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
- 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.
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.
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/QH13 , 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/QH13 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-CP .
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.
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.
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-CP .
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/QH14 , Law No. 62/2020/QH14 and Decree No. 44/2015/ND-CP (amended, supplemented at Decree No. 72/2019/ND-CP).
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/QH13 , 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.
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.
- 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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