Some provisions of the law on construction

Policies name Some provisions of the law on construction
Legislation type Other document
Issue organization Vietnam Government
Field, industry Construction - City
Content

 

(For reference only)

I. On the classification of construction investment projects and decentralized construction:

1. Classification of construction projects: From 01/01/2015 investment projects constructed under the provisions of Article 49 of the Construction Law in 2014 are classified in accordance with the Law on Investment.

2. Classification, hierarchical constructions: The classification hierarchy works as stipulated in Article 5 of the Law Building 2014 is applied to Circular No. 10/2013 / TT-BXD dated 25/07/2013 The Ministry of Construction shall detail some of the content of quality management construction (hereinafter referred to as Circular No. 10/2013 / TT-BXD), Circular No. 09/2014 / TT-BXD dated 10 / 7/2014 of the Ministry of Construction, amending and supplementing a number of articles in the Circular guiding the Government's Decree No. 15/2013 / ND-CP dated 06 02 2013 of the Government on management of construction quality Construction (hereinafter referred to as Circular No. 09/2014 / TT-BXD).

 

 II. About the investor and project management forms:  

1. For projects funded by the state budget investment decisions after 01.01.2015 shall be based on the specific conditions of local, provincial-level People's Committees may be assigned to the Department construction management majors directly manage the project management unit specialized project management unit area established by his decision.

2. The ministries, branches and People's Committees of provinces and districts are responsible consolidate, organize or established project management units or specialized project management unit area under the provisions of the Law Construction in 2014 to manage the project for the use of the state budget.


III. Formulation and evaluation of construction projects:

1. Feasibility and Economic Report - engineering construction investment:

a) The project was approved after the date of 01.01.2015, the adjusted contents in accordance with the provisions of Article 54, Article 55 of the Law on Construction 2014 before the evaluation and approval.
b) The construction used for religious purposes and the building has a total investment of less than 15 billion (excluding land-use) just up the economic report - techniques prescribed in Article 55 of the Law on Construction 2014 building.  

2. To evaluate the investment project construction and Economic Report - Technical:

a) For projects using the State budget:

- Specialized Agencies of the Department of construction management for chairing evaluation entire contents of Group A projects, the project due to the ministries at the central level investment decisions are defined in Article 58 of the Construction Law in 2014.

- The Department of construction management chairing the entire contents of the evaluation of the project group B, group C and Economic Report - Technical provisions of Article 58 of the Construction Law in 2014 was invested in the area local table, except for projects by specialized agencies of the Ministry of construction manager specializing in the field above.

b) For projects using state capital budget:

- Specialized Agencies of the Department of construction management chairing content evaluation design basis specified in Paragraph 2 of Article 58 of the 2014 Law on Construction works of Group A.

- The Department of construction management majors content evaluation design basis specified in Paragraph 2 of Article 58 of the Construction Law in 2014 for the construction of Group B, Group C is the construction on localities.

c) For other capital projects:

Specialized agencies of the Ministry of construction management chairing content evaluation design basis specified in Paragraph 2 of Article 58 of the 2014 Law for the Construction Project of grade I and grade characteristics special.


IV. Regarding the evaluation design, construction cost estimates deployed after the basic design:  

1. From 01.01.2015, work has not been approved design, estimation, the contents of the formulation, evaluation design, construction cost estimates shall comply with the provisions of Article 80, Article 83 of Law built in 2014.

2. Competence and organizational processes for design evaluation, estimation is applied in accordance with the provisions on jurisdiction and process design verification Decree No. 15/2013 / ND-CP dated 02/06/2013 of Government Quality Management constructions (hereinafter referred to as Decree No. 15/2013 / ND-CP) and Circular No. 13/2013 / TT-BXD dated 15.08.2013 of the Ministry of Construction Regulations the examination, evaluation and approval of design and construction works.

 

V. On the competent inspection and acceptance of the quality of construction:

1. Subject to inspection and acceptance of the construction process and the completion of the construction works are carried out under the provisions of Paragraph 4 of Article 123 of the 2014 Building Code.

2. Competence and process inspection and acceptance of the construction process and the completion of construction 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. On building permits:

1. These works are exempt from building permit provided for in paragraph 2 of Article 89 of the 2014 Law on Construction.

2. The issuance of the construction permit shall comply with the provisions of the Construction Law in 2014 and the provisions of Decree No. 64/2012 / ND-CP dated 04/9/2012 of the Government building and Licensing Information Circular No. 10/2012 / TT-BXD dated 20.12.2012 of the Ministry of Construction Detailed guidance on some contents of Decree No. 64/2012 / ND-CP.

 

VII. Conditions on the management capacity building activities:

1. The certificate of practice development activities applicable under the provisions of Decree No. 12/2009 / ND-CP dated 12/02/2009 of the project management of construction investment (hereinafter referred to as Decree No. 12/2009 / ND-CP) and Circular No. 12/2009 / TT-BXD dated 24/6/2009 of the Ministry of Construction Detailed guidance on certification practice-building activities.  

2. The assessment of capacity-building activities of the organization to apply under the provisions of Decree No. 12/2009 / ND-CP and Circular No. 22/2009 / TT-BXD dated 06/7/2009 of the Ministry of Construction Construction Detailing conditions operational capacity building.

3. The published information capacity building activities shall comply with the provisions of Circular No. 11/2014 / TT-BXD dated 08/25/2014 of the Building Regulations disclosure of operational capacity building of institutions and individuals engaged in construction work.

 

VIII. Organization of implementation :

The provisions of Section I to Section VII of this document takes effect from 01.01.2015 till date legal documents guiding the implementation of the 2014 Building Code in effect.

 

Related documents:

Construction Law No. 50/2014 / QH13 with effect from the date 01.01.2015