaining the construction permit the investor separates the enterprise, transfer part of assets to the enterprise to be separated or transfer of a project, this case must not apply for adjustment to the construction permit.

However, if it is beyond the deadline for construction commencement according to Clause 10 Article 90 of the Law on Construction, the investor has to carry out procedures for extension of the construction permit or issuance of a new construction permit according to Article 99 of the Law on Construction.

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blue-check Regarding elaboration of construction detailed planning for projects in industrial parks

Official letter No. 5262/BXD-QHKT dated November 2nd, 2020 of the Ministry of Construction regarding guidelines for, reply to some issues in the course of settlement of procedures for planning, construction in economic zones, industrial parks
VietlawOnline

According to the Ministry of Construction’s opinions, construction projects with a scale of more than 5 ha in industrial parks are all subject to the elaboration of construction detailed planning, even the industrial parks already obtained the approval of zoning planning of 1/2,000 scale and had completed infrastructure. Read more

Projects in industrial parks with the total scale of more than 5 ha divided into component projects or divided into investment stages with the area scale of less than 5 ha are also subject to elaboration of construction detailed planning.

It is required to note that the investor of the project investing in development of industrial park infrastructure and the investor of project investing in construction of factories, business and production establishments are 2 different entities, determined according to the regulations of Decree No. 82/2018/ND-CPstatus2 .

Upon elaborating the construction planning and elaborating the project of business and production in industrial parks, investors have to comply with the regulations of 2014 Law on Construction, Law No. 35/2018/QH14status2 , Law No. 62/2020/QH14 and Decree No. 44/2015/ND-CPstatus2 (amended, supplemented at Decree No. 72/2019/ND-CP).

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blue-check Regarding construction of works on leased land

Official letter No. 5225/BXD-HDXD dated October 28th, 2020 of the Ministry of Construction regarding guidelines on construction permit
VietlawOnline

The Ministry of Construction assumes that if works on leased land fully meet the regulations according to the guidelines provided at Official letter No. 1156/TCQLDD-CDKDD dated June 1st, 2020 and the conditions for obtaining the permit according to the Law on Construction No. 50/2014/QH13status2 , the construction permit may be granted to such works. Read more

However, before applying for the construction permit, the investor is required to fully carry the procedures according to regulations of laws on investment, construction, environment protection, fire prevention and fighting and other related laws.

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blue-check [Merged] - Methods for determination of construction investment costs

Merged Document No. 14/VBHN-BXD dated October 6th, 2020 of the Ministry of Construction on instructions about determination and management of construction investment costs

This document is to merge the amendments, supplements of Circular No. 02/2020/TT-BXD dated July 20th, 2020 into Circular No. 09/2019/TT-BXDstatus2 dated December 26th, 2019 of the Ministry of Construction on instructions about determination and management of construction investment costs.

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blue-check It is optional to apply construction standards

Official letter No. 4489/BXD-KHCN dated September 16th, 2020 of the Ministry of Construction regarding application of construction standards in construction activities
VietlawOnline

The Ministry of Construction notes that the design for construction works must comply with applicable national technical regulations. Read more

With regard to national standards, they shall be applied on the principle of voluntariness. The application of part or the whole of a specific standard shall become mandatory when it is involved in a legal document or technical regulation.

Investors shall consider, decide and be responsible for the application of national standards, manufacture standards or foreign construction standards to their construction activities in accordance with Circular No. 18/2010/TT-BXD .

Item 2 of this Official letter provides guidelines for application of ductility class low (DCL) in seismic design for construction works according to TCVN 9386:2012 and QCVN 02:2009/BXD.

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blue-check Construction Law 2020 (amended version)

Law No. 62/2020/QH14 dated June 17th, 2020 of the National Assembly on amendments to the Construction Law
VietlawOnline

The following provisions of the Law on Construction Law No. 50/2014/QH13status2 shall be amended in this 2020 version: Read more

- Clauses 1, 4, 10, 13 and 36 Article 1 relating to interpretation of terms regarding construction works. The concept “urban area construction investment project” is added while the concept “separate house” regulated at Clause 29 of this Article is abrogated;

- Some Clauses of Article 4 regarding basic principles of construction investment activities;

- Article 5 regarding types and grades of construction works;

- Article 7 regarding project owners;

- Article 49 regarding classification of construction investment projects;

- Article 52 regarding formulation of construction investment projects;

- Article 56 regarding appraisal of construction investment projects;

- Articles 57, 58, 59 regarding competence to appraise construction investment projects; contents of and time limit for appraisal of construction investment projects;

- Article 62 regarding organizational forms of construction investment project management;

- Article 78 regarding general provisions on construction design;

- Article 82 regarding competence to appraise and approve technical designs, construction drawing designs and construction cost estimates.

This Law takes effect from January 1st, 2021, except for cases regulated at Clause 2 Article 3 of this Law.

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