Construction Law No. 50/2014 / QH13 passed by the XIII National Assembly at its Seventh Session on 18 June 2014 (hereinafter referred to as the Construction Law 2014) and comes into force on 1 January / 2015. At present, the Government is instructing ministries to expeditiously submit to the Government for issuance of decrees detailing the implementation of the Law. Following the Prime Minister's instruction in Document No. 100 / TTg-KTN dated 29/12/2014 guiding the implementation of the Construction Law 2014, to ensure that construction investment activities are not disrupted While pending the promulgation of legal documents providing for and guiding the implementation of the Law, the Ministry of Construction requests the ministries, branches and localities to seriously implement and fully comply with the contents. Specific provisions of the Construction Act 2014 are in place pending regulatory filings. Some of the contents of the Construction Law 2014 assigned to the Government guided the application of legal documents guiding the Construction Law in 2003 but not contrary to the provisions of the Construction Law 2014, specifically as follows :
I. On the classification of investment projects on construction and decentralization of construction works:
1. Classification of construction investment projects: From January 1, 2015, construction investment projects under the provisions of Article 49 of the Construction Law 2014 shall be classified according to the provisions of the Public Investment Law.
2. Classification and decentralization of construction works: The classification and decentralization of works according to the provisions of Article 5 of the Construction Law of 2014 shall comply with Circular No. 10/2013 / TT-BXD of July 25, 2013. of the Ministry of Construction detailing a number of contents on quality management of construction works (hereinafter referred to as Circular No. 10/2013 / TT-BXD), Circular No. 09/2014 / TT-BXD of 10 July 7, 2014 of the Ministry of Construction amending and supplementing a number of articles in the circulars guiding the Government's Decree No. 15/2013 / ND-CP dated February 6, 2013 on quality management of construction works (hereinafter referred to as Circular No. 09/2014 / TT-BXD).
II. On the investor and the form of project management:
1. For projects funded with state budget investment capital after January 1, 2015, based on the specific conditions of the locality, the provincial-level People's Committees may assign the provincial / municipal Services To manage specialized construction works directly managing specialized project management boards and regional project management boards set up by themselves.
2. Ministries, branches and provincial- and district-level People's Committees shall have to urgently consolidate, rearrange or set up specialized project management boards or regional project management boards according to the provisions of law. Construction 2014 for management of projects funded by state budget.
III. Formulation and evaluation of construction investment projects:
1. Elaboration of projects and reports on economic-technical investment in construction:
a) The project is approved after January 1, 2015, the contents in accordance with the provisions of Article 54, Article 55 of the Construction Law 2014 before adjustment and approval.
b / For construction works used for religious purposes and construction works with a total investment capital of under VND 15 billion (excluding land use levies), only the formulation of econo-technical reports in Article 55 of the Construction Law 2014.
2. Appraisal of construction investment projects and economic-technical reports:
a / For projects funded with the State budget capital:
- Specialized agencies under the Ministries managing specialized construction works shall assume the prime responsibility for appraising all contents of Group A projects and projects decided by the ministries and branches at the central level as prescribed in Article 58 of the Construction Law 2014.
- The provincial / municipal specialized construction works shall assume the prime responsibility in evaluating all contents of Group B and Group C projects and the econo-technical reports defined in Article 58 of the Construction Law 2014, which are invested in the localities. except for projects which are evaluated by the specialized agencies of the ministries managing the specialized construction works.
b) For projects funded with state budget capital outside the budget:
- The professional bodies under the Ministries managing specialized construction works shall assume the prime responsibility for appraising the contents of basic designs defined in Clause 2, Article 58 of the Construction Law 2014 for the works under Group A projects.
- The specialized construction service managing agencies shall appraise the contents of the basic designs as prescribed in Clause 2, Article 58 of the Construction Law 2014, for the works of Group B and C projects under construction. local area.
c / For projects funded with other capital: Specialized bodies under the Ministries managing specialized construction works shall assume the prime responsibility for appraising the contents of basic designs specified in Clause 2, Article 58 of the Construction Law 2014, for projects having grade-I works, different.
IV. On design appraisal, construction cost estimates applied after basic designs:
1. As of 01/01/2015, the design and cost estimates have not been approved, the contents of the elaboration, evaluation of designs and cost estimates for construction of works shall comply with the provisions of Article 80 and Article 83 of the Law. Construction 2014.
2. The competence and procedures for organizing the evaluation of designs and cost estimates shall comply with the provisions on competence and procedures for examination and design in the Government's Decree No. 15/2013 / ND-CP of February 6, 2013. The Government on Construction Quality Management (hereinafter referred to as Decree No. 15/2013 / ND-CP) and Circular No. 13/2013 / TT-BXD dated 15/8/2013 of the Ministry of Construction on Regulations To examine, appraise and approve construction designs.
V. On the competence to inspect the work of pre-acceptance test of the quality of construction works:
1. Objects of inspection of pre-acceptance test in the course of construction and upon completion of construction of works shall comply with the provisions of Clause 4, Article 123 of the Construction Law 2014.
2. The competence and procedures for checking the take-over work in the course of construction and upon the completion of construction of works shall comply with the provisions of Decree No. 15/2013 / ND-CP, Circular No. 10 / 2013 / TT-BXD and Circular No. 09/2014 / TT-BXD.
VI. Regarding the granting of construction permits:
1. Works which are exempt from construction permits as provided for in Clause 2, Article 89 of the Construction Law 2014.
2. The granting of construction permits shall comply with the provisions of the Construction Law of 2014 and the provisions of the Government's Decree No. 64/2012 / ND-CP of September 4, 2012, on granting construction permits Circular No. 10/2012 / TT-BXD dated 20/12/2012 of the Ministry of Construction guiding in detail some contents of Decree No. 64/2012 / ND-CP.
VII. Regarding the management of construction operation capability conditions:
1. The granting of construction practice certificates shall comply with the provisions of the Government's Decree No. 12/2009 / ND-CP of February 12, 2009, on management of work construction investment projects (hereinafter referred to as Decree No. 12/2009 / ND-CP) and Circular No. 12/2009 / TT-BXD dated June 24, 2009 of the Ministry of Construction guiding in detail the granting of construction practice certificates.
2. The assessment of the construction performance of organizations shall comply with the provisions of Decree No. 12/2009 / ND-CP and Circular No. 22/2009 / TT-BXD of July 6, 2009, of the Ministry of Construction. Establish detailed regulations on conditions for construction activities.
3. The publication of construction activity capability information shall comply with the provisions of the Construction Ministry's Circular No. 11/2014 / TT-BXD of August 25, 2014 on the disclosure of information on operation capability construction activities of organizations and individuals engaged in construction activities.
VIII. Implementation:
The provisions of Sections I to VII of this document are effective from 1 January 2015 until legal normative documents guiding the implementation of the Law on Construction 2014 come into force.
